KANDLA PORT TRUST

TENDER DOCUMENTS FOR Special Repairs to Over ground Tank at Water Tower-1 at New Kandla.".

Sr. Engineer (PL)

Pipeline Division, Annexe, A.O. Building, Ground Floor, Kandla Port Trust, Gandhidham (Kutch) 370201. Kutch District. Gujarat State. Telephone : (O) 02836 - 220013 Fax No. 02836-220050

INDEX
STANDARD GENERAL CONDITIONS FOR CIVIL CONTRACTS

DC 1 NIT

: :

Bid Reference Invitation for Bids Instruction to Bidders Forms of Bid, Qualification Information
Conditions of Contract and Special Conditions Forms of Securities

SECTION 1 : SECTION 2 :
SECTION 3 : SECTION 4 :

SECTION 5 : SECTION 6 :

Drawing Bill of Quantities

KANDLA PORT TRUST

DC: 1

COMPETITIVE BIDDING AGREEMENT NO: - _________ BID NO: - 19 / PL - 2012

NAME OF WORK : Special Repairs to Over ground Tank at Water Tower-1 at New Kandla.

PERIOD OF DOWNLOADING OF BID DOCUMENTS FROM TO LAST DATE AND TIME FOR RECEIPT OF BIDS *TIME AND DATE OF OPENING OF BIDS PLACE OF OPENING OF BIDS : DATE : DATE : : : 05/12/2012 28/12/2012 upto 15:00 hrs. 28/12/2012 28/12/2012 TIME TIME 14:30 HRS 16:00 HRS

CHAMBER OF SR. ENGINEER (PL), PIPELINE DIVISION, ANNEXE, A.O. BUILDING, GANDHIDHAM KUTCH (GUJARAT STATE).

__________________________________________________________________________ OFFICER INVITING BIDS Sr. Engineer (PL), KANDLA PORT TRUST

NOTICE INVITING ON LINE TENDER

Details about tender: Department Name Circle/ Division Civil Engineering Department Pipeline Division, A.O. Building, Gandhidham (Kutch)-370201. Tender Notice No. Name of Work Estimated Contract Value (INR) Period of Completion (in Months) Bidding Type Bid Call (Nos.) Tender Currency Type Tender Currency Settings Qualifying Criteria : Special Repairs to Over ground Tank at Water Tower-1 at New Kandla. Rs.24,55,116.00 & credit Part Rs. 63,410.00 4 Months Open One Single Indian Rupee (INR) 1. Average annual financial turnover during the last three years ending 31st March of the previous financial years, should be at least Rs 7.37 lacs. 2. Solvency certificate from bankers for Rs.9.82 lacs not older than six months as on the date of submission of the bid. 3. Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which applications are invited should be either of the following : i. Three similar completed works each costing not less than Rs.9.82 lacs. ii. Two similar completed works each costing not less than Rs.12.28 lacs. iii. One similar completed works each costing not less than Rs.19.64 lacs. 4. Similar Works mean, Building works, RCC works. 5. Bidders who meet the minimum qualification criteria will be qualified only if their available bid capacity is more than the total bid value. The available bid capacity will be calculated as under:

6. Assessed Available Bid capacity = A X N X 2 B, Where, N = Number of years prescribed for completion of the subject contract. A = Maximum value of works executed in any one year during last seven years (at current price level) B = Value at current price level of existing commitments and ongoing works to be completed in the next N years. The Bidder shall furnish statements showing the value of existing commitments and on going works as well as the stipulated period of completion remaining for each of the works preferably countersigned by the Nodal Office or his nominee-in charge. The contractor registered in KPT in Class of B-1 CATEGORY Building works will be considered and has to submit copy of registration letter. Not Allowed Applicable Rs. 500.00 FA & CAO, Kandla Port Trust, Gandhidham Rs. 24,551.00 FA & CAO, Kandla Port Trust, Gandhidham 05/12/2012 28/12/2012 UPTO 15:00 HRS 28/12/2012 UPTO 15:00 HRS 120 Days Demand Draft (DD)/ Bankers Cheque (BC)/ Pay Order (PO) for E.M.D. & tender fee shall be submitted in electric format only through on line (by scanning) while uploading the bid. This submission shall mean that E.M.D. & tender fee are received. Accordingly offer of those shall be opened whose E.M.D. & tender fee is received electronically. However for the purpose of realization bidder shall send the same in original to Senior Engineer (PL) at the time of tender opening or send the same through R.P.A.D. so as to reach to Sr. Engineer (PL), Pipeline Division, Annexe, A.O. Building Gandhidham (Kutch)-370201. within 7 days from the last date of opening. 5 7.

Joint Venture Rebate Bid Document Fee : Bid Document Fee Payable To: Bid Security/ EMD (INR) : Bid Security/ EMD (INR) In Favour Of : Bid Document Downloading Start Date Bid Document Downloading End Date Last Date & Time for Receipt of Bids Bid Validity Period Condition

Remarks

Submission of E.M.D. Tender Fee and other Documents during office hours : On date 03/01/2013 by R.P.A.D Speed post in the chamber of Sr. Engineer (PL), Pipeline Division, Annexe, A.O. Building Gandhidham (Kutch)370201. Phone: 02836- 220013 Technical Bid will be opened on 28/12/2012@ 16:00 Hrs. Date of submission and opening of price bid shall be notified after scrutiny & evaluation of Technical Bid.

Bid Opening Date

Documents required to be submitted by scanning through online

a. Documents in support of fulfilling qualifying criteria as indicated above. b. EMD in form of DD/ BC/ PO.

c. Tender fee Demand draft. d. As indicated in clause 4.7 of section 1 Instructions for tendering.

