procedure order 03 02... · 2009-10-10 · in case of item rate tenders, indenting department shall...
TRANSCRIPT
1
PROCEDURE ORDER
Ref.No: PO/03/02 Dated: 21.08.1993
(PO/03/02, dt. 21/08/93; Amd.1, dt. 11/04/96; Amd.2, dt. 13/04/00; Amd.3, dt.
26/10/02; Amd.4, dt. 05/01/04; Amd.5, dt. 06/01/06; Amd.6, dt. 06/08/07)
1.Subject
2. Purpose
3. Effective from
4. Replaces earlier PO Nos.:
Contract Procedure for Works Division.
This order deals with the detailed procedure for award of
works by Works Contract Section, including tendering,
receipt and opening of tenders, formation of T.C.,
preparation of agreements and other related matters.
21.08.1993
Nil
Agencies Involved
Agency Abbreviation
Concerned Department CD
Works Contract Section WCS
Head of the Department HOD
Competent Authority CA
Finance Department FIN
Tender Opening Committee TOC
Tender Committee TC
Sl.No. Step/Activity Agenc
y
1.0
1.1
1.2
1.3
2.0
2.1
RECEIPT OF PROPOSALS
The proposal for tendering shall be prepared in the Proforma given at
Annexure-I alongwith all necessary enclosures. After taking the approval
of the competent authority, the proposal shall be forwarded to the Works
Contract Section/Construction Contract Section, as the case may be.
In case of additions / modifications / rectification proposals, the approval
of the competent authority shall be taken as per the approved AMR
Procedure and the proposal for tendering shall be prepared as mentioned
above and forwarded to Works Contract Section/Construction Contract
Section, as the case may be.
In case of item rate tenders, indenting department shall furnish item-
wise estimated rates in line with BOQ in a sealed cover and forward the
same along with specification and total estimated value of work to the
contract awarding dept.
PREPARATION OF TENDER DOCUMENTS
Comprehensive tender document shall be prepared based on the
proposal given by the department, to enable the tenderers to submit a
comprehensive and complete tender. The documents shall normally
consist of the following :
i) Tender notice as per the proforma given at Annexure-II.
ii) Instructions to the tenderer as per the Annexure-III. iii) General Conditions of Contract for construction works iv) Scope and specification of work v) Tender schedule (B.O.Q) as per the proforma given at
Annexure-IV.
vi) Drawings / sketches, wherever necessary.
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2.2
3.0
3.1
3.2
3.2.1
3.2.1.1
3.2.1.2
3.2.1.3
3.2.2
Consider the following aspects while preparing the tender documents :
i) Whether water, power and compressed air for the works can be made
available by VSP.
- Check-up the availability of the same in the particular site of work
before stipulating the provision for such clause. If they cannot be
provided, stipulate that the same would be contractor’s responsibility
at his cost.
ii) Whether escalation clauses are provided or not.
iii) Whether the clauses for various advances (mobilisation, secured
advance on materials, shuttering, machinery etc.) are as per
approval.
iv) Any specific conditions to be confirmed by the tenderers.
v) List of materials to be issued by VSP (free or on recovery)
vi) List of equipments (free or on hire charges) like cranes etc. to be
provided.
- if the equipments cannot be provided, stipulate that it would
be contractor’s responsibility at his cost.
MODE OF TENDERING
The following shall be the modes of tendering/awarding the work
contracts.
i) Short open tender
ii) Open tender with press publicity
iii) Limited tenders
iv) Single negotiated tender
v) Award of work at approved schedule of rates.
vi) Deposit works
Tender notices shall be issued in the cases (i), (ii) and (iii) of above para
3.1.
Short Open Tender
[Amendment No. 6:- Henceforth for SOT cases against eligibility criteria
only the required Registration Category and Class shall be indicated in
the NIT and the tenderers are required to submit copy of the registration
letter to this effect to qualify themselves for the tender. In case there are
any other eligibility criteria specific to a particular tender the same shall
also be mentioned in the NIT]
In respect of work of estimated value upto Rs.25 lakhs, short open
tenders shall be invited giving wide publicity among the contractors by
displaying on the notice boards of the Works Contracts section, the
works departments and other places.
In case of works of specialised nature etc., where head of works contract
section and the concerned department are of the opinion that
competitive tenders are not likely to be received by local circulation,
publish the tender notices in local newspapers.
The tender documents shall be issued on payment of the required cost,
to the intending contractors, who are registered with the works contract
section. While issuing the tender documents, the category of registration
in terms of capability and discipline shall be strictly followed.
Open Tender with press publicity
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3.2.2.1
3.2.2.2
3.2.2.3
3.2.2.4
3.2.2.5
3.2.3
3.2.3.1
3.2.3.2
3.2.3.3
3.2.3.4
3.2.3.5
3.2.3.6
3.3
Tender notices shall be published for all works of value more than Rs.25
lakhs in the news papers as given at Annexure-V.
The tender documents shall be issued on payment of the required cost,
to the intending contractors, after verifying the capabilities and field of
experience.
It shall be ensured that the contractors shall have executed at least one
similar work of value equivalent to 50% of the estimated value of work
being tendered out. Also ensure that the tenderers shall have an annual
turnover at least equivalent to the estimated cost of the work with a
completion period less than one year. In the case of works with
completion period of one year and above, the contractors’ turnover shall
not be less than the turnover per year required for completing these
works. The minimum turnover per year required shall also be mentioned
in the tender notice on the above basis. Any relaxation felt necessary in
the minimum requirement as mentioned above shall be approved by GM
(W)/Addl.GM (W). The documents shall be issued to those contractors
who satisfy the requirement as stipulated in the tender notice with
clearance of officer not below the rank of a Manager.
Prequalified bids shall be invited with the approval of GM (W) in the case
where execution of the work calls for high skill, specialisation and
experience in the field. Consider the tenders invited from the prequalified
parties as open tenders.
All the DDs collected as above shall be sent to the Cash Section after the
closing date of issue of tender documents of each tender in a
consolidated form.
Limited Tender
Limited tenders may be called for under the following circumstances.
i) Where the parties are to be fixed at very short notice and
sufficient time is not available for open tender notice.
ii) Where the work has to be done by specialised parties only and
limited parties are available in the line of the particular work.
The approval of the competent authority shall be obtained where
approval is not available.
The tender notices shall be issued as per Proforma given at Annexure-II,
to at least six parties who are registered in the required category.
In case it is not possible to identify six parties, the reasons for the same
shall be recorded and the approval of the next higher authority shall be
obtained.
If the required expertise is not available with the registered parties, the
non-registered parties may be included with the approval of the GM (W).
The cost of the tender documents shall not be charged from the parties
considered for limited tender enquiry.
Single Negotiated Tender
Award of work against single negotiated tender to be restricted to the
following situations only :
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3.3.1
3.3.2
3.3.3
3.3.3.1
3.3.3.2
3.3.3.3
3.3.3.3.1
3.3.3.4
3.3.3.4.1
3.3.3.4.2
3.4
3.4.1
3.5
3.5.1
3.6
To a Public Sector Undertaking which will carryout the work with its own
departmental workmen, where work is to be started immediately. The
rates are to be negotiated and fixed by a committee approved by the
competent authority or as per previous approved rates, if available.
Repair jobs of specialised and critical nature which can be done only by
the equipment manufacturers, authorised representative or agencies
having specialised expertise.
Under emergency conditions, where in a job has to be started
immediately, there may not be time to go through the normal tendering
and negotiating procedure. In such a situation, follow the procedure
given below.
Contact the enlisted parties for similar job by telephone or contact their
representatives available on the shop-floor and ask them to come up
with quotations immediately.
If more than one party comes up with quotations, select the lowest
bidder with due approval of the competent authority (as per the
approved delegation of powers shown at the Annexure). Ask him to
immediately start the job and issue him with letter order by department
followed by formal WO in 2 (two) days time.
If only one enlisted party is available for the job, give the job to him on
nomination basis with due permission from the GM of the concerned
zone.
The rates should be fixed based on the existing and/or approved rates/or
rate analysis from first principle and the cost of the job should be
certified by the concerned HOD.
If no suitable enlisted party comes up for the particular job, record the
same, and follow the procedure mentioned above for non-enlisted
parties.
In these cases, at least verbal approval should be obtained from the
Concerned GM of the zone before beginning of the job and written
approval should be obtained from him on the next working day.
In all these cases the rates should be fixed based on the existing and/or
approved rates/or rate analysis from first principle and the cost of the
job should be certified by the concerned HOD.
Award of work at approved schedule of rates
Work shall be awarded to the enlisted parties on rotation basis, with the
consent of the parties at the approved rates as per the delegation of
powers.
