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IRCON INTERNATIONAL LIMITED

(MINISTRY OF RAILWAYS)

e-Tender Document
For
Supply, Erection, Testing & Commissioning & Other associated works including
fabrication, complete in all respect for construction/ Modification/ Relocation of
Electrical utility of 33KV & below Power lines for Dedicated Freight Corridor
(Vaitarana Sachin section of Western DFC Phase-2) for CTP-12 Project (Package -
Gujarat).

TECHNICAL BID

December- 2019

Single Packet System - Limited

e-Tender No: IRCON/3018/DFCCIL-CTP-12/e-Tender/BL/Utility Shifting/08-245

IRCON INTERNATIONAL LIMITED


(A Govt. of India Undertaking)
C-4, DISTRICT CENTRE, SAKET,
NEW DELHI-110017
PHONE: +91-11-29565666; FAX:+91-11-26522000,26854000
E-mail: info@ircon.org ; Web: www.ircon.org
CIN: U45203DL1976GOI008171

Site Office: - Project office:


Chief General Manager General Manager
Ircon International Limited Ircon International Limited
Plot no. 1/7/2, Vaishnav Nagri, Behind Andheshwar Mandir,
Nr. Ayappa Temple, Atul- Parnera Road, Near Railway crossing,
Parnera, Distt. Valsad, Taluka Gandevi, Amalsad,
Gujarat- 396001 Gujarat - 396310
Contact no.: 91+9596653030
Email: ircon.3018@ircon.org

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e BID CONTENTS
SN SECTION DESCRIPTION PAGES
FROM TO
1 Section 1 Notice Inviting e-Tender 3 11

2 Section 2 Form of Bid 12 13

3 Section 3 i.Instructions to Tenderers, 14 46


ii.Annexures & Formats
4 Section 4 Appendix to Tender 46 47

5 Section 5 Special Conditions of Contract, 48 75


Annexures & Formats
6 Section 6 General Conditions of Contract 76
dated 29.08.2019) (A Separate Booklet is uploaded
in the website
https://www.etenders.gov.in/epr
ocure/app )
7 Section 7 Safety, Health, Environment 77
Specifications (A Separate Booklet is uploaded
in the website
https://www.etenders.gov.in/epr
ocure/app )
8 Section 8 Technical Specifications (General 78
& Particular) (A Separate Booklet is uploaded
in the website
https://www.etenders.gov.in/epr
ocure/app )
9 Section 9 Technical Drawing 79
(A Separate Booklet is uploaded
in the website
https://www.etenders.gov.in/epr
ocure/app )
10 Section 10 Bill of Quantities / Schedules 80-81
(BOQ/Schedules) (A Separate Booklet is uploaded
in the website
https://www.etenders.gov.in/epr
ocure/app )

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SECTION - 1
NOTICE INVITING e-TENDER

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IRCON INTERNATIONAL LIMITED
(A Govt. of India Undertaking)
No: IRCON/3018/DFCCIL-CTP-12/e-Tender/BL/Utility Shifting/08-245 Dated
:13/05/2019

Express Freight Consortium (Consisting of Mitsui & Co., Ircon International


Limited & TATA Projects Ltd) have been awarded the work “Design and
construction of civil, building and track works for double line Railway involving
formation in embankments/ cuttings, bridges, structures (excluding civil works
for 50 bridges already under execution and 02 bridges across rivers Damanganga
and Par, and formations in embankments/ cuttings and structures in their
approaches on both sides), buildings, Boulder on formation, track works (including
track works on 50 bridges already under execution and on 02 bridges across
rivers Damanganga and Par, and on formations in embankments/ cuttings and on
structures in their approaches on both sides) including testing and commissioning
on design-build lump sum price basis for VAITARANA - SACHIN section of
western dedicated freight corridor phase-II (CTP-12)”, (hereinafter referred to as
CTP-12) by Dedicated Freight Corridor Corporation India Limited (DFCCIL). It has
been decided that Ircon International Limited shall execute the work for CTP: 12 on
behalf of consortium.
IRCON International Limited, a Government of India Undertaking of Ministry of
Railways, invites bid on prescribed form for CTP-12, Supply, Erection, Testing &
Commissioning & Other associated works including fabrication, complete in all
respect for construction/ Modification/ Relocation of Electrical utility of 33KV
& below Power lines for Dedicated Freight Corridor (Vaitarana Sachin section
of Western DFC Phase-2) for CTP-12 Project (Package - Gujarat).
.
NOTICE INVITING e-TENDER