Officer- Inviting Bids: Bid Opening Authority : Address: Contract Details :

Sr. Engineer (PL), Pipeline Division, Annexe, A.O. Building, Gandhidham Kutch Senior Engineer (Pipeline) Sr. Engineer (PL), Pipeline Division, Annexe, A.O. Building Gandhidham (Kutch)-370201.. Phone: 02836- 220013

SECTION -1 INSTRUCTIONS TO BIDDERS

GENERAL
1. Scope of Bid
The Senior Engineer (Pipeline), Kandla Port Trust, invites bids by E-Tendering for the works " Special Repairs to Over ground Tank at Water Tower-1 at New Kandla. detailed in the table given in NIT. The bidders may submit on-line bids for the work detailed in the table given in NIT. 1.1 The successful bidder will be expected to complete the works by the intended completion date specified in the contract data.

2.
2.1

Source of Funds
The employer has arranged the funds from internal resources and will have sufficient funds in Indian currency for execution of the works.

3.
3.1 3.2

Eligible Bidders
The invitation for Bids is open to all eligible bidders meeting the eligibility criteria as defined in clause no .4 Government-owned enterprises may only participate if they are legally and financially autonomous, operate under commercial law and are not a dependent agency of the Employer subject to fulfilment of Minimum Qualifying criteria. Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the employer.

3.3

4.
4.1 4.2 4.3

Eligibility Criteria:
Average annual financial turnover during the last three years ending 31st March of the previous financial years, should be at least Rs 7.37 lacs. Solvency certificate from bankers for Rs. 9.82 lacs not older than six months as on the date of submission of the bid. Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which applications are invited should be either of the following:
ii. Three similar completed works each costing not less than Rs.9.82 lacs. ii. Two similar completed works each costing not less than Rs.12.28 lacs. iii. One similar completed works each costing not less than Rs.19.64 lacs.

4.4 4.5 4.6

Similar Works mean Construction of Buildings or R.C.C. works.

Bidders who meet the minimum qualification criteria will only be qualified. If service tax is applicable and reimbursement is required, the bidder has to submit the letter duly scanned indicating that rates are as service tax extra. The contractor registered in KPT in appropriate Class B-1 category building works will be considered and has to submit copy of registration letter.
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4.7

All bidders shall scan and forward the following information and documents with their bids. a. Copies of original documents defining the constitution or legal status, place of registration, and principal place of business, written power of attorney of the signatory of the Bid to commit the Bidder. b. Total monetary value of construction work performed for each of the seven years. c. Experience in works of a similar nature and size for each of the last seven years, and details of works underway or contractually committed, and Employers who may be contacted for further information on those contracts. d. Major items of construction equipment proposed to carry out the contract. e. PAN, Registration with Sales Tax, Service Tax, VAT, Provident Fund Authorities. f. EMD in approved form as prescribed under clause no .15. g. Information regarding any litigation, current or during the last five years, in which the Bidder is involved, the parties concerned, and disputed amount.. h. An undertaking to the effect that no change has been made in the tender document; and they have not been banned / de-listed by any reputed Organization in past

4.8

Even though the bidder meets the above qualifying criteria, they are subject to be disqualified if they have: Made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements: and/or Record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation history or financial failures etc,.

5.

One Bid per Bidder

5.1. Each bidder shall submit only one bid. A bidder who submits more than one Bid(other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the proposal with the Bidder's participation to be disqualified.

6.

Cost of Bidding

6.1 The bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will in no case be responsible and liable for those costs.

7.

Site Visit

7.1 The Bidder, at his own responsibility and risk is encouraged to visit and examines the site of works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the works. The costs of visiting the site shall be at the Bidders' own expense.

B.
8.

BIDDING DOCUMENTS
Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed in the below and addenda issued in accordance with clause-9: Invitation for Bids(NIT) SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 : : : : : : Instruction to Bidders Forms of Bid, Qualification Information Conditions of Contract and Special Conditions Form of Securities Drawing Bill of Quantities

8.2. The bidding documents shall be downloaded. The documents should be completely filled and submitted through on line Tendering process. 8.3 The bidder is expected to examine carefully all instructions, conditions of contract, contract data, forms, terms, technical specifications, bill of quantities, forms, drawings, annexure in the bid document. Failure to comply with the requirements of the bid document shall be at the bidder's own risk. Pursuant to clause 26 hereof, bids which are not substantially responsive to the requirements of the bid documents shall be rejected.

C. 9. 10.

PREPRATIION OF BID: Language of Bid

9.1 .All documents relating to the bid shall be in the English language.

Documents comprising the Bid

10.1 The bid submitted by the bidder shall comprise the following: A) Technical Bid: (i) Bid Security ii) Qualification information form and document (pursuant to clause 4 hereof) and any of the material required to be furnished and submitted by the bidder in accordance with these instruction.. B) Financial Bid : (i) Bill of Quantities duly filled and digitally signed by bidder.

11.
11.1

Bid Prices
The contract shall be for the whole works as described in sub clause 1.1 based on the priced Bill of Quantities submitted by the Bidder.

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11.2 The bidder shall fill in rates and prices for all items of the works described in the bill of quantities. Items for which no rate or price is entered by the bidder will not be paid by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities. 11.3 All duties, taxes, and other levies payable by the contractor under the contract, or for any other cause shall be included in the rates, prices and total Bid Price submitted by the bidder. 11.4 The rates and prices quoted by the bidder shall be fixed for the duration of the Contract and shall not be subject to adjustment on any account.

12. Currencies of Bid and Payment

12.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees.

13. Bid Validity

13.1 Bids shall remain valid for a period not less than 120 days after the deadline date for bid submission specified in clause 18. A bid valid for a shorter period shall be rejected by the Employer as non-responsive.
13.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may

request that the bidders may extend the period of validity for a specified additional period. The request and the bidders' responses shall be made in writing or by cable. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request will not be permitted to modify his bid.