Deposit Works
The deposit works shall be resorted to for the works through the
Government agencies like CPWD, Railways or Government undertakings,
with the approval of the competent authority.
The EMD amount and the cost of the tender document as required to be
tendered by the tenderer shall be clearly specified in the tender notice
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CD
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3.7
3.8
4.0
4.1
4.1.1
4.1.2
4.1.2.1
4.1.2.2
4.2
4.3
4.4
4.5
4.5.1
4.5.2
5.0
for guidance of the tenderer. Enlisted contractors need not submit EMD.
Specified time and date of the tender opening shall be mentioned in the
tender notice.
In case the sale of the document is to be extended on reasons such as
poor response etc., the addendum to tender notice shall be published in
the same manner as the original tender notice.
RECEIPT OF TENDERS
Time for submission of tenders
Short Open Tenders
A minimum of one week or a maximum of three weeks shall be given
depending upon the involvement of bought out items and urgency of the
work.
Open tender by Press Publicity
A minimum of four weeks may be allowed from the date of publication of
tender notice in the cases where bought out items are substantial and
the contractors would require time to obtain back-up quotations.
A minimum of two weeks may be allowed from the date of publication of
tender notice in the cases where bought out items are limited.
Tender Box shall be closed and locked before 09.30 AM on the date of
tender opening, keeping open the slit through which the tender
documents are to be dropped. The slit meant for dropping the tender
documents shall be closed and locked exactly at the time of closing of
receipt of tenders. The above two keys shall be in the personal custody
of the concerned officer of the works contract section.
The bulky documents which will not go through the slit shall be received
by the dealing officer and kept in his personal custody under lock and
key after entering the time of receipt of tender and signing on the
envelope. The receipt of these documents shall be entered immediately
in the register for tender opening.
The time and date of receipt shall be entered and signed on the envelope
of the tenders received by post prior to the closing time of receipt of
tenders. The receipt of these documents shall be entered immediately in
the register for tender opening and the documents shall be dropped in
the tender box before the closing time of receipt of tenders.
Late tenders
The time of receipt shall be entered and signed on the envelope for the
late tenders i.e., the tenders received after the closing time. The receipt
of these documents shall be entered immediately in the register. These
cases shall be put up to the competent authority.
Competent authority shall decide whether to open the tenders or not,
depending on the response, technical acceptability etc. and give approval
accordingly.
OPENING OF TENDERS
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5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
The opening of tenders shall be done by a committee consisting of the
representatives from the works contracts section and Finance.
The representative of Finance shall be informed in advance about the
specific time and date of tender opening as mentioned in the tender
notice.
The tender shall normally be opened at the time and place as mentioned
in the tender notice. Any change in the same shall be done only with
prior approval of the head of the contracts section after recording the
reasons therefor in writing.
If the date of opening is postponed as the time allowed for preparation
and submission of tender is found insufficient and the sale is already
closed, the same shall be informed by displaying a notice on the notice
board of works contract section.
In case the tender opening date happens to be a holiday or the tenders
cannot be opened for certain extraneous reasons, the tenders shall be
opened on the next working day after ensuring that the intended
tenderers have been informed accordingly.
The tenders shall be opened at the specified time by the tender opening
committee members in the presence of tenderers.
Numbering of the tenders received shall be written on all the envelopes
of the tenders taken from the tender box as well as the tenders of bulky
documents received by hand. The numbering of the individual tender
shall be done indicating the total number of tenders in the denomination
and the serial number of that particular tender in the numerator (ex:1/7,
2/7 etc. in the case of seven tenders received). These envelopes shall
also be signed with date, by the officers of the tender opening
committee.
The envelopes shall be opened one by one.
The following shall be specifically mentioned on the first page of every
tender and initialed by the tender opening committee members.
i) Serial number of document, as specified above in the Para 5.7
ii) Whether EMD/exemption documents submitted or not. If
submitted, the amount of EMD, and the details of the
documents.
iii) Number of pages of covering letter including annexures. The
serial number of the tender shall be mentioned and initialed by
the tender opening committee members on the first page of
covering letter also.
iv) The rebate, if any, offered either in BOQ or in the covering letter. When there is no rebate anywhere, it shall be mentioned
as “No Rebate”.
The above details shall also be read out to the tenderers present.
All cuttings and corrections shall be attested by the tender opening
committee members. The rate/rates corrected if any, shall be rewritten
and initialed. If there are no corrections in any page of Bills of quantities,
it shall be mentioned as “No Correction.”
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5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
The total value quoted of all the tenderers, the rates of the first two
lowest tenders and the specific conditions quoted by the tenderers
including the rebates, if any, offered by the tenderers shall be read out
for the information of the tenderers, present.
All the tenders received shall be entered in the register indicating the
name of the tenderer, the EMD/exemption documents submitted and the
total value quoted. The signature and tenderers present at the tender
opening shall be obtained in this register against their names. The
officers opening the traders shall also sign in this register, stating the
number of tenders received and opened.
In case of tenders for electrical, mechanical and other works where
consultants, Design department or/and the indenting department will be
required to study/and give their comments and technical evaluation is
also necessary, copies of tenders submitted shall be forwarded
immediately (within 4 days) after the tenders are opened.
Wherever the tenders are called in two parts system (which is to be done
in such cases where the scope of all aspects is not definite or number of
variables are likely to be quoted by the parties), the technical and
commercial bids will only be opened on the prescribed tender opening
date. The price bids shall not be opened but shall be kept in the safe
custody of the dealing officer concerned. After freezing the technical and
commercial conditions with the parties based on discussions and
exchange of correspondence, revised price bids may be obtained from
the parties whose offers are technically and commercially acceptable.
The parties shall be asked to submit these bids within the prescribed
time and date and the price bids shall be opened in the same manner as
prescribed in paras 5.7 to 5.12. If time permits, the parties may be
called for opening of revised price bids.
In case of item rate tenders, the sealed envelopes containing the item
wise estimated rates shall be opened by Tender Committee after opening
of the price bids.
Close watch on the validity of the tenders and validity of the EMDs shall
be kept by the dealing officer of the tender. These shall be noted on the
inside cover page of the file concerned.
The EMD drafts/Bank Guarantees deposited by the parties shall be
released in the case of unsuccessful tenderers immediately after the
finalisation and acceptance of the work by the successful tenderer. The
EMD drafts/bank guarantees pertaining to the successful tenderer shall
be forwarded to works accounts section immediately after award of work
and acceptance by the successful tenderer.
The comparative statement shall be prepared based on the rates quoted
by the parties. In the comparative statement, conditions given by the
parties shall also be briefly indicated. While preparing the comparative
statement the following shall be noted.
“ The rates quoted in words shall override the rates in figures, if there is
any discrepancy between these two”
The comparative statement shall be initialed by the officers preparing
and verifying the comparative statement.
After the comparative statement is made the same shall be forwarded to
Finance along with the original copies of the tenders. The details of the
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6.0
6.1
6.2
6.3
6.4
6.5
6.6
documents (specifying the numbers) shall be indicated in the covering
letter.
FINALISATION OF AWARD OF WORK
After comparative statement is checked in Finance department, the
meeting of the tender committee shall be convened. The composition of
the tender committee shall be as specified in Annexure-VI.
In case of tenders of value of above Rs.50 lakhs, a brief containing the
approval, final position of the parties, the relevant conditions quoted by
the parties, the clarifications given by the parties etc., shall be circulated
in advance to the members of the tender committee. In case any of the
tenderers have issued any letter which will materially alter their
quotation including the conditions the same shall also be put upto the
tender committee. The copies of the technical evaluation as made by the
indenting department, design department, consultants etc. shall also be
put up to the tender committee.
In those cases in which the tenderers have submitted number of
counter-conditions and in which the clarifications are required from the
parties, the tender committee may call the parties, discuss with them in
order to bring their quotations in line with the standard conditions of
VSP. The tender committee may decide on the number of parties with
whom the discussions to be held initially depending on the initial
assessment of the capacities of the parties, their competitive position
etc.
While selecting the parties for discussion the tender committee shall take
into account the following :
i) Where the lowest bid is higher by 10% or more than the
updated estimated cost, negotiation to be recommended with L1
to L3 parties (If there is no proposal to divide the work between
two or more agencies) in that order, for matching price with the
estimated cost. In case there is a proposal to divide the work
between two or more agencies, more numbers of tenderers can
be recommended for negotiations accordingly. The tender
committee shall take a note of the guidelines issued regarding
the negotiations from time to time.
If the price is not matched with the estimated cost, sealed re-
bids to be invited and case finalised.
ii) Where the lowest bid is below 30% of the estimated cost and if
T.C.feels that the price is unworkable, negotiation with the L1
party shall be carried out to examine the rate-analysis and the
work ability of the price quoted. The recommendation to award
of work to L1 party shall be made only after T.C. satisfies itself
about the work ability of the rates quoted. L2 party may be
considered otherwise, for recommendation of placing order as
per rules.