DATE SHEET

1. Publishing Date : 16.12.2019 10:00 Hrs


2. Bid Document Downloaded/Start Date : 16.12.2019 11:00 Hrs
3. Clarification Start Date : 16.12.2019 15:00 Hrs
4. Clarification End Date : 20.12.2019 18:00 Hrs
5. Pre-bid Meeting Date : - -
6. Bid Submission Start Date : 23.12.2019 12:00 Hrs
7. Bid Submission End Date : 30.12.2019 15:00 Hrs
8. Bid Opening Date : 31.12.2019 15:30 Hrs

1.0 General Manager, IRCON INTERNATIONAL LIMITED, Behind


Ankeleshwar Mandir Near Railway Crossing,Taluka Gandevi Amalsad Gujarat
Pin 396310, e-Mail: ircon.3018@ircon.org Contact Number: 91+
9596653030 invites online bids in Single Packet System (Limited) on prescribed
forms from bonafide firms/companies having requisite experience and financial
capacity for execution of the work detailed in the table given below. The bidder is
advised to examine carefully all instructions including addendum/corrigendum’s,

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condition of contract, data, forms, terms, technical specifications and Bill of quantities
(BOQ) in the bid document.

Sl. Name of Work Estimated Cost Earnest Completion


No. (Including GST) Money (Rs.) Period
1 Supply, Erection, Testing &
Commissioning & Other
associated works including Rs. 2,80,45,630.00 3,80,500.00 06 Months
fabrication, complete in all from the date of
respect for construction/ issue of LOA
Modification/ Relocation of
Electrical utility of 33KV &
below Power lines for
Dedicated Freight Corridor
(Vaitarana Sachin section of
Western DFC Phase-2) for
CTP-12 Project (Package -
Gujarat).

2.0 Website https://www.etenders.gov.in/eprocure/app may be referred for


detailed terms and conditions of the bidding documents, which is available on
line. Amendments/Corrigendum/Addendum, if any, would be hosted on the
website only.

3.0 ELIGIBILITY CRITERIA


Eligibility of the applicants shall be assessed based on the “Essential
Qualifying Criteria” as given in Annexure-V to “Instructions to Tenderers”.

4.0 Accessing/ Purchasing of Bid Documents

4.1 The complete Bid Document can be viewed / downloaded from the e-
Procurement portal i.e. https://www.etenders.gov.in/eprocure/app free of
cost.

4.2 Help for contractors, FAQ, information about DSC and bidders manual kit
containing the detailed guidelines for e-procurement system are also
available on Central Public Procurement Portal.

4.3 It is mandatory for all the bidders to have class-III Digital Signature
Certificate (in the name of person having power of attorney to sign the Bid)
from any of the licensed Certifying Agency (Bidders can see the list of
licensed CA’s from the link www.cca.gov.in) to participate in e-Procurement
of IRCON.
4.4 It is mandatory for the bidders to get their firm/company registered with e-
procurement portal https://www.etenders.gov.in/eprocure/app to have user
ID & password
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4.5 Tender documents will be available online on website
https://www.etenders.gov.in/eprocure/app from Date 16.12.2019 (11:00
Hrs) which can be downloaded free of cost till the last date and time of
submission of tender. However, to participate in the online bidding process,
bidders are required to pay a non-refundable fee of Rs. 10,000/- (Rupees
Ten Thousand Only) towards the cost of one set of tender document
through NEFT or RTGS only in IRCON’s e-Procurement bank account no.:
007620110001609 RTGS/IFSC code: BKID0002900 at Bank Of India,
Valsad Branch, Valsad (396001), in favour of “IRCON INTERNATIONAL
LIMITED” payable at Valsad.

5.0 Instruction to bidders for online bid submission on the e-procurement


portal https://www.etenders.gov.in/eprocure/app.
Bidders may downloaded and refer the “Instruction for online bid submission
from
(https://etenders.gov.in/eprocure/app;jsessionid=F90A7689A0BF87EF35B88
D2CA57C6FD4.cppsugep2?page=StandardBiddingDocuments&service=pag
e).