14. Bid Security (Earnest Money Deposit-EMD)

A.

B.

C. D. E.

Earnest money Deposit (EMD) shall be Rs.24,551.00 to be submitted in form of Demand Draft/ Bankers Cheque/ Pay Order drawn in favour of Kandla Port Trust payable at Gandhidham. EMD in any other form shall not be accepted. EMD of unsuccessful bidders other than L1 and L2 be refunded immediately after ranking of price bids. Earnest Money of L2 be refunded immediately after entering in to agreement with L1 and acceptance of performance Guarantee from L1. EMD shall be refunded suo-motto without any application from the bidders. The Bid Security of the successful bidder will be discharged after he has signed the Agreement and furnished the required Performance Security. The Bid Security may be forfeited, if (a) The bidder withdraws the Bid after Bid opening during the period of Bid Validity; (b) The Bidder does not accept the correction of the Bid Price, (c) The successful Bidder fails within the specified time limit to (i) sign the Agreement or (ii) furnish the required Performance Security.

15. Alternative Proposals by Bidders

Conditional offer or Alternative offers will not be considered further in the process of tender evaluation.
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16. Format and Signing of Bid

The Price Bid to be submitted on-line shall be signed digitally by a person or persons duly authorized to sign on behalf the Bidders. The Bid shall contain no alternations additions, except those to comply with instructions issued by the Employer.

D.

SUBMISSION OF BIDS

17. Bidders who wish to participate will have to procure/ should have legally valid Digital Certificate, as per Information Technology Act-2000, using which they can sign their electronic bids. The bidders can procure the Digital Certificate from (n) code solutions a division of GNFC Ltd, who are licensed certifying authority by Government of India. All bids should be digitally signed. For details regarding Digital signature certificate and related matters, the below mentioned address should be contacted: (n) code Solutions, A Division of GNFC, 301 GNFC Infotower, Bodakdev, Ahmedabad. Tel. 91 79 26857316/17/18 Fax: 91 79 26857321 E-mail: nprocure@gnvfc.net Mobile: 9327084190 / 9898589652. The accompaniments to the tender documents as described under Clause 4.2 shall be Scanned and submitted On-Line along with Tender documents. However, the originals/ attested hard copies shall have to be forwarded subsequently so as to reach the office of Senior Engineer (Pipeline) within 7 days of opening of the tenders. The envelopes shall (a) be addressed to: The Sr. Engineer (PL), Kandla Port Trust, A.O. Building, Pipeline Division, Annexe, Ground floor, Gandhidham-Kutch PIN: 370201. Gujarat-State. (b) bear the following identification: Accompaniments for Special Repairs to over ground Tank at Water Tower-1 at New Kandla. -Bid reference No., -Name and address of the bidder.\

18. Deadline of Submission of the Bids

Technical Bids must be received by the Employer in On-Line System at website https://kpt.nprocure.com not later than 15:00 hrs. on 28/12/2012 in the event of the specified date for the submission of bids being declared a holiday by the Employer, the Bids will be received upto the appointed time on the next working day. The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 9, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline. At the time of submission of the tender document, the tenderer shall give an undertaking that no changes have been made in document. The uploaded version of the Port Tender Document will be treated as authentic tender and if any discrepancy is noticed at any stage between the Ports tender document and the one submitted by the tenderer, the conditions mentioned in the Ports uploaded document shall prevail. Besides, the tenderer shall be liable for legal action for the lapses.
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19. Late Bids

After the deadline prescribed in Clause 18 the bids can not be submitted in the On-Line System.

20. Modification and Withdrawal of Bids

Bidders may modify or withdraw their bids before the deadline prescribed in Clause 18. No Bid can be modified after the deadline for submission of Bids. Withdrawal or modification of a Bid between the deadline for submission of bids and the expiration of the original period of bid validity in Clause 13.1 above or as extended pursuant to Clause 13.2 may result in the forfeiture of the Bid security pursuant of Clause 14.

E. BID OPENING AND EVALUATION 21. Bid Opening

On the due date and appointed time the Employer will first open Technical bids of all bids received including modifications made pursuant to clause 20. In the event of the specified date for Bid opening being declared a holiday by the Employer, the Bids will be opened at the appointed time on the next working day. If any Bid contains any deviation from the Bids documents and / or if the same does not contain Bid security in the manner prescribed in the Bid documents, then that Bid will be rejected and the Bidder will be informed accordingly. All valid Financial Bids whose technical bids have been determined to be substantially responsive in accordance with Clause 23 hereof, shall be opened on the specified date from declaring the results of the Technical Bid.

22. Clarification of Bids

22.1 To assist in the examination and comparison of Bids, the Employer may, at his discretion, ask any Bidder for clarification of his Bid, including breakdown of unit rates. The request for clarification and the response shall be in writing or by cable, but no change in the price of substance of the Bid shall be sought, offered, or permitted. 22.2 Subject to sub-clause 22.1, no Bidder shall contact the Employer on any matter relating to his bid from the time of the bid opening to the time the contract is awarded. If the Bidder wishes to bring additional information to the notice of the Employer, he should send the same through on line system only. 22.3 Any effort by the Bidder to influence the Employers bid evaluation, bid comparison or contract award decisions, may result in the rejection of his bid.

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23. Examination of Bids and Determination of Responsiveness

Prior to detailed evaluation of Bids, the Employer will determine whether each Bid(a) has been properly digitally signed (b) meets the eligibility criteria defined in Clause 4 (c) is accompanied by the required Bid security and; (d) is responsive to the requirements of the Bidding documents. A substantially responsive Technical and Financial Bid is one which conforms to all the terms, conditions and specification of the Bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which effects in any substantial way the scope, quality or performance of the Works; (b) which limits in any substantial way, the Employers rights or the Bidders obligations under the contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting responsive Bids. If a Technical Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the nonconfirming deviation or reservation.