All the deliberations of the tender committee shall be recorded in the
form of minutes. The final recommendation of the tender committee shall
also be in the form of minutes.
The value of recommended by the tender committee shall be generally
within +10% to -30% of the updated estimated cost. In case the value
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6.7
6.7.1
6.7.2
6.7.2.1
6.7.2.2
6.7.2.3
6.7.2.4
6.8
6.9
6.10
recommended is more than 10% or less than 30% specific reasons for
such recommendation shall be mentioned in the minutes of the tender
committee.
Freak Rates
The Tender Committee shall also discuss with the party to whom the
work is being recommended, for correcting the freak rates if any. This
shall not be construed as “negotiation”.
Case of item rate tenders
Tender Committee shall identify the freak rates on higher side i.e., with
wide variation (above 50%) of the quoted rates of L-1 tenderer with the
estimated rates. After identifying, these item rates shall be marked as
freak rates and TC shall make efforts to negotiate with L-1 tenderer to
reduce the rates to the extent possible.
For Projects works and AMR works, there need not be any ceiling on the
estimated BOQ quantities for execution, in case the rates for certain
items remain freak as compared with the estimated rates even after
negotiation with the L-1 tenderer, since these quantities are not firm and
may vary substantially with site conditions. Such freak rates will not be
considered as a basis for estimation for subsequent works. Such items
will be informed to Indenting Department by Tender Section.
For maintenance works awarded as item rate contract, the quantities
against the items having freak rate(s) on higher side (i.e., above 50% of
estimated rates) shall be restricted to 130% of the estimated BOQ
quantities. However, if execution of such items beyond 130% of the
estimated BOQ becomes a necessity (reasons to be recorded), the same
shall be carried out upto 150% of the BOQ estimated quantity with the
approval of D (O) with concurrence of Finance. Any deviation thereafter
shall require approval of CMD.
On comparing quoted rates of L-1 tenderer with estimated rates, in case
of wide variation (below 50%), such rates are considered freak on lower
side. Such rates will not be considered as a basis for estimation for
subsequent works. Such item rates will be informed to indenting
department by Works Contracts Section.
The recommendations of the tender committee shall be comprehensive
in giving complete background details, the basis of the decision, the
basis of rejections if any, details of important correspondence etc. In the
recommendation of the tender committee, the details of the value
recommended and the final conditions over and above the standard
conditions of VSP which are recommended for acceptance shall also be
brought out specifically. In case the recommendations is for award of
part work, the relative completion time for the part work if any, shall also
be mentioned.
The recommendations of the tender committee shall be processed for
approval of the competent authority. In those cases where the award of
the work is to a tenderer other than the lowest, the case shall be
processed for concurrence of Finance before submitting for approval of
the competent authority as per delegation of powers.
For approval of award of work, the delegation of powers as applicable
may be referred. The work order/LOI shall be prepared based on the
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6.11
6.12
7.0
7.1
7.2
7.3
recommendations of the tender committee duly approved by the
competent authority. The work order shall be issued for awarded value
upto 3 lakhs in the proforma given at Annexure-VII. For the works of
more than 3 lakhs of awarded value, letter of intent (LOI) shall be issued
in the Proforma given at Annexure-VIII, which shall be followed by
preparing and signing of contract agreement. The work order/LOI shall
contain all the conditions accepted by the successful tenderer over and
above those contained in the tender documents issued to the party. The
work order/LOI shall also contain a sentence that the other conditions, if
any, submitted by the contractor shall be deemed to have been
withdrawn by them. The work order/LOI shall be issued within fifteen
days from the date of issue of Telex/Telegram intent. The contractor
shall be asked to submit the following the work order/LOI.
1) Copy of the labour licence or clearance certificates from personnel
department of VSP in respect of Labour Licence.
2) Copy of the P.F.Code number of letter of exemption from
personnel department of VSP.
3) Copy of the Insurance coverage to the workers employed.
The contractor shall also be asked to give an unqualified acceptance to
the work order/LOI within 15 days from the date of issue of the same. In
case the contractor while accepting the LOI issued by VSP has made
remarks or furnished qualified acceptance to the LOI, the matter has to
be sorted out immediately, and the award of work shall be completed
only after the unqualified acceptance obtained from the contractor.
The EMDs of all the unsuccessful parties should be refunded only after
the successful party has given the unqualified acceptance and initial
Security Deposit. In the event of undue delay in submission of initial
security deposit by the successful tenderer, refund of EMD shall be done
after confirmation of starting of work at site by Engineer-in-charge.
PREPARATION OF THE AGREEMENT
A formal agreement (for all the works of more than 3 lakhs of awarded
value) to be concluded with the contractor shall be prepared after the
contractor has submitted the following :
(1) Unqualified acceptance to LOI
(2) Initial Security Deposit in the form of Bank Guarantee or
Demand Draft.
(3) Clearance from Personnel Dept. of Labour Licence.
(4) Provident Fund Code number or clearance from personnel
department for the same.
(5) Copy of Insurance coverage for the worker engaged.
The contractor shall also be required to submit non-judicial stamp paper
for value of Rs.100 purchased OR for such value as may be required
under law in the name of Contractor form the State of Andhra Pradesh
for the Agreement, the Proforma of which is given at Annexure-IX.
The contractor shall also be required to submit the power of Attorney
authorizing one of his representatives to sign the agreement on behalf of
the contractor, in case of proprietary Firm. In case of partnership, the
contractor shall submit a true copy of the partnership deed and authorize
any one of the partners to sign the agreement or a power of Attorney or
any authorisation executed by all the parties on a stamp paper in favour
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7.4
7.5
7.6
7.7
of the person (Partner or otherwise) to sign the agreement. In case of a
company, the contractor shall submit the Memorandum and Articles of
Association of the company and a power of Attorney by duly constituted
authority in favour of a person who will sign the agreement. It may be
ensured that the person signing the agreement on behalf of the
contractor is fully authorised to sign the agreement on behalf of the
contractor either a partnership firm or limited company or sole-
proprietary firm.
After receipt of the unqualified acceptance, Security Deposit and stamp
paper, the agreement shall be prepared containing the following (in the
order from bottom to top).
(1) The tender document as issued to the party containing :
a) Specification and Bill of quantities with rates and amounts as
accepted duly filled in.
b) General Conditions of Contract for Construction works. A
confirmation letter from the agency to have gone through the
GCC in detail.
c) Special Conditions of Contract for the work / job. d) Amendments / addendum, if any, issued to the tenderer.
(2) Covering letter of the tenderer.
(3) Copies of the correspondence having bearing on the finalization of
the contact.
(4) Letter of Content (LOI)
(5) Amendment, if any, to the detailed work order
(6) Unqualified acceptance for the LOI
(7) Form of agreement in the stamp paper (as per the Proforma in the
General Conditions of the Contract)
The draft agreement for works of above Rs.1 crore shall be got vetted by
Finance.
The agreement shall be signed on behalf of VSP either by Supdt.
(Contracts) or any other authorised officer.
The original agreement along with the comparative statement shall be
kept by the concerned officer in lock and key. The file containing the
approval and all the related papers upto the approval stage shall be
closed and this also shall be kept along with original agreement. These
documents are to be arranged in such a manner so that the same would
be readily available for reference/audit. Similarly the unsuccessful
tenders received against the tender shall also be marked and tied
together and kept in an arranged manner so that the same would be
available to the Audit when needed. The original agreement shall not
normally be taken out for reference.
WCS
WCS
WCS
WCS
**********
Dept's Ref.No.&Date:File No:
Name of Work:
Dept: Section: Engineer-in-charge:Designation:
Responsibility Code Phone No.:Name of Equipment :Equipment Code : Location :PURPOSE :Repair : Modification : Labour Supply:Transport : Loading etc.: Cleaning :Others (specify) :Estimate by dept. : Basis of estimate: (for quantities & rates and Ref. to previous rate if anyCompletion time : Defect Liability / Guarantee Period …………….Period of Contract : Months from the date of completion of work.Brief on the Work / Reasons for off-loading to external agencies :
Mode of tendering Proposed : Limited Open(LTE)
If the proposal is for LTE,give justification. (tick) mark.
ENCLOSURES : (Tick Mark)
Financial Year :- FOR USE BY MMSBudget Head :- Budget details /Budget availability.Availability:
Signature of initiating officerName :Design. :Phone No.:
neatly typed in the approved format. 4. Spl.conditions of contract or / and spl.instructions to the tenderers, if any, 5. Others (Specify)
Note: The proposal and all the enclosures shall be signed by an officer not below the rank of Manager.