6.0 Pre-bid meeting- Nil


6.1 A pre-bid meeting of the interested prospective bidders shall be convened on
--------------at 12:00 Hours in the office of Chief General Manager/Civil,
IRCON INTERNATIONAL LIMITED, Plot No. 01/07/02, Vaishnav
Nagari, Atul Parnera Road, Near Ayyappa Temple, Valsad Pin 396001,
e-Mail: ircon.3018@ircon.org Contact Number: 91+ 9596653030.

6.2 The purpose of the pre-bid meeting is to clarify issues and to answer questions
on any matter that may be raised.

6.3 The bidder is requested to submit his queries in writing (or via email to
ircon.3018@ircon.org) so as to reach this office not later than one week
before the meeting.

6.4 Any prospective bidders desirous of attending the pre bid meeting shall send a
letter of authority on its letter head specifying the name and designation of the
person who will be attending the pre bid meeting on its behalf to the Chief
General Manager, IRCON INTERNATIONAL LIMITED, Plot No.
01/07/02, Vaishnav Nagari, Atul Parnera Road, Near Ayyappa Temple,
Valsad Pin 396001, e-Mail: ircon.3018@ircon.org Contact Number: 91+
9596653030. Any such letter of authority shall reach IRCON at least three
days before the date of pre-bid meeting.
7.0 IRCON may issue addendum(s)/corrigendum(s) to the tender documents. In
such case, the addendum(s)/corrigendum(s) shall be issued and placed on
website https://www.etenders.gov.in/eprocure/app at any time before the
closing time of tender. The tenderers who have downloaded the tender
documents from website must visit the website and ensure that such

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addendum(s)/corrigendum(s) (if any) is also downloaded by them. This shall
be the responsibility of the prospective registered bidders to check the web
site for any such corrigendum/addendum at the time of closing time of tender
and ensure that bid submitted by them are in accordance with all the
corrigendums/addendums. Suitable time extension (not less than 3 days
beyond the date of last amendment) for submission of bids will be granted.
8.0 The tender documents shall be submitted online on or before 15.00 Hrs. on
30.12.2019 in the prescribed format given on the websites and technical bids
received online shall be opened at 15.30 Hrs on 31.12.2019. No other mode
of submission is acceptable. Detailed credentials as per the requirement of
eligibility criteria and all tender papers except Bill of Quantities are to be
submitted in “Technical Bid”. Bill of Quantities with rates duly filled in are
to be submitted in the format provided online in the name of “Financial Bid”.
Hence, physical submission of the documents is limited to submission of
original Earnest Money Deposit in the form of Pay Order/ Demand Draft /
Fixed Deposit Receipt / Bank Guarantee as per provision given in sub-clause
9.1 of Instructions to Tenderers. Representative of the bidder, who chooses to
attend, may attend the online opening of the technical bids on 31.12.2019 at
15:30 Hrs. at the office of Chief General Manager/PH/Mumbai, IRCON
INTERNATIONAL LIMITED, Plot No. 01/07/02, Vaishnav Nagari, Atul
Parnera Road, Near Ayyappa Temple, Valsad Pin 396001, e-Mail:
ircon.3018@ircon.org Contact Number: 91+ 9596653030 office address
mentioned above, on production of letter of authority issued in his name by
the bidder on his letter head.

9.0 Bidders cannot submit the tender after the due date and time of e-bid
submission. Time being displayed on Central Public e-procurement portal
https://www.etenders.gov.in/eprocure/app (“Server System Clock
Time”) shall be final and binding on the bidder. E-bids are required to be
submitted by bidders, only as per the Indian Standard Time (IST) and not the
time as per their location/country.

10.0 The bidders are advised to submit their e-bids well before the e-bid due date.
IRCON shall not be responsible for any delay in submission of e-bids for any
reason including server and technical problems.
11.0 The Technical and Financial Bid shall be digitally signed by the Authorized
Signatory of the bidder & submitted “on-line” only. The authorized signatory
of the bidder must be in possession of Power of Attorney before submitting
the digitally signed bid. Scanned copies of various documents can be prepared
in different file format (PDF, JPEG).

12.0 Tender shall be submitted as per “Instructions to Tenderers” forming a part


of the tender document.
13.0 Any tender received without Earnest Money in the form as specified in
tender documents shall not be considered and shall be summarily
rejected.