24. Evaluation and Comparison of Bids

The Employer will evaluate and compare only the Bids determined to be responsive in accordance with Clause 23. In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid price by adjusting discounts or other price modification offered in accordance with Sub Clause 20. If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer-in-charge estimate of the cost of work to be performed under the contract, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the implementation/construction methods and schedule proposed.

F. 25.

AWARD OF CONTRACT Award Criteria

The Employer will award the Contract to the Bidder whose Bid has been determined to be responsive to the Bidding documents and who has offered the lowest evaluated Bid Price, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of Clause 3 and (b) qualified in accordance with the provisions of Clause 4. The second bidder (i.e. L2) shall be kept in reserve and may be invited to match the bid submitted by the (L 1) bidder in case such bidder withdraws or is not selected for any reason.

26. Employers Right to accept any Bid and to reject any or all.
Notwithstanding clause 25, the Employer reserve the right to accept or reject any bid and to cancel the bidding process and reject all bids, at any time prior to the award of contract, without thereby incurring and liability to the affected bidder or bidders of the grounds for Employers action.
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27. Notification of Award and Signing of Agreement.

The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the Bid validity period by cable, telex or facsimile confirmed by registered letter. This letter will state the sum that the Employer will pay the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract. The notification of award will constitute the formation of the Contract subject to the furnishing of a performance security in accordance with the provisions of Clause 28. The Agreement will incorporate all correspondence between the Employer and the successful bidder. It will be signed by the employer and sent to the successful Bidder within 14 days following the notification of award along with the Letter of Acceptance. Within 21 days of receipt of L.O.A., the successful Bidder will furnish the performance security and sign the Agreement with the Employer. Upon the furnishing by the successful Bidder of the Performance Security, the Employer will promptly notify the other Bidder that his Bid have been unsuccessful and release the Bid security (EMD).

28. Performance Security

Security deposit shall consist of two parts; a) Performance Guarantee to be submitted at award of work, and b) Retention money to be recovered from Running Bills. 28.1 Security Deposit shall be 10% of Contract price of which 5% of contract price should be submitted as Performance Guarantee by Bank Guarantee, or Demand Draft within 21 days of receipt of letter of acceptance and balance 5% recovered as Retention Money from Running Bills. Recovery of 5% of Retention Money to commence from the first bill onwards @ 5% of bill value from each bill. Retention Money be refunded within 14 days from the date of payment of final bill. Balance SD to be refunded immediately not later than 14 days from completion of defect liability period. 28.2 Failure of the successful Bidder to comply with the requirements of Sub-Clause 29.1 shall constitute sufficient grounds for cancellation of the award of work and forfeiture of the Bid security.

29 Corrupt or Fraudulent Practices

29.1 The Employer requires that Bidders/Suppliers/Contractors under this contract, observe
the highest standard of ethics during the procurement and execution of this contract. In pursuance of this policy, the Employer: (a) defines, for the purpose of these provisions, the terms set forth below as follows:
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(i)

(ii)

Corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition. Will reject a proposal for award of work if he determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question. Will declare a Bidder ineligible, either indefinitely for a stated period of time, to be awarded a contract/contracts if he at any time determines that the Bidder has engaged in corrupt or fraudulent practices in competing for or in executing, the contract.

(b)

(c)

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SECTION 2

FORMS OF BID, QUALIFICATION INFORMATION

TABLE OF FORMS
1. 2. FORM OF BID AGREMENT FORM

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SPECIMEN FOR FORM OF BID

(To be executed on bidders letter head) To To The Sr. Engineer (PL) Kandla Port Trust Annexe, A.O. Building, Ground floor, Gandhidham Kutch Pin 370-201. Dist- Kutch (Gujrat) We, the undersigned, declare that: (a) We have examined and have no reservations to the tender documents, including addenda and clarifications issued vide . (b) we offer to execute the work in conformity with the tendering documents and in accordance with the delivery schedules specified in the schedule of requirements in accordance with the tender document bearing no ___________ (c) our tender shall be valid for the period of 120 days , from the date fixed for the tender submission deadline in accordance with [ITB Sub- clause 15.1] , and it shall remain binding upon us and may be accepted at any time before the expiration of that period or any extended period in accordance with [ITB Sub-clause 15.2]; (d) If our tender is accepted, we commit to submit a performance guarantee for the due performance of the contract, as specified in specimen form for the purpose. (e) No Joint Venture. (f) Our firm, its affiliates or subsidiaries- including any subcontractors or contractors for any part of the contract has not been declared ineligible by the port, under laws of India or official regulations in accordance with [ITB Sub-clause no.3.4] (g) We understand that this tender, together with your written acceptance thereof included in your notification of award, shall constitute a binding contract between us, until a formal contract agreement is prepared and executed in accordance with [ITB Sub-clause 29] and as per specimen from the purpose;

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I.

We understand that you are not bound to accept the lowest evaluated tender or any other tender that you may receive. We also make a specific note clauses of [ITB,NIT] under which the contract is governed.

II.