2. Work has to be done by specialised agencies & only limited agencies are available in the line of work
Full Name and Local Postal addresses & Telephone No. of the parties for LTE (Minimum six). (Give Full and Correct Names after verification)
1. Detailed scope of work including scope of supply of materials by VSP (Neatly typed). 2. Detailed estimate 3. Bill of Quantities
For use by Works Contracts
PROPOSAL FOR TENDERINGANNEXURE-I
1. Parties are tobe fixed in a shosrt notice and sufficient time is not available for open tender notice.
ANNEXURE-II
VISAKHAPTNAM STEEL PLANT, VISAKHAPATNAM – 530 031, INDIA
GRAMS: UBEAM, TELEX: 0495, 284, 344
WORKS CONTRACT SECTION, AGM (MECH) BLDG, MAX: 2775, 2527, 2348 P&T 88763
LIMITED/SHORT/OPEN TENDER NOTICE NO.VSP/WC/ DATED:
Sealed item rate tenders in the prescribed form are invited from
experienced Contractors for the following work
1. NAME OF WORK:
2. Earnest money deposit: Lumpsum Amount of Rs. ---------------------
3. Cost of Tender Documents: Rs. --------- by and or Rs. ------- by
post. The cost of tender documents can be paid by an account payee
Demand draft drawn in favour of RASHTRIYA ISPAT NIGAM LTD.,
VISAKHAPATNAM STEEL PROJECT ON STATE BANK OF INDIA, STEEL PROJECT
BRANCH (Code: 6318) Visakhapatnam – 530 031. No other mode of
payment or bank will be acceptable.
4. Receipt of requisitions for issue of tender documents upto 1 P.M.
on -----------
5. Last date & time of receipt and time: Upto 3 P.M on ------------
of opening of tenders and venue : in the office of Supdt.
(Works Contracts DGM (Mech)
Bldg. Visakahaptnam steel
plant, Visakhapatnam-31.And
tender opening immediately
thereafter.
6. Completion Period:
7. Period of Contract:
8. Defect Liability period:
9. Special Instructions to tenderers: i) Tenderers should have
executed a SINGLE work of similar nature and of minimum value of
Rs. ------ and turnover of atleast Rs. -----------in any one year
during the preceding five years. ii) The request for issue of
tender documents shall be accompanied by the proof of such
experience and a copy of latest income tax clearance certificate
or else tender schedules may not be issued.
10. Rashtriya Ispat Nigam ltd. Will not be responsible for any delay,
loss or nonreceipt of tenders by post.
11. Tenders will be opened in the presence of such tenderers or their
representative who choose to be present.
12. Issue of Tender documents by post is limited to outstation
agencies.
13. Before quoting for the work the tenderer shall contact ________
who is the Engineer-in-charge for the work.
14. Rashtriya Ispat Nigam ltd., reserves the right to issue/refuse
tender documents and to accept/reject any or all tenders either in
part or infull or to split and award the work to more than one
agency without assigning any reason thereof and without any
liability to RASHTRIYA ISPAT NIGAM LTD.
For Supdt. (Works Contracts)
------------------------------------------------------------------
Regd. Office:RASHTRIYA ISPAT NIGAL MTD., VISAKHAPATNAM STEEL
PLANT, VISAKHA-31.
------------------------------------------------------------------
ANNEXURE-III
I/We have gone through the general conditions of contract of VSP and
noted the contents therein I/We hereby confirm that I/We shall abide by
the terms and conditions of General conditions of the contract including
form of tender, invitation to tender, articles of Agreement etc. I/We
hereby declare that I/we have visited, inspected and examined the site
and its surroundings and satisfied overselves before submitting this
tender, information about the nature of work, facilities that may be
required and obtained necessary information about working conditions,
risk contingencies etc. which may influence this tender.
---------------------------------------SIGNATURE OF THE TENDERER
1. INSTRUCTIONS TO TENDERERS:
a) Tenders shall be submitted in the prescribed form issued by VSP. Tender documents issued are not transferable. Tender
documents issued shall be submitted wholly without detaching
any part.
b) Tenderers shall be agree to VSP’s terms and conditions
specifications/scope of work and quote their rates
accordingly.
c) Tender shall be for the entire scope of work mentioned in the tender documents.
d) Tenderers shall quote the rates for all items in the BoQ issued by VSP in figures and words and all corrections
initialed. Rates quoted in words shall govern in case of
variance between figures and words. Quoted rates shall
govern for working out amounts.
e) The rate quoted in figures and words shall be tallied before submission of the tender and all mistakes corrected.
Quotation shall be preferably type written or written in
neat and legibly handwriting.
f) If by any reason the tender opening is postponed to any
other date, the details will be displayed in the notice
board of works contracts cell. Tenderers shall see the
notice board regularly and keep themselves informed in this
matter.
g) Before quoting, the tenderers shall necessarily contact the Engineer-in-charge and fully understand the job, scope of
works, unit of measurement, mode of measurement scope of
supply of materials by VSP if any working conditions, shut
down arrangements. Labour deployment requirements risk
contingencies and such other factors which may effect their
tender.
h) General conditions of contract of VSP (printed book) are
available in the office of Supdt (Works Contracts) for
reference. The tenderers shall study and understand the same
before quoting.
i) Tenders shall be kept open for acceptance for a period of 4 months from the date of opening of tender.
2) EARNEST MONEY DEPOSIT (EMD)
a) Earnest money deposit shall be in the form Demand Draft
(drawn in favour RIN Ltd., Visakhapatnam Steel Plant, payable
at Visakhapatnam) or a bank guarantee issued by a scheduled
bank. BGs & DDs shall be valid for a period of 3 months from
the tender opening date.
b) Small scale industrial units who request for exemption from
submission of EMD shall submit a copy of their PERMANENT
REGISTRATION in a separate sealed cover stapled or attached
with their sealed tender. Only such SSI units registered for
the same. Trade/item for which the tender is relevant will be
exempted from submission of EMD.
c) Bank guarantee for EMD shall be submitted along with a
covering letter in a sealed envelope directly from the Bank.
d) EMD’s pf unsuccessful tenderers will be refunded after
reasonable time without interest.
3. MODE OF SUBMISSION OF TENDER:
a) Earnest Money Deposit/Certificate of SSI unit registration to get exemption from EMD, and the tender shall be in two separate
sealed covers super scribing the contents Name of work, name of
tenders, tender notice No. etc. These separate sealed covers
shall be stapled/tied together and submitted.
b) While opening the tender, the cover containing EMD/proof for
exemption from payment of EMD shall be opened first and if the
EMD requirements are met with, the tender will be opened.
c) Tenders not satisfying the above requirements may not be
opened.
4. SPECIAL CONDITIONS OF CONTRACT (SCC):
4.1 General: The special conditions of the contract (SCC) are
complementary to and shall be read in conjunction with General
Conditions of Contract (GCC) of VSP, Scope of work, Bill of quantities
and other documents forming part of the Tender Documents.
In case of any conflict of meaning between SCC & GCC provisions of SCC
shall override the provisions of GCC.
4.2 Visakhapatnam Steel Plant reserves the right to accept or reject
the lowest or any other tender without assigning any reason and the work
may be allotted to one of the tenderers or to more than one tender.
4.3 The contract shall be treated as having been entered into from the
date of issue of the letter of intent work order to the successful
tenderer.
4.4 WATER, POWER AND COMPRESSED AIR:
Unless otherwise specified to the contrary any where in the tender
schedule, the contractor is entitled to use in the work such supplies of
water, power and compressed air (Basing on availability) from VSP’s
sources from approved tapping points, free of cost. The contractor shall
make his own connections for drawing the same to the work spot.
4.5 Immediately on receipt of work order, the successful tenderer
shall submit the following documents to the Engineer-in-charge with a
copy to Supdt. (Works Contracts). The contractor’s bills shall not be
processed unless these documents are submitted.
a) Insurance policy covering all the workmen against injury,
permanent disability, death etc. which shall be effective from
the date of start of contract and cover for the entire period
of contract including extended period if any.
b) Labour licence obtained from State Government Authorities. c) A certificate from the regional P.F.Office Certifying
submission of Provident Fund contributions towards all the
employees engaged by the contractor.
4.6 The Contractor shall submit wage records, work
commencement/completion certificates etc. and obtain necessary clearance
from contract labour cell of VSP for final bills clearance.
4.7 The rate quoted shall remain form and shall be inclusive of all
taxes, duties, royalties, overheads and the like and no request for
escalation in the rates will be allowed under any circumstances.