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14.0 IRCON reserves the right to cancel the tenders before submission/opening of
tenders, postpone the tender submission/opening date and to accept/reject any
or all tenders without assigning any reasons thereof. IRCON’s assessment of
suitability as per eligibility criteria shall be final and binding.
15.0 Tenderers may note that they are liable to be disqualified at any time during
tendering process in case any of the information furnished by them is not
found to be true. EMD of such tenderer shall be forfeited. The decision of
IRCON in this regard shall be final and binding.

16.0 IRCON reserves the right to pre-qualify the bidder (s) provisionally based on
the documents submitted by them and open financial bid(s) subject to their
final verification. In the event of any document being found false, the
provisional qualification shall stand withdrawn, and the next lower bidder
shall automatically come to the position of such disqualified bidder. Action
against such disqualified tenderers shall be taken as per above clause no. 15.0
of Notice Inviting Tender.

17.0 The validity of the offer shall be 90 (Ninety) days after the date of opening
of the tender.

18.0 Purchase Preference Policy for Micro and Small Enterprises (MSEs)
Registered Firms: Not applicable for this tender.

19.0 Following tender conditions on Make in India shall be applicable for tenders
valuing more than ₹ 5 Lacs.

19.1 In procurement, where there is sufficient local capacity and local competition and
where the estimated value of procurement is ₹ 50 Lacs or less, only local
vendors* shall be eligible. If the estimated value of such procurement is more
than ₹ 50 Lacs, the provision of following clauses/sub-clauses 19.3.1 and 19.3.2,
as the case may be, shall apply.
* (Local vendors means a supplier or service provider whose product or service
offered for procurement meets the minimum local content as prescribed under the
order of Ministry of Commerce and Industry, Department of Industrial Policy and
promotion or by the competent Ministries/Departments in pursuance to his order.)

19.2 Bidders (manufacturer or principal of authorized representative) who have a


valid/approved ongoing “Make in India” agreement / Program and who while
meeting “Essential Qualifying Criteria” as given in Annexure V to “Instruction to
Tenderers”, would also be considered to be qualified provided:

i. Their foreign “Make in India” associates meets “Essential Qualifying


Criteria” as given in Annexure-V to “Instruction to Tenderers” without
exemption, and

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ii. The bidder submits appropriate documentary proof for a valid/approved
ongoing “Make in India” agreement /program.
iii. The bidder (manufacturer or principal of authorized representative)
furnishes along with the bid a legally enforceable undertaking jointly
executed by himself and such foreign Manufacturer for satisfactory
manufacture, Supply (and erection, commissioning if applicable) and
performance of ‘The Product’ offered including all warranty obligations as
per the general and special conditions of contract.

19.3 In the procurement not covered by sub-clause 19.1 above, and which are divisible/
split able in nature, the following procedure shall be followed:

19.3.1 Among all qualified bids, if the lowest bid (L1) is from a local vendor, the contract
for full quantity will be awarded to L1.

19.3.2 If L1 bid is not from a local vendor, 50% of the order quantity shall be awarded to
L1. Thereafter, the lowest bidder among the local vendors, will be invited to
match the L1 price for the remaining 50% quantity subject to the local vendor’s
price failing within the purchase preference margin of (L1 + 20%), and contract
for that quantity shall be awarded to such local vendor subject to matching the L1
price. In case such lowest eligible local vendor fails to match the L1 price or
accepts less that the offered quantity, the next higher local vendor within the
purchase preference margin of (L1 +20%) shall be invited to match the L1 price
for remaining quantity and so, on, and contact shall be awarded accordingly. In
case some quantity is still left uncovered on local venders, then such balance
quantity may also be ordered on the L1 bidder.

19.4 In procurement not covered by sub-clause 19.1 above and which are not divisible
and such procurement where the bid is evaluated on price alone, the following
procedure shall be followed:

19.4.1 Among all qualified bids, if the lowest bid is from a local vendor (L1), the
contract will be awarded to L1.

19.4.2 If L1 is not from a local vendor, the lowest bidder among the local vendors, will
be invited to match L1 price subject to local vendor’s quoted price failing within
the purchase preference margin of (L1 + 20%), and the contract shall be awarded
to such local vendor subject to matching the L1 price.