Signed: [insert signature of person whose name and capacity are shown] In the capacity of [insert legal capacity of person signing the form of tender] Name:[insert complete name of person signing the form of tender] Duly authorized to sign the tender for and on behalf of: [insert complete name of tenderer] Dated on____________ day of ______________, ____________(insert date of signing)

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SPECIMEN CONTRACT AGREEMENT

(to be executed on Rs.100%-non-judicial stamp paper) [the successful tenders shall fill in this form in Accordance with the instructions indicated] THIS CONTRACT AGREEMENT is made The[insert: number] day of [insert: month], [insert: year]

A G R E E M E N T This agreement made this __________________ day of _____________ between the Board of Trustees of the Port of Kandla, a body corporate under Major Port Trusts Act, 1963, having its Administrative Office Building at Gandhidham (Kachchh) (hereinafter called the Board, which expression shall unless excluded or repugnant to the context, be deemed to include their successors in office of the one part and M/s._________________________________________________ (hereinafter called the contractor which expression shall unless excluded by or repugnant to the context be deemed to include his / their heirs, executors, administrators, representatives and assigns or successors in office) of the other part.
Whereas the Board is desirous of carrying out the work of _____________________________________________________________ and whereas the contractor has offered to execute and complete such works at a total cost of Rs._____________. AND WHEREAS the contractor agreed to deposit the Security Deposit as follows for the due fulfilment of all the conditions of the contract. 1. 2. Rs.______ paid in the D.D. pay order / banker's cheque / Bank Guarantee towards 5% of Contract value as performance Guarantee. Balance amount towards S.D. of Rs.__________ being 5% of contract value to be recovered from work bills at the rate of 05% of the bill value from 1st R.A. bill onwards.

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 conditions of contract hereinafter referred to. 2. The following shall be deemed to form and to be read and construed as part of this agreement relating to the said work, viz. a. b. c. d. Notice Inviting Tender. (Page No.________ to _____) The tender submitted by the contractor including Schedule A & B (Page No. ______ to _______) General Rules and Directions for the Guidance of tenders. (Page No. _____ to _______) Schedule of Drawing (Page No._____ to ______)

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General and Special Conditions of the Contract (Page No._____ to _____) f. The specification, designs and method of construction (Page No._____ to _____) g. The schedule of items of work with quantities and rates. (Page No._____ to _____) h. Correspondences exchanged before the issue of letter of acceptance by which the conditions of contract are amended, varied of modified in any way by manual consent (to be enumerated) (Page No._____ to ______) i. Work order No._______ issued vide letter No.________ (Page No. ____ to _____) j. Additional drawings, specifications and written instructions when issued by or approved in writing by the Engineer-in-charge. (Page No.___ to _____) 3. The contractor hereby covenants with the Board to complete and maintain the said works to the satisfactions of the Board in conformity in all respects in accordance with the provision of the said Contract. 4. The Board hereby covenants to pay the Contractor in consideration of such work The Contract Price at the time and in the manner prescribed by the said Contract.
IN WITNESS whereof the parties here unto have set their hands and seals the day and year first above written signed and sealed by the contractor in the presence of :M/s.___________________ _______________________ ______________________ Witness (Name, signature, address) 1) _____________________ _____________________ 2) _____________________ _____________________ Signed, sealed and delivered by Chief Engineer on Behalf of the Board in presence of Chief Engineer (H.O.D.) Kandla Port Trust For and on behalf of the Board of Trustees of the Port of Kandla. Witness (Name, signature, address) 1) _____________________ _____________________ 2) _____________________ _____________________
H.O.D. & SE) common seal of the Board of Trustees of the Port of Kandla affixed in the presence of : Secretary

e.

Kandla Port Trust

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SECTION 3

SPECIAL CONDITIONS AND SPECIFICATIONS

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KANDLA PORT TRUST PIPELINE DIVISION SPECIAL CONDITIONS Name of Work :- Special Repairs to Over ground Tank at Water Tower-1 at New Kandla.

The provision in specials conditions, which form part of the contract, shall have precedence over those specified in general conditions in case of diversity, if any. The tender for the work shall remain open for acceptance for 06 (six) months period from the date of opening of the tender.
The work is to be carried out at New Port Colony. The item of dismantling RCC dome slab is to be executing with extra ordinary care as, it to be dismantled after casting a proposed dome slab over it. So special care is required to be taken so as the newly casted structure should not affected / loosen its strength. The tanks are one of the important and essential structure so far water storage is concern. Hence once the tanks handed over for repairs, contractor has to arrange and stack all the approved material at the site of work including required labours well in advance. As well as the tank will be handed over for works inside the tank, it shall be handed over back to KPT for storage of water at an earliest. Accordingly planning of all the activities shall be made simultaneously and if required the activities of work may be kept continued for round the clock with due permission of the Engineer in charge. The work once started cannot be stopped without intimation to Engineer-in-charge. Contractor will be allowed to work round the clock including Sunday / Holiday too. After completion of inside work, contractor has to wash the tank, cleaned it, remove all the materials, etc. as directed by Engineer-in-charge. The whole dismantled material i.e. debris etc.., are to be removed from tank only through the man holes, which are situated at the height of 5 to 6 mtrs. From the FFL of the tank. While quoting the rates this aspect may be kept in consideration. The glazed tiles to be fixed shall be with plane edges in state leveled edge. The water proofing chemical / compound shall be used of FOSROC/DR. FIXIT/PIDILITE approved by Engineer in charge @ 2% of the cement by weight. The details drawings and plans and all the particulates can be seen in the office of the Senior Engineer (PL) during the working hours.