4.8 ADVANCES: No advances of any sort will be given by VSP.
4.9 PAYMENT TERMS: Payment will be made monthly on recommendations of
the engineer basing on the quantities executed, at accepted rates.
4.10 MEASUREMENTS: The contractor shall take measurements jointly with
the Engineer or his representative and keep joint records for the same.
Bills shall be prepared and submitted by the Contractors basing on
agreed measurements.
4.11 INITIAL SECURITY DEPOSIT (ISD): Initial Security Deposit for the
work shall be a 2% of contract price. Earnest Money Deposit shall be
adjusted against ISD, and the difference between ISD and EMD shall be
deposited in the manner mentioned in the work order / Letter of Intent.
4.12 RETENTION MONEY: Retention Money at the rate of 7.5% of the bills
will be deducted from each bill until this amount together with the
Initial Security Deposit reach the limit of retention which is 7.5% of
the value of work. The Retention Money shall be released after the
satisfactory completion of defect liability period after liquidating the
defects.
4.13 Recovery on Income Tax at source will be made from contractor’s
bills and deposited with Income Tax department.
4.14 The Contractor shall ensure strict compliance with provisions of
the employee’s Provident Fund Act 1952 and the scheme framed there under
in so far as they applicable to their establishments and agencies
engaged by them. The contractor is also required to indemnify the
employer against any loss or claim or penalties or damages whatsoever
resulting out of non-compliance on the part of the contractor with the
provisions of aforesaid act and the schemes framed thereunder. A copy of
the provident fund membership certificate/P.F.code number shall be
submitted by the contractor.
4.15 The contractor shall follow the provisions of Indian Factories Act
and all rules made thereunder from time to time as applicable, and shall
indemnify the Employer against all claims of compensations under the
provisions of the act in respect of workmen employed by the contractor
in carrying out the work against all costs and expenses and penalties
that may be incurred by the Employer in connection therewith.
4.16 SAFETY:
a) The Contractor and his workers must strictly take all the safety precautions and shall supply to his workers dependable efficient
safety appliances. He shall also ensure that his workmen
intelligently use only the dependable safety appliances supplied
to them.
b) All safety appliances must be checked for their dependability by the contractor before use. For this purpose, the contractor should
provide safety appliances for use by his workmen as per
requirement like Hand gloves, Safety boots, Safety helmet, Duster
cloth, Dust mask/Nostril filter etc. In addition to this, basing
on requirement, the contractor shall also provide additional type
of safety appliances for safe working. The quoted rate shall be
inclusive of all these.
c) Only full insulated electrode holders shall be used by the welders deployed for the work. The contractor shall obtain necessary
clearances from the engineer everyday every time before starting
the work.
4.17 SHUT DOWNS:
Necessary shutdowns will be arranged by VSP to be contractor for
carrying out the work basing on requirement. No claims on account of
delayed/prolonged shutdown will be entertained.
4.18 The works assigned to the contractor by the engineer from time to
time shall be completed within the time schedule fixed by the engineer-
in-charge in each case or within the approved shutdown period.
4.19 Only experienced and skilled/trained workers acceptable to the
engineer shall be engaged on this work. Work shall be executed as per
specifications to the satisfaction of the engineer.
4.20 LABOUR DEPLOYMENT:The contractors shall deploy his labour as per
requirement and as instructed by the engineer. It may be necessary to
carryout the work round the clock basing on requirement and shutdowns
arranged. The contactor’s rate shall cover such eventualities.
4.21 SECURITY REGULATIONS:
The contractor shall abide all security regulations, promulgated
from time to time by the employer.
4.22 STORING STACKING OF MATERIALS: Storing / stacking / placing of
materials shall be only at the places designated by the engineer.
4.23 After completion of work activity, the site has to be cleared of
all debris, construction materials and the like.
4.24 The successful tenderer shall start the work immediately after
receiving intimating from VSP to start the work.
4.25 SCOPE OF WORK :---------------- Enclosed /As per BOQ ------------.
4.26 PAYMENT OF MINIMUM WAGES
Wages paid to the workmen by the contractor should not be less than the
rates notified by the Commissioner of Labour, Andhra Pradesh, Hyderabad
published in the Andhra Pradesh Gazette from time to time with regard to
the minimum wages applicable to the respective category of workmen.
Wages to the workmen should be paid on or before the 7th of the
subsequent month. If 7th falls on a holiday or weekly off day, the
payment should be made one day prior to that. Payment of PF for the
month, both the employer’s (in this case contractor) and employee’s (in
this case workmen employed by the contractor) contributions should be
deposited in the bank in the permanent PF code numbers and challan
obtained before the 15th of the subsequent month and forwarded to the
“Engineer”.
In case of failure of the contractor to comply with any of the above,
the following action will be taken by VSP.
LAPSE ACTION BY VSP
1
Payment of wages at rates
less than those notified
under the minimum wages
notification.
An amount equivalent to the
differential amount between
wages to be paid under Minimum
Wages notification of the Govt.
applicable for the period less
actual wages paid shall be
recovered from the bills as
certified by the Engineer.
2. Non payment of wages An amount equivalent to wages
payable by the contractor
applicable for the relevant
period shall be recovered from
the bills as certified by
Engineer.
3 Non payment of PF Recovery of PF amount and an
amount equivalent to maximum
penalty leviable by Regional
Provident Fund Commissioner for
the delayed period under the
provisions of EPF & MP Act and
Rules for delayed remittance of
PF contributions (both the
employee’s and employer’s
contributions), shall be
recovered from the bills of
contractor as certified by
Engineer.
4 Delayed payment of PF An amount equivalent to maximum
penalty leviable by Regional
Provident Fund Commissioner for
the delayed period under the
provisions of EPF & MP Act and
Rules for delayed remittance of
PF contributions (both the
employee’s and employer’s
contributions), shall be
recovered from the bills of the
contractor as certified by
Engineer.
Annexure to VSP/WC/Name of Work
1
2
SIGNATURE OF CONTRACTOR
DESCRIPTIONS.NO.RATE
Rs.AMOUNT
Rs.QUANTITYUNIT
Wherever old items are replaced for fixing new items, all related connections are to be made good for proper functioning of new items, dismantled/old items are to be handed over to the stores.
ANNEXURE-IVBILL OF QUANTITIES (BOQ)
The quantities indicated are approximate and may vary to a wide range. Payment shall be made as per the actual work carried out at corresponding accepted rate.
S.No. Value of the Tender1) Locals English - 1 Paper Upto Rs.20 lakhs (for all works)
Vernacular - 2 Papers
2) South Zone English - 2 Papers Upto Rs.50 lakhs (for civil works only)Vernacular - 2 Papers Upto Rs.30 lakhs (for other works)
3) South Zone English - 2 Papers Upto Rs.50 lakhs for works other than civil)Vernacular - 2 Papers
East Zone English - 2 Papers
4) South Zone English - 2 PapersVernacular - 1 Paper Upto Rs.100 lakhs
East Zone English - 2 Papers
West Zone English Times of India, Bombay
North Zone Hindustan Times, DelhiOne Hindi Daily
5) South Zone English - 2 Papers
East Zone English - 2 Papers
West Zone Times of India, Bombay Above Rs.100 lakhsEconomics Times, -do-
North Zone Hindustan Times, DelhiTimes of India, DelhiOne Hindi - Daily
ANNEXURE-VDetails of Newspapers
Limited Tenders
Open Tenders
GM(W)/Addl.GM(Maint.) DGM(Mech)
CFM/ACFM ACFM/Dy.CFM Dy.CFM/Manager(Fin) Dy,Mgr/Asst.Mgr(Fin)
ANNEXURE-VI
Sub: Composition of tender committee for work of repair, maintenance, loading unloading, transportation and other related jobs handled by Works Department.
Rs.100 lakhs to Rs.250 lakhs
Above Rs.250 Lakhs Rs.25 lakhs to Rs.100 lakhs
Above Rs.100 Lakhs Rs.50 lakhs to Rs.100 lakhs
Rs.15 lakhs to Rs.50 lakhs
Upto Rs.15 lakhs
Director (Operation) GM(W)/ Addl.GM(W) AGM/CS of Dept.concerned
Upto Rs.25 lakhs
Supdt./Manager of department concerned.
Head of concerned department
Head of concerned department
Supdt./Mgr.(Works Contracts)
Dy,Mgr/Asst.Mgr(Works Contracts)
ANNEXURE-VII
VISAKHAPATNAM STEEL PLANT (A GOVT.OF INDIA ENTERPRISE)
VISAKHAPATNAM-530 031 INDIA
-----------------------------------------------------------------------
WORKS CONTRACTS SECTION, AGM (MECH) BLDG., PHONE: 2775, 2327, P&T: 88763
------------------------------------------------------------------------
Ref.No.VSP/WC/ /93-94/ Dated:
To: BY REGD.POST
Sirs,
Sub: Work Order
Name of Work:
1. Ref: -------------------------------------------------------------
We are pleased to inform that you are awarded the above subject
work at a cost of Rs----------------------------- (Rupees --------
---------------------------) as per the bill of quantities with
the rates enclosed.