19.5 The local vendor at the time of tender shall provide self-certification that item
offered meets the minimum local content and shall give details of the location (s)
at which the local value addition is made.

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19.6 In cases of procurement for a value in excess of ₹ 10 Crores, the local vendors
shall be required to provide a certificate from the statutory auditor or cost auditor
of the company (in the case of companies) of from a practicing cost accountant or
practicing chartered accountant (in respect of supplies other than companies)
giving the percentage of local content.

19.7 A vendor who has been debarred by any procuring entity for violation of this order
shall not be eligible for preference under this order for procurement by any other
procuring entity for the duration of the debarment.

For & on behalf of


IRCON INTERNATIONAL LIMITED

General Manager
Ircon International Ltd.,
Near Railway Crossing 112,
Behind Andeshwar Mandir,
Taluka Gandevi, Amalsad,
Distt. Navsari, Gujarat - 396310,
Contact Number: +91+9596653030
Email: ircon.3018@ircon.org

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SECTION – 2
FORM OF BID

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FORM OF BID

To

IRCON INTERNATIONAL LIMITED,


Acting Through
General Manager,
IRCON INTERNATIONAL LIMITED,
Behind Ankeleshwar Mandir Near Railway Crossing,
Taluka Gandevi Amalsad
Gujarat Pin 396310 .

Dear Sir,
I/We, ____________________________ (Name and address of the tenderer) have read the
various terms and conditions of the e-Procurement documents attached here with duly signed by
me/us and agree to abide by the same. I/We also agree to keep this tender open for acceptance
within the period of the validity of bids and on default thereof our Earnest Money is liable to
be forfeited.

I/We hereby declare that we have visited the site of the work and have made ourselves fully
conversant of the conditions therein and including the topography of area, soil strata at site of
work, sources and availability of construction materials, rates of construction materials, water,
electricity, all local taxes, royalties, octroi etc., availability of local labour (both skilled and
unskilled), relevant labour rates and labour laws, the existing road and approaches to the site of
work, requirements for further service roads / approaches to be constructed by me / us, the
availability and rates of private land etc. that may be required by me / us for various purposes,
climatic conditions, law and order situation and availability of working days.

I/We have quoted our rates for various items in the Bill of Quantities taking into account all the
above factors and I/We offer to do the work “Supply, Erection, Testing & Commissioning &
Other associated works including fabrication, complete in all respect for construction/
Modification/ Relocation of Electrical utility of 33KV & below Power lines for Dedicated
Freight Corridor (Vaitarana Sachin section of Western DFC Phase-2) for CTP-12 Project
(Package - Gujarat)” at the rates quoted in the attached Bill of Quantities and hereby bind
ourselves to complete the work in all respects within time schedule depicted in tender documents
from the date of issue of letter of acceptance of tender.
I/We also understand that until a formal Contract Agreement is executed, Letter of Acceptance
along with all tender documents shall constitute a binding contract between me/us and Ircon
International Limited.
Our Bank Account No. for the purpose of refund of EMD is……….… (Account No., Name of
A/C Holder, other details for NEFT/RTGS).

Thanking you,

Yours Faithfully,

Signature____________ and name of the signatory_______________________ in capacity


of____________ duly authorized to sign bids for and on behalf of:

_________________________________________________________ (In Block capital letters)

Date this________day of __________ 2019.

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SECTION – 3

INSTRUCTIONS TO TENDERERS (ITT)


ANNEXURES & FORMATS

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INSTRUCTIONS TO TENDERERS (ITT)

Table of Clauses

Clause No. Description PAGE


NO.
A.1 General 16
A.2 Cost of Bidding 17
B. The Bidding Documents 17
B.3 Content of Bidding Documents 17
B.4 Understanding and Amendment of Tender Documents 17
C. Preparation of the Bids 18
C.5 Language of Bid 18
C.6 Signing of All Bid papers and Completing Financial Bid 18
C.7 Deviations 19
C.8 Transfer of tender documents 19
C.9 Earnest Money 19-20
C.10 Integrity Pact 21
C.11 Period of validity of the tender 21
D. Submission of Bids 22
D.12 Deadline for submission of tender 22
D.13 Modification/ Substitution/ Withdrawal of tender 22
D.14 Submission of Tenders 22
E. e-Bid opening and Evaluation 23
E.15 Opening of the tender 23
E.16 Clarification of the tenders 23
E.17 Preliminary Examination of bids 23
E.18 Evaluation and comparison of tenders 24
E.19 Canvassing 24
E.20 Right to accept any tender or reject all tenders 24
E.21 Award of Contract 24
E.22 Contractor Performance Feedback and Evaluation System 25
E.23 Ineligibility to participate in re-tenders/ future cases 25
E.24 Declaration of non-performance or ban status 25