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Before taking away the salvaged reinforcement, contractor shall deposit the amount quoted as per Credit Item No. 1 including taxes applicable in advance. The tenders with any conditions or enclosure are liable to be summarily rejected. Errors, over writings and corrections are not permitted in tender and, if any, shall be neatly scored out and duly attested. All the care shall be taken while dismantling the concrete work required to cast the dome slab without damaging the existing old structure. Extra support/ shuttering work shall be done to support the existing structure wherever found necessary at the cost of contractor and no claim whatsoever will be entertained in this regard. The tender documents submitted by the Contractor and correspondence exchanged between him and Kandla Port Trust authorities prior to acceptance of the Tender and thereafter shall form part of an agreement even though formal agreement duly signed is not executed. All the tools, tackles, ladders, plants etc.., required for the purpose of execution of the work will have to be arranged by the Contractor at his own cost. The pre-acceptance letter intimating the contractor about the proposed acceptance of tender will be issued by the Chief Engineer. The tender agreement, in approved foremate, bearing the stamp of the required value, shall be executed by the Chief Engineer on nonjudicial stamp paper of Rs.50/- which is to be born by the contractor. In case, the contractor required to have the duplicate copy of the acceptance letter, he shall have to pay an additional amount of Rs. 50/- only. The value of stamps to be affixed on agreement shall be of appropriate value prescribed for bond as per latest provision of law enforced on the date of executions, however, if the contractor furnishes GP notes or approved guarantee in respect of part of security deposit, the stamp duty chargeable for the amount shall be as prescribed for agreement payable in accordance with the latest provisions of law on the date of execution of the Contract. All the cost of stamp duty shall be borne by the Contractor. A site order book shall have to be maintained by the contractor at the site of work, order & instructions written in the order book shall be deemed to have been legally issued to the contractor and the contractor shall sign each entry in the book order as a token of having seen the same. The order book shall be the property of Board & shall be handed over to the Engineer-in-Charge of the work in good condition on the completion of the work whenever required supervisory staff and Engineer-in-charge.

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All the labour acts, rules etc.., the contractor shall strictly follow regulations in force from time to time. The contractor has to got registered with the Assistant Labour Commissioner (Central), Adipur prior to commencement of the work, in case he intends to engage 10 or more labour on any day. Necessary Indian Dock Safety regulations for the safety purpose shall adhere to by the contractor and he will be held responsible for any violations of the same. FORCE MAJURE: This will be restricted to natural calamities and acts of God only.

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The Contractor shall have to obtain quarry permits from the office of the Geologist, Departments of Mines and Minerals, Bhuj before quarrying secondary materials like sand, metal etc.

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The contractor shall have to bring collect and stack the required materials from the approved quarry. These materials shall be free from foreign matters and got approved from the Engineer in charge before putting them into use.
The contractor shall not deposits materials at such places that may causes incontinence to the public & the work going on the nearby area.

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All the materials required to be used in the work shall have to be got approved from the Engineer in charge before use. Rejected materials or unwanted shall not be stacked at the site of work. For casting of c.c. cubes, either the contractor has to arrange his own moulds or he can get (subject to the availability) the same from the Port laboratory on depositing an amount of Rs. 400/- for each mould which is refundable. No hire charges will be charged for the moulds from the contractor for the actual period of concreting for RCC works. However, the mould taken from the Port laboratory will have to be maintained properly at site, returned to the port laboratory in good conditions within seven days of last concreting. For the late return of cube moulds. Rupee one for each mould per day will be charged. The contractor shall arrange to supply samples of coarse aggregates and fine aggregate etc. to the port laboratory for mix design for concreting works. The Mix design charges shall be borne by the contractor. Mixing of cement concrete work shall be on weigh batching basis as per approved mix design. For better workability, contractor is free to use plasticizers / super plasticizer without any extra cost. Maximum water cement ratio shall be 0.50 and slump shall be as per the table below. The minimum cement content shall be 370 kg/m3 for M-30 grade of controlled cement concrete.

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Slump of concrete for various structure: Sr. No. 01. 02. 03. Name of concrete work Footing/foundation Wall, post etc.., Slab/RCC work Slump required M-30 50 mm 50 mm 60 mm

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The cube shall be brought to Port Laboratory Kandla for testing and test result shall confirm to IS 456 (latest edition). Testing charges of the cubes for 28 days test only shall be borne by the contractor. If the result is not satisfactory, the concrete work will have to be dismantled and redone by the contractor at his own cost.

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The concrete to be used for RCC works shall be made of two graded machine crushed trap stone metal. Mechanical appliances such as concrete mixer, vibrate etc.., shall be used for mixing and consolidation on concrete. Concrete cover blocks with binding wire shall be used in all RCC works of standard size as directed by the Engineer in charge. C.C. Cover blocks should be well cured for at least 07 days before use. No, extra cement, labour etc. will be paid for casting C.C. Cover blocks. No stones or Kapchi will be allowed for covering purpose of concrete. The steel or plywood formwork shall be used for RCC/CC work and thin plastic sheet shall be laid over existing dome before concreting. During the execution of work the contractor shall employ only such persons who are careful, skilled and experienced in their service trades. The Engineer in charge shall be at liberty to object and ask the contractor to remove, from the work any person employed by the contractor in the opinion of Engineer in charge, misconduct or he is negligent, in the proper performance of his duties and such person shall not be again employed in the work without the permission of Engineer in charge. The Engineer-in-charge will be entitled to deduct or adjust any sums of money payable by the Contractor to the board under the terms of any contract executed by him or on his behalf from the security deposit of from any sums that become due from the present contract. During the execution of the work dewatering if required same shall be done either manually or pumping by the contractor at his own cost. All the work shall be done strictly in accordance with specifications, latest IS codes in practice for different building trades, in addition to the specifications given in Schedule "B", approved plan and instructions issued by the Engineer in charge. For purpose of measurement the method prescribed in the IS method of measurements of the building work shall be applicable unless stated otherwise stated in contract. In case of ambiguity the decision of the Engineer in charge shall be final. The notes & data furnished in Kandla Port Trust Schedule of rates in force will be considered for the measurement purpose in the case of various materials as regards to the weight of materials and allowance of voids covering capacity etc.., for materials. All the works comprised in this contract until handed over to the Engineer in charge shall stand at the risk of contractor who shall be responsible to make good at his own cost all the losses and damages caused by or due to fire weather, tides or any other reasons. Finally after satisfactory completion of the work, the same shall be handed over to the Engineer in charge in good conditions as per the conditions of the contract.