2. Terms and Conditions: The contract shall be governed by the
Special Conditions of Contract and the General Conditions of
Contact of VSP.
3. Initial Security Deposit (ISD): The Initial Security Deposit for
the work shall be Rs. --------------- (Rupees --------------------
------------) which is 2% of the value of work. The difference
between Initial Security Deposit and your EMD of Rs. -------------
--------------- (Rupees ----------------------------------) shall
be deducted from your first bill.
4. Retention Money: Retention money at the rate of 7.5% of the bills
will be deducted from each bill until this amount together with
your Initial Security Deposit reach the limit of retention which
is 7.5% of the value of work.
5. Retention money thus deducted shall be released on the
recommendation of the Engineer after satisfactory completion of
the defect liability period of ------------------ months from the
date of completion of the work.
6. All defective works observed during the defect liability period
shall be rectified by you at your cost immediately.
7. a) Completion Period:
The works assigned to the contractor by the Engineer from time to
time shall be completed within the time schedule fixed by the
Engineer in each case or within the approved shutdown period.
b) Period of Contract:
8. You shall contact --------------------------- (who will be the
engineer under the contract and competent authority to pass your
Bills) for further instructions / to start the work immediately.
He shall also be engineer under the contract vide clause no.1.1.3
of G.C.C. for construction works.
PARTY CODE: JOB CODE:
9. Only experienced workers acceptable to the Engineer shall be
engaged on this work. Work shall be executed as per specifications
to the satisfaction of the Engineer.
10. Immediately on receipt of this letter, you shall submit copies of
the following documents to the Engineer with a copy to
Superintendent (Works Contracts). The contractor’s bills shall not
be processed unless these documents are submitted.
a) Insurance policy covering all the workmen against injury,
permanent disability, death etc., which shall be effective from
the date of start of contract and cover for the entire period of
contract including extended period if any.
b) Labour licence obtained from state government authorities. c) A certificate from the regional P.F. office certifying submission
of Provident Fund Contributions awards all the employees engaged.
11. The rates shall remain firm and no escalation in the rates will
be allowed under any circumstances.
12. You shall adhere to all safety rules and regulations and to the
provisions of Indian Factories Act and shall supply dependable
safety appliances to your workmen. Only fully insulated electrode
holders shall be used by the welders deployed for the work. You
shall obtain necessary clearances from the Engineer concerned
every day before you start the work.
13. Acceptance: You are required to give your unqualified acceptance
to this work order in the Proforma appended to this letter. This
work order with the enclosures and letters/tender under reference
together with your acceptance shall form a binding contract
between you and VSP for the subject work.
This is issued with the approval of competent authority.
Yours faithfully
For VISAKHAPATNAM STEEL PLANT,
Supdt. (Works Contracts)
Encl: 1) Bill of Quantities & Scope of Work
2)
Copy to:
ACCEPTANCE OF WORK ORDER
I/We hereby give our unqualified acceptance to this work order and agree
to carry out the subject work as per the terms and conditions and
specifications of VSP at the rates mentioned in the bill of quantities.
Signature of Contractor
Name:
(SEAL)
ANNEXURE-VIII
VISAKHAPATNAM STEEL PLANT (A GOVT.OF INDIA ENTERPRISE)
VISAKHAPATNAM-530 031 INDIA
-----------------------------------------------------------------------
SUPDT. (WORKS CONTRACTS SECTION), AGM (MECH) BLDG., PH: MAX: 2775, 2327,
P&T: 763
------------------------------------------------------------------------
Ref.No.VSP/WC/ /92-93/ Dated:
To: BY REGD.POST
Sirs,
Sub: Letter of Intent (LOI)
Name of Work:
1. Ref: -------------------------------------------------------------
We are pleased to inform that you are awarded the above subject
work at a cost of Rs------------- (Rupees ------------------------
-----------) as per the bill of quantities with the rates
enclosed.
2. Terms and Conditions: The contract shall be governed by the
Special Conditions of Contract and the General Conditions of
Contact of VSP.
3. Initial Security Deposit (ISD): The Initial Security Deposit for
the work shall be Rs. --------------- (Rupees --------------------
------------) which is 2% of the value of work. The difference
between Initial Security Deposit and your EMD of Rs. -------------
--------------- (Rupees ----------------------------------) shall
be deposited within 10 days from the date of issue of this letter
in the form of demand draft or bank guarantee.
4. Retention Money: Retention money at the rate of 7.5% of the bills
will be deducted from each bill until this amount together with
your Initial Security Deposit reach the limit of retention which
is 7.5% of the value of work.
5. Retention money thus deducted shall be released on the
recommendation of the Engineer after satisfactory completion of
the defect liability period of ------------------ months from the
date of completion of the work.
6. Any defective works observed during the defect liability period
shall be rectified by you at your cost immediately.
7. a) Completion Period:
The works assigned to the contractor by the Engineer from time to
time shall be completed within the time schedule fixed by the
Engineer in each case or within the approved shutdown period.
b) Period of Contract:
8. You shall contact --------------------------- (who will be the
engineer under the contract and competent authority to pass your
Bills) for further instructions / to start the work immediately.
PARTY CODE: JOB CODE:
9. Only experienced and skilled workers acceptable to the Engineer
shall be engaged on this work. Work shall be executed as per
specifications to the satisfaction of the Engineer.
10. Immediately on receipt of this letter, you shall submit copies of
the following documents to the Engineer with a copy to
Superintendent (Works Contracts). The contractor’s bills shall not
be processed unless these documents are submitted.
a) Insurance policy covering all the workmen against injury,
permanent disability, death etc., which shall be effective from
the date of start of contract and cover for the entire period of
contract including extended period if any.
b) Labour licence obtained from state government authorities. c) A certificate from the regional P.F. office certifying submission
of Provident Fund Contributions towards all the employees engaged.
11. The rates shall remain firm and no escalation in the rates will
be allowed under any circumstances.
12. You shall adhere to all safety rules and regulations and to the
provisions of Indian Factories Act and shall supply dependable
safety appliances to your workmen. Only fully insulated electrode
holders shall be used by the welders deployed for the work. You
shall obtain necessary clearances from the Engineer concerned
every day before you start the work.
13. Acceptance: You are required to give your unqualified acceptance
to this letter of intent in the proforma appended to this letter.
This letter of intent with the enclosures and letters/tender under
reference together with your acceptance shall form a binding
contract between you and VSP for the subject work till a formal
agreement is executed.
14. Formal agreement: After depositing the Initial Security Deposit,
you are required to execute a formal agreement with VSP in the
prescribed Proforma on a non-judicial stamp paper. The typed
Proforma on non-judicial stamp paper along with Labour Clearance
Certificate from Contract Labour Cell of VSP, should be submitted
to this office for preparation of contract agreement. Non-judicial
stamp paper shall be of value Rs.100/-.
This is issued with the approval of competent authority.
Yours faithfully
For VISAKHAPATNAM STEEL PLANT,
Supdt. (Works Contracts)
Encl: 1) BOQ 2) Scope of Work
3) Prescribed Proforma for Agt.
ACCEPTANCE TO LOI
I/We hereby give our unqualified acceptance to this Letter Of Intent and
agree to carry out the subject work as per terms and conditions and
specifications of VSP at the rates mentioned in the BOQ.
Signature of Contractor
Name:
(SEAL)
ANNEXURE-IX
(Proforma for Agreement)
NON JUDICIAL STAMP PAPER
FOR Rs.100/-
AGREEMENT NO.VSP/WC/AGT –
DATE:
ARTICLES OF AGREEMENT
ARTICLES OF AGREEMENT made at Visakhapatnam this __________________ day of
_____________ 1991 between RASHTRIYA ISPAT NIGAM LIMITED, Visakhapatnam Steel
Plant, Visakhapatnam having its Registered Office at Project Office Complex, Visakhapatnam-530
031 (hereinafter referred to as the Employer which expression shall include its successors and
assigns) of the part and ____________________________________________________________
____________________________________ (hereinafter referred to as Contractor which
expression shall include its successors and assigns) of the other part.
Where the Employer is desirous that certain works should be executed viz., ____________
______________________________________________________________________________
___________________________________________________________ and has accepted a
Tender by the Contractor for the execution, completion and maintenance of such works.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this agreement words and expressions shall have the same meaning as are respectively
assigned to them in the general conditions of contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and constructed as part of
this agreement Viz.,
i) LOI/NO.VSP/WC/ Dated :
ii) Your letter No.------------------ Dated :
iii) General Conditions of Contract
iv) Special Conditions of Contract
v) Bill of Quantities.