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E.25 Consequences of misrepresentation 26
Annexure-I Detail of Bidder 27
Annexure-II Assessment of Performance of working subcontractor 28
Annexure-III Assessment of Performance of working Consultant 29
Annexure-IV Format of Affidavit to be signed by the tenderer 30-31
Annexure-V Essential Qualifying Criteria 32
Annexure-VI Integrity Pact -
Annexure-A List of Relatives 33
Annexure-B Procedure for Suspension/Banning of Business Dealings 34-41
with agencies in IRCON
Annexure-VII Check list for list of documents to be scanned, uploaded 42
with the e-tender and submitted online not later than the
prescribed date and time for e-bid submission
Format-1 Details of similar works completed in last seven years 43
Format-2 Annual Turnovers for the last three years 44
Format-3 Programme for deployment of manpower 45
Format-4 Programme for deployment of plant and machinery 46
proposed to be deployed on the project

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INSTRUCTIONS TO TENDERERS (ITT)
A.
1 General
1.1 Name of the Work: As indicated in ‘Appendix to Tender’.
1.2 “A bidder in the capacity of Individual or Sole Proprietor, Partnership Firm or
Company can participate in the tender and the bidder must upload and forward
attested copies of the constitution of its firm such as Partnership Deed,
Memorandum & Articles of Association, etc. along with original Power of
Attorney of authorised signatory”.
Joint Venture is not permitted in this tender.
1.3 The work is proposed to be executed under the following relationship, other
than GCC.

a) Owner/Employer Dedicated Freight Corridor Corporation of


India Limited (DFCCIL)
b) Client IRCON INTERNATIONAL LIMITED address
as given in ‘Appendix to Tender’.
c) Client Representative Project Head of the Client or any other officer
authorized by the Client.
d) Engineer Engineer appointed by the Owner/Employer
e) Contractor The successful tenderer to whom the work is
awarded shall become the Contractor for the
execution of this work.

1.4 Throughout these bidding documents, the terms “bid” and “tender” and their
derivatives (“bidder”/“tenderer”),“bid/tendered”, “bidding”/ “tendering”, etc.)
are synonymous. Day means calendar day. Singular also means plural.

1.5 Scope of Work: The scope of present tender involves “ Supply, Erection,
Testing & Commissioning & Other associated works including fabrication,
complete in all respect for construction/ Modification/ Relocation of Electrical
utility of 33KV & below Power lines for Dedicated Freight Corridor
(Vaitarana Sachin section of Western DFC Phase-2) for CTP-12 Project
(Package - Gujarat).”.

The scope given above is only indicative. The detailed scope has been
described in the tender documents.

1.6 Estimated cost of the work (Including GST): Rs. 2,80,45,630.00

1.7 A bidder shall submit only one bid in the capacity of an Individual or Sole
Proprietor or Partnership firm. Violation of this condition is liable to
disqualify the tenders in which such bidder has participated and EMD of all
such tenderers shall stand forfeited.

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2. Cost of Bidding
2.1 The bidder shall bear all costs associated with the preparation and submission
of the bid and the Client will in no case be responsible or liable for these costs
regardless of the conduct or the outcome of the bidding process.

B. The Bidding Documents


The tenderers must use the online bid sheets available in excel format in this
Tender Document for submission of their Bid. Any Bid not conforming to the
prescribed format is liable to be declared non-responsive.

3 Content of bidding documents

3.1 The bidding documents include the following:

 Notice Inviting Tender


 Instructions to Tenderers
 Appendix to Tender
 Form of Bid
 Special Conditions of Contract
 General Conditions of Contract
 Technical Specifications and Standards
 Safety, Health, Environment Specifications
 Bill of Quantities

3.2 The bidder is expected to examine all instructions, terms, conditions, forms,
specifications, corrigendum/addendums and other information in the bidding
documents. Failure to furnish all information required by the bidding
documents or submission of a bid not substantially responsive to the bidding
documents in every respect will be at the bidders' risk and may result in
rejection of his bid.