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Income tax deduction at prevalent rate and surcharge as applicable thereon shall be made while making the payment to contractor for carrying out the said work and only net amount shall be paid for as directed by the Central Board of Direct Taxes, Ministry of finance, Government of India. Any other tax or sales tax turn over composition money payable on the turnover of sale of good involved in execution of work shall be borne by the contractors above and the Port Trust shall not bear any financial liability in this account what so ever. The rates quoted shall be firm and not subject to variation due to amendment and sales tax levied or otherwise by the Central / State Government or any local authority etc. In accordance with Circular No: Guj/10 (K)/97-98/outward 1009/579 dated 17/5/97 and amendment in connection with Gujarat Sales Tax Act 1969 (Gujarat Act. No.15 of 1997) issued by the Sales Tax Commissioner, Gujarat State, Ahmedabad, Kandla Port Trust will deduct at source Sales Tax to 2% (Two Percent) of gross amount of bill from each running bill and final bill of works contract, if its total amount exceeds Rs. 1.00 Crore (Rupees One Crore only) Rules framed under Gujarat Sales Tax Act and amended from time to time shall be applicable. In case of damage in the rate of S.T., the applicable rate shall be implemented. The tenderer should quote the Service Tax separately in Schedule-B, the same will be reimbursed on production of documentary evidence of payment made to S.T. Authority. However, S.T. will not be considered for evaluation purpose. The Bank Guarantee submitted in lieu of Security Deposit etc. must be from any Nationalized bank or Scheduled bank having its branch at Gandhidham Kutch. The bidder shall give an undertaking that they have not made any payment or illegal gratification to any person / authority connected with the bid process so as to influence the bid process and have not committed any offence under the PC act in connection with the bid. The bidder shall disclose any payment made or proposed to be made to any intermediaries / agents etc.., in connection with the bid. Dismantled manhole covers and ventilators salvaged vide Item No. 14 shall be deposited back at the sub store of the water supply section. Special Conditions in respect of Cement. 1. The contractor shall procure the cement confirming to relevant Indian Standard of approved Brands of reputed manufactures holding license to use ISI Certification mark for their product. 2. For verifications of such purchase all the bills of manufacturer/supplier/dealer will have to be furnished to the Engineer in-charge.

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3. Supply of cement shall be taken in 50 kg bags bearing manufactures name, his registered trade mark, date of manufacture, batch number and ISI marking. 4. Every consignment of cement must have identification marks on packages indicating date of manufacture and grade and type of cement. Cement brought to works shall not be more than 6 weeks old from the date of manufacture. 5. Every delivery of cement shall be accompanied by a manufacturers test certificate conforming that the supplied cement conforms to relevant specifications. 6. Engineer-in-Charge shall be at his liberty to carry out testing of cement at his discretion from Port laboratory as per I.S. 269-1989 before use. The contractor shall make all the necessary arrangements for same all charges towards shall be borne by the contractor only. 7. Each consignment shall be stored separately so that it can be readily identified and inspected. The arrangement of cement shall be such as to ensure the utilization of cement in the order of its arrival at the stores 8. Cement brought to site and cement remaining unused shall not be removed from site without the permission of the Engineer in Charge. 9. Minimum cement consumption of various items shall be considered as per coefficient of cement as mentioned in the latest SOR of KPT and amendments there on. 53. Special Conditions in respect of Steel Reinforcement. 1. The contractor shall procure the steel reinforcement confirming relevant Indian standard 1786 of various diameters from approved manufactures holding license to use ISI Certification for their product from manufacturer/supplier/dealer. In any circumstances, steel reinforcement produced by re-rolling mills shall not be allowed to use in the work. 2. Every delivery of Steel reinforcement shall be accompanied by a manufacturers test certificate conforming that the supplied Steel reinforcement conforms to relevant specifications. 3. For verifications of such purchase all the bills of manufacturer / supplier/dealer Will have to be furnished to the Engineer in-charge. 4. The contractor shall have to procure the steel reinforcement of various sizes/diameters as per the working drawings, which shall be supplied only during execution of the work. No claims/disputes arising about details of steel reinforcement so provided shall be entertained .In case, if particular size(s) of steel reinforcement is not available with the approved manufacturers, the contractors shall have to intimate the Engineer-in-charge in writing along with documentary proof in this regard. Engineer-in-charge, at his discretion, may allow to use alternate diameter of reinforcement bars provided that no claims/disputes arising out in respect of payment for difference in rate of steel shall be entertained.
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5. Engineer-in-Charge shall be at liberty to carry out independent testing of steel reinforcement at his discretion from any of Government Approved laboratory as per relevant I.S. specifications before use. The contractor shall make all the necessary arrangements for same and all the charges to be borne by the contractor. 6. The contractor shall procure the steel reinforcement bars of standard length as per relevant I.S. 7. Steel reinforcement which remaining unused shall not be removed from site without the permission of the Engineer in Charge. 8. Payment for steel reinforcement shall be made on the basis of lengths of bars actually placed & measured in the work multiplied by the standard weight per unit length as given in the relevant IS code. The rates shall include for cutting & wastage, straightening, short &long length, & weight tolerance as per relevant IS codes & placing in position. Authorized laps, chair /separators, lifting hooks stiffening ring shall be measured and paid.

Contractor

Sr. Engr. (PL) Kandla Port Trust

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SECTION 4

FORMS OF SECURITIES AND OTHER FORMATS

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FORMS OF SECURITIES AND OTHER FORMATS

Acceptable forms of securities are annexed. Bidders should not complete the performance and advance payment security forms at this time. Only the successful bidder will be required to provide performance and advance payment securities in accordance with one of the forms, or in a similar form acceptable to the employer.