3. In consideration of the payments to be made by the employer to the contractor as
hereinafter mentioned the contractor hereby covenants with the employer to execute,
complete and maintain the works in conformity in all respects with the provisions of the
contract.
4. The employer hereby covenants to pay to the contractor in considerations of the execution,
completion and maintenance of the works the contact price at the times and in the manner
described by the contract.
5. No amendment to this agreement shall be valid or be of any affect unless the same is
agreed to in writing by both the parties here to and specially stated to be an amendment to
this agreement.
6. All disputes arising out of or in any way connected with this agreement shall be deemed
to have arisen in Andhra Pradesh and only the courts in Andhra Pradesh shall have
jurisdiction to determine the same.
7. The several parts of this contract have been read to us and fully understood by us.
AS WITNESS our hands this _______________ day of __________________ 1992.
Signed by the same in the presence of
_______________________ _____________________
Signed by the said in the presence
________________________ _____________________
NAME OF WORK:
AGENCY :
DECLARATION
1. I/We declare that I/We am/are aware of my/our contractual obligations and the precautions
are to be taken to ensure the safety of all the workmen and to be deployed by me/us for
this work.
2. I/We hereby declare that I/We have visited, inspected and examined the site and its
surrounding and satisfied myself before submitting my tender about the nature of work,
facilities that may be required and obtained necessary information about working
conditions, risk contingencies etc., which may influence this work.
3. I/We undertake to strictly observe and comply with all the safety precautions and I/We
shall apply to our workers new dependable and efficient safety appliances only. I/We shall
ensure that our workers intelligently use only the dependable safety appliances supplied to
them.
4. I/We shall provide the following safety appliance for use by our workmen as per
requirement:
i) Hand gloves
ii) Safety boots
iii) Safety helmets
iv) Duster cloth
v) Safety belts.
5. In addition to this, if the work required, I/We shall provide additional type of safety
appliances for safe working.
SIGNATURE OF THE CONTRACTOR.
DECLARATION
I/We have gone through the General Conditions of Contract and noted the contents therein. I/We
hereby confirm that I will abide by the terms and conditions of the General Conditions of Contract
including Form X of Tender, Invitation to Tender and Articles of agreement for construction
works. I/We hereby declare that I/We have visited, inspected and examined the site and its
surroundings and satisfied myself before submitting this tender about the nature of work, facilities
that may be required and obtained necessary information about working conditions, risk
contingencies etc., which may influence this tender.
SIGNATURE OF THE CONTRACTOR
5 To enter into contract 1. Subject to budget provision
without calling for tenders 2. Reasonability of rates to be
in emergent cases with certified
reasons to be recorded. 3. With CFA Rs.10 lakhs Rs.5 lakhs Rs.3 lakhs Rs.2 lakhs Rs.50,000 No Power
in each case in each case in each case in each case in each case
4. Without CFA Rs.3 lakhs Rs.2 lakhs Rs.1 lakh Rs.50,000 No Power No Power
in each case in each case in each case in each case
E-7 E-6 E-5FNL.
DIRECTORBELOW E-5
Extant of Powers
ANNEXURE
EXTRACTS FROM APROVED DELEGATION OF POWERS
(VIDE NO.CA-XVI/2/93 DT.31st July 1993)
DELEGATION OF POWERS - WORKS DEPTT.
REMARKSNATURE OF POWERSS.NO.E-9/E-8
CONTRACT PROCEDURE FOR WORKS DIVISION
(PO/ 03/02 dt.21/8/1993 )
AMENDMENT NO.1 Dt:11/4/1996
EXISTING CLAUSE AMENDED
Cl.
No.
Clause
Cl. No. Clause
3.3.3
Under emergent conditions
where the work is to be started
immediately. Rates to be fixed
on earlier working rates if
available or by inviting spot
quotations from minimum 3
empanelled parties available at
site. Care to be taken not to
repeat award of such work to
same party.
AGENCY : WCS
3.3.3
3.3.3.1
3.3.3.2
3.3.3.3
3.3.3.3.1
Under emergency conditions,
where in a job has to be started
immediately, there may not be
time to go through the normal
tendering and negotiating
procedure. In such a situation,
follow the procedure given
below.
AGENCY : CD
Contact the enlisted parties for
similar job by telephone or
contact their representatives
available on the shop-floor and
ask them to come up with
quotations immediately.
AGENCY : CD
If more than one party comes
up with quotations, select the
lowest bidder with due approval
of the competent authority (as
per the approved delegation of
powers shown at the Annexure).
Ask him to immediately start
the job and issue him with letter
order by department followed
by formal WO in 2 (two) days
time.
AGENCY : CD
If only one enlisted party is
available for the job, give the
job to him on nomination basis
with due permission from the
GM of the concerned zone.
AGENCY : CD
The rates should be fixed based
on the existing and/or approved
rates/or rate analysis from first
principle and the cost of the job
3.3.3.4
3.3.3.4.1
3.3.3.4.2
should be certified by the
concerned HOD.
AGENCY : CD
If no suitable enlisted party
comes up for the particular job,
record the same, and follow the
procedure mentioned above for
non-enlisted parties.
AGENCY : CD
In these cases, at least verbal
approval should be obtained
from the Concerned GM of the
zone before beginning of the job
and written approval should be
obtained from him on the next
working day.
AGENCY : CD
In all these cases the rates
should be fixed based on the
existing and/or approved
rates/or rate analysis from first
principle and the cost of the job
should be certified by the
concerned HOD.
AGENCY : CD
--------- xx ---------
CONTRACT PROCEDURE FOR WORKS DIVISION
PO/03/02 dt.21.08.1993
Amendment No.2; dt.13.04.2000
4.26 PAYMENT OF MINIMUM WAGES
Wages paid to the workmen by the contractor should not be less than the rates notified
by the Commissioner of Labour, Andhra Pradesh, Hyderabad published in the Andhra
Pradesh Gazette from time to time with regard to the minimum wages applicable to the
respective category of workmen. Wages to the workmen should be paid on or before
the 7th of the subsequent month. If 7th falls on a holiday or weekly off day, the payment
should be made one day prior to that. Payment of PF for the month, both the
employer’s (in this case contractor) and employee’s (in this case workmen employed by
the contractor) contributions should be deposited in the bank in the permanent PF code
numbers and challan obtained before the 15th of the subsequent month and forwarded
to the “Engineer”.
In case of failure of the contractor to comply with any of the above, the following action
will be taken by VSP.
LAPSE ACTION BY VSP
1
Payment of wages at rates less
than those notified under the
minimum wages notification.
An amount equivalent to the differential
amount between wages to be paid under
Minimum Wages notification of the Govt.
applicable for the period less actual wages
paid shall be recovered from the bills as
certified by the Engineer.
2. Non payment of wages An amount equivalent to wages payable
by the contractor applicable for the
relevant period shall be recovered from
the bills as certified by Engineer.
3 Non payment of PF Recovery of PF amount and an amount
equivalent to maximum penalty leviable
by Regional Provident Fund Commissioner
for the delayed period under the
provisions of EPF & MP Act and Rules for
delayed remittance of PF contributions
(both the employee’s and employer’s
contributions), shall be recovered from
the bills of contractor as certified by
Engineer.
4 Delayed payment of PF An amount equivalent to maximum
penalty leviable by Regional Provident
Fund Commissioner for the delayed period
under the provisions of EPF & MP Act and
Rules for delayed remittance of PF
contributions (both the employee’s and
employer’s contributions), shall be
recovered from the bills of the contractor
as certified by Engineer.
CONTRACT PROCEDURE FOR WORKS DIVISION (PO/03/02 dt.21.08.1993)
(AMENDMENT NO.3; Dt:26.10.2002)
EXISTING AMENDED Sl.
No. Cl. No. Clause
Cl. No. Clause
1
2
3.2.1
3.2.1.1
3.2.2
3.2.2.1
Short Open Tender
In respect of work of estimated
value upto Rs.10 lakhs, short
open tenders shall be invited
giving wide publicity among the
Contractors by displaying on the
notice boards of the Works
Contract Section, the works
departments and other places.
AGENCY : WCS
Open Tender with Press Publicity
Tender notices shall be published
for all works of value more than
Rs.10 lakhs in the news papers
as given at Annexure-V.
AGENCY : WCS
3.2.1
3.2.1.1
3.2.2
3.2.2.1
Short Open Tender
In respect of work of estimated
value upto Rs.16 lakhs, short
open tenders shall be invited
giving wide publicity among the
Contractors by displaying on the
notice boards of the Works
Contract Section, the works
departments and other places.
AGENCY : WCS
Open Tender with Press Publicity
Tender notices shall be published
for all works of value more than
Rs.16 lakhs in the news papers as
given at Annexure-V.
AGENCY : WCS
--------- xx ---------
Contracts Procedure for Works Division
(PO/03/02 dated 21.8.1993)
Amendment No.4 dated 05.1.2004
(w.r.t. item rate tenders)
EXISTING AMENDED
Cl.
No.
Step/Activity
Sl.
No. .
Step/Activity
Nil
5.14
Nil
L
Wherever the tenders are called
in two parts system (which is to
be done in such cases where the
scope of all aspects is not
definite or number of variables
are likely to be quoted by the
parties), the technical and
commercial bids will only be
opened on the prescribed tender
opening date. The price bids
shall not be opened but shall be
kept in the safe custody of the
dealing officer concerned. After
freezing the technical and
commercial conditions with the
parties based on discussions and
exchange of correspondence,
revised price bids may be
obtained from the parties whose
offers are technically and
commercially acceptable. The
parties shall be asked to submit
these bids within the prescribed
time and date and the price bids
shall be opened in the same
manner as prescribed in paras
5.7 to 5.12. If time permits, the
parties may be called for opening
of revised price bids.
AGENCY : TC
1.3
5.14
In case of item rate tenders,
indenting department shall
furnish item-wise estimated rates
in line with BOQ in a sealed cover
and forward the same along with
specification and total estimated
value of work to the contract
awarding dept.
AGENCY : CD
Wherever the tenders are called
in two parts system (which is to
be done in such cases where the
scope of all aspects is not definite
or number of variables are likely
to be quoted by the parties), the
technical and commercial bids will
only be opened on the prescribed
tender opening date. The price
bids shall not be opened but shall
be kept in the safe custody of the
dealing officer concerned. After
freezing the technical and
commercial conditions with the
parties based on discussions and
exchange of correspondence,
revised price bids may be
obtained from the parties whose
offers are technically and
commercially acceptable. The
parties shall be asked to submit
these bids within the prescribed
time and date and the price bids
shall be opened in the same
manner as prescribed in paras 5.7
to 5.12. If time permits, the
parties may be called for opening
of revised price bids.
In case of item rate tenders, the
sealed envelopes containing the
item wise estimated rates shall be
opened by Tender Committee
after opening of the price bids.
AGENCY : TC
6.7 The tender committee shall also
discuss with the party to whom
the work is being recommended,
for correcting the freak rates if
any. This shall not be construed
as “negotiation”.
AGENCY : TC
6.7
6.7.1
6.7.2
6.7.2.1
6.7.2.2
6.7.2.3
Freak Rates
The Tender Committee shall also
discuss with the party to whom
the work is being recommended,
for correcting the freak rates if
any. This shall not be construed
as “negotiation”.
AGENCY : TC
Case of item rate tenders
Tender Committee shall identify
the freak rates on higher side i.e.,
with wide variation (above 50%)
of the quoted rates of L-1
tenderer with the estimated rates.
After identifying, these item rates
shall be marked as freak rates
and TC shall make efforts to
negotiate with L-1 tenderer to
reduce the rates to the extent
possible.
AGENCY : TC
For Projects works and AMR
works, there need not be any
ceiling on the estimated BOQ
quantities for execution, in case
the rates for certain items remain
freak as compared with the
estimated rates even after
negotiation with the L-1 tenderer,
since these quantities are not firm
and may vary substantially with
site conditions. Such freak rates
will not be considered as a basis
for estimation for subsequent
works. Such items will be
informed to Indenting
Department by Tender Section.
AGENCY : WCS
For maintenance works awarded
as item rate contract, the
quantities against the items
having freak rate(s) on higher
side (i.e., above 50% of
estimated rates) shall be
restricted to 130% of the
estimated BOQ quantities.
However, if execution of such
items beyond 130% of the
estimated BOQ becomes a
6.7.2.4
necessity (reasons to be
recorded), the same shall be
carried out upto 150% of the BOQ
estimated quantity with the
approval of D(O) with
concurrence of Finance. Any
deviation thereafter shall require
approval of CMD.
AGENCY : WCS
On comparing quoted rates of L-1
tenderer with estimated rates, in
case of wide variation (below
50%), such rates are considered
freak on lower side. Such rates
will not be considered as a basis
for estimation for subsequent
works. Such item rates will be
informed to indenting department
by Works Contracts Section.
AGENCY : TC, WCS
--------- xx ---------
1
CONTRACT PROCEDURE FOR WORKS DIVISION
(PO/03/02 dt. 21/08/93)
(Amendment No.5, dt:06/01/06) (wrt enhancing value of tenders to be processed on SOT basis)
EXISTING AMENDED Sl
No Cl. No. Clause Cl. No. Clause
1 3.2.1
3.2.1.1
Short Open tender
In respect of work of estimated
value upto Rs.16 lakhs, short
open tenders shall be invited
giving wide publicity among the
contractors by displaying on the
notice boards of the Works
Contracts section, the works
departments and other places.
Agency : Works Contract Section
3.2.1
3.2.1.1
Short Open tender
In respect of work of estimated
value upto Rs.25 lakhs, short
open tenders shall be invited
giving wide publicity among the
contractors by displaying on the
notice boards of the Works
Contracts section, the works
departments and other places.
Agency : Works Contract Section
2
3.2.2
3.2.2.1
Open tender with press publicity
Tender notices shall be published
for all works of value more than
Rs. 16 lakhs in the newspapers
as given at Annexure-V.
Agency : Works Contract Section
3.2.2
3.2.2.1
Open tender with press publicity
Tender notices shall be published
for all works of value more than
Rs. 25 lakhs in the newspapers as
given at Annexure-V.
Agency : Works Contract Section
VISAKHAPATNAM STEEL PLANT
MANAGEMENT SERVICES DEPARTMENT
Ref.No.MS/PRO/07/ Dt:06/08/07
Sub : CONTRACT PROCEDURE FOR WORKS DIVISION (PO/03/02, dt. 21/08/93)
AMENDMENT -6
Henceforth for SOT cases against eligibility criteria only the required Registration
Category and Class shall be indicated in the NIT and the tenderers are required to
submit copy of the registration letter to this effect to qualify themselves for the
tender. In case there are any other eligibility criteria specific to a particular tender
the same shall also be mentioned in the NIT.
This is issued with the approval of competent authority.
Sd/
(K JAGADISH)
DCM (MS)
CONTRACT PROCEDURE FOR WORKS DIVISION
(PO/03/02 dt. 21/08/1993)
AMENDMENT NO.7 Dt: 25/07/2008
(wrt Return of EMD/ Bids to the Tenderers)
1.0 Return of EMD/ Un-opened bids to non-qualified/ rejected bidders: 1.1 Intimation with reasons about ineligibility/ rejection to be communicated by
E-mail/ FAX/ Post/ By hand to respective bidders within seven (07) working days, from the date of approval of Competent Authority to proceed further with the tenders.
1.2 EMD and un-opened bids to be dispatched by Registered Post within fifteen
(15) working days from the date of approval of Competent Authority to open the second cover (Technical and/ or Commercial bids or Price bids, as the case may be), in all cases, where the bidder was found to have not qualified in the evaluation against PQC.
1.3 EMD & un-opened price bid to be dispatched by Registered Post within
fifteen (15) working days (preferably before opening of the price bids of qualified agencies) from the date of approval from the Competent Authority to open the price bids, in all cases where the bidder was found to have technically and/ or commercially not qualified in the second cover evaluation i.e. techno-commercial bid evaluation.
1.4 Wherever Integrity Pact has been made a part of the NIT/ Tender
document, it needs to be ensured by respective contracts section before release of EMD amount that the party has complied with the requirements of Integrity Pact.
1.5 Prospective bidders should furnish their Bank account number and details of
Bank to enable RINL to refund EMD/ SD, etc., of un-opened/ rejected bids to non-qualified/ rejected bidders electronically.
2.0 For bids received in case of postponement of Tender Opening Date (TOD) Insert the following clause in all NITs. “Tenders submitted against the NIT/ Tender shall not be returned in case
the tender opening date is extended/ postponed. Tenderers desirous to modify their offer/ terms may submit their revised/ supplementary offer(s) within the extended TOD, by clearly stating the extent of updation done to their original offer and the order of prevalence of revised offer vis-à-vis original offer. The employer reserves the right to open the original offer along with revised offer(s)”.
3.0 Retention of un-opened price bids with dealing officers: To retain all un-opened price bids in the custody of a separate section of the
respective division, entrusted to retain the bids confidentially and in tamper proof/ leak proof environment.
**********