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FORM OF PERFORMANCE GURANTEE / SECURITY DEPOSIT To The Board of Trustees of the Port of Kandla Kandla Port Trust Administrative Office Building Post Box No.50 Gandhidham (Kachchh) In consideration of the Board of Trustees of the Port of Kandla, a body corporate under the Major Port Trust Act, 1963 (Act no.38 of 1963) hereafter called the Board having agreed to exempt M/s._____________________________________(hereinafter called the Contractor(s)) from the demand, under the terms and conditions (including any amendments/s or alternatives or addition/s made from time to time with mutual consent) of the agreement (hereinafter called the agreement) No.___________________________dated _________________ executed between Board and M/s._____________________________________(hereinafter called the said Agreement) of security deposit for the due fulfilment by the said Contractors(s) of the terms and conditions contained in the said Agreement, on production of Bank Guarantee for Rs.___________(Rs.___________________________________________________) (indicate the name of Bank).(Hereinafter referred to as The Bank) at the request of ___________________(Contractors(s) do hereby undertake to pay to the Board an amount of not exceeding Rs._______________ on demand. 2. We __________________ do hereby undertake to pay __________ (Indicate the name of Bank) the amounts due and payable under this guarantee without any demur, merely on a demand from the Chairman stating that the amount claimed is required to meet the recoveries due or likely to be due from the said Contractors(s). Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount of not exceeding Rs._________________ 3. We undertake to pay to the Board any money so demanded notwithstanding any dispute or disputes raised by the contractors(s) in any suit or proceeding pending before any Court of Tribunal relating thereto, out liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment hereunder and the Contractors(s) shall have no claim against us for making such payment. 4. We _________________ (indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Board under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till engineer-in-charge on behold of the Board certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractors(s) and accordingly discharges this guarantee. 5. We____________________ (indicate the name of Bank) further agree with the Board that the Board shall have the fullest liberty without our concern and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Contractors(s) from the time to time or to postpone for any time or from time to time any of powers exercisable by the Board against the said Contractors(s) and to forbear or enforce any of the terms and condition relating to the said Ag4reeemnt and we shall not be relieved from out liability by reason of any such variation. Or extension being granted to the said Contractors(s) or for any forbearance, act or omission on the part of the Board or any indulgence by the Boa5d to the said Contractors(s) or by any such matter of thing whatsoever which under the law relating to sureties would but for this provision, have effect or so relieving us. 32

5. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractors(s) 6. We________________ lastly undertake not to revoke this guarantee except with the previous consent of the Board in writing. 7. This guarantee shall be valid up to _______________ unless extended on demand by Board. Notwithstanding anything mentioned above, our liability against his guarantee is restricted to Rs._________________(Rupees___________________________) and unless a claim in writing is lodged with us by the Chairman within six months of the date or expiry or the extended date of expiry of this guarantee, all our liabilities under this guarantee shall stand discharged. Dated the _______________ day of for (indicate the name of Bank.)

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SPECIMEN FORMAT FOR DECLARATION

(To be executed on bidders letter head)
To (Project Title) Ref: The undersigned, having studies the pre-qualification submission for the above mentioned project, hereby states: (a) The information furnished in our bid is true and accurate to the best of my knowledge. (b) That in case of being pre-qualified, we acknowledge that the Employer may invite us to participate in due time for the submission of tender on the basis of provisions made in the tender documents to follow. (c) When the call for tenders is issued, if the legal, technical or financial conditions, or the contractual capacity of the firm or joint venture changes, we commit ourselves to inform you and acknowledge your sole right to review the pre-qualification made. (d) We enclose all the required pre-qualification data format and all other evaluation. (e) We also state that no changes have been made by us in the downloaded tender document and also understand that in the event of any discrepancies observed, the printed tender document No. ________ is full and final for all legal/contractual obligations (delete if not required]. Date: Place: Name of the Applicant:

___________________________ ___________________________

Represented by (Name & Capacity) ___________________________ ___________________________

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SPECIMEN LETTER OF AUTHORITY FROM BANK

FOR ALL BGs (To be executed on Banks Letter Head)
Date: To, The Board of Trustees of Port [insert port], Dear Sir, Sub: Our Bank Guarantee No._______________________ dated__________ for Rs._________ favouring yourselves issued on a/c of

M/s.____________________________________ (Name of contractor) We confirm having issued the above mentioned guarantee favouring yourselves, issued on account of M/s. ________________________validity for expiry upto date__________and claim expiry date upto__________________ We also confirm 1)

_________________ 2) ___________________________ is/are empowered to sign such Bank Guarantee on behalf of the Bank and his/their signatures is/are binding on the Bank.

Name of signature of Bank Officer

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SPECIMEN LETTER OF AUTHORITY FOR SUBMISSION OF BID

(To be executed on Rs.100/- non Judicial Stamp Paper)

To The

Dear Sir, We-------------------------------------------------------------------------------------------- do hereby confirm that Shri . (Name, designation and Address) is/are authorized to represent us to bid, negotiate and conclude the agreement on our behalf with you against tender no. --------------and his specimen signature is appended here to ..

We confirm that we shall be bound by all and whatsoever our said signatory shall commit. We understand that the communication made with him by the Employer/Board shall be deemed to have been done with us in respect of this Tender.

[specimen signature]

Yours faithfully,

Signature: Name & Designation: For & on behalf of:

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Annexure II
Bank Payment Agreement Form : (to be collected from the Parties) 1. 2. 3. 4. 5. 6. Name of Party Account No. Branch Name IFSC Code of the Bank MICR Code Accepted for :::: - NEFT Payment or RTGS Payment ::-

DECLARATION BY THE PARTY :-

I / We hereby declare that the above information furnished by me is correct and KPT is requested to pay my / our dues to this Account for this Work / Supply Order is concerned.

Signature of the Party With the seal

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SECTION 5 DRAWING

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SECTION 6 BILL OF QUANTITIES

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