4 Understanding and Amendment of Tender Documents

4.1 The bidder must obtain for itself on its own responsibility and its own cost all
the information including risks, contingencies & other circumstances in
execution of the work. It shall also carefully read and understand all its
obligations & liabilities given in tender documents.

4.2 The bidder is advised to visit and examine the site where the work is to be
executed and its surroundings or other areas as deemed fit by the bidder and
obtain for itself on its own responsibility all information that may be
necessary for preparing the bid and execution of the contract. The cost of
visiting the site and collecting relevant data shall be at the bidder’s own
expenses. It is a condition of the tender that the tenderer is deemed to have

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visited the site and satisfied himself with all the conditions prevailing
including any difficulties for executing the work.
4.3 Bidder will examine the various provisions of the Central Goods and Service
Tax Act, 2017 (CGST)/ Integrated Goods and Services Tax Act, 2017/
(IGST)/ Union Territory Goods and Service Tax Act, 2017 (UTGST)/
respective state’s State Goods and Service Tax Act (SGST) also, as notified
by Central/ State Government and as amended from time to time and
applicable taxes before bidding. Bidders will ensure that full benefit of Input
Tax Credit (ITC) likely to be availed by them is duly considered while
quoting rates.
4.4 The successful bidder who is liable to be registered under
CGST/IGST/UTGST/SGST act shall submit GSTIN along with other details
required under CGST/IGST/UTGST/SGST act to IRCON immediately after
the award of contract, without which no payments shall be released to the
contractor. The contractor shall be responsible for deposition of applicable
GST to the concerned authority.
4.5 In case the successful bidder is not liable to be registered under
CGST/IGST/UTGST/SGST Act, IRCON shall deduct the applicable GST
from his/their bills under Reverse Charge Mechanism (RCM) and deposit the
same to the concerned authority.
4.6 At any time prior to the deadline for submission of bids, Client may for any
reason whether at its own initiative or in response to any request by any
prospective bidder amend the bidding documents by issuing Corrigendum,
which shall be part of the Tender documents. The amendment shall be advised
to all the prospective bidders.

4.7 Client may at its discretion extend the deadline for submission of the bids at
any time before the time of submission of the bids.

C. Preparation of the Bids

5 Language of Bid

5.1 The bid prepared by the bidder and all documents related to the bid shall be
written in English.

6 Signing of All Bid papers and Completing Bill of Quantities.

6.1 It shall be deemed that e-bid uploaded by the tenderer is digitally signed by
his authorized representative holding the Power of Attorney.

6.2 While filling up the rates in the Bill of Quantities, tenderer shall ensure that
the rates are filled up in figures only. System will automatically convert such
filled up rates into words. In case of item rate tenders, the system will
automatically calculate the total price by multiplying the unit rate with
quantity.

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6.3 The bid should be submitted online only in the prescribed format given in the
e-procurement portal of IRCON. No other mode of submission is accepted.
The Bid along with the Bill of Quantities shall be digitally signed by the
authorized signatory of the bidder & submitted “online” only. No hard copy of
bid is required to be submitted.
The tenderer may download bid form and upload the same duly filled through
online e-Procurement process.
The tenderer must fill and submit the prices as per instructions given in
Financial Bid. The system does not permit any addition or alteration in the
tender documents. The requisite details should be filled in by the tenderer
wherever required in the documents. Incomplete tender or tender not
submitted as per instructions is liable to be rejected. If a tenderer does not
quote a price/rate for any Financial Bid item, the system will not accept the
tender document.

7 Deviations
7.1 The tenderer should clearly read and understand all the terms and conditions,
specifications, drawings, etc. mentioned in the original tender documents. If
the tenderer has any observations, the same may be indicated in his
forwarding letter along with the tender.

8 Transfer of tender documents


Tender Documents will be received in electronic form only after payment of
Tender document fee.

9 Earnest Money
9.1 The tenderer must furnish the Earnest Money as indicated in ‘Appendix to
Tender’ for the work as specified failing which the tender shall be summarily
rejected. The Earnest Money may be in any one of the following forms:

a) Pay Order/Demand Draft of any Scheduled Bank in India in favour of


Ircon International Limited payable at a place as given in Appendix to
Tender. It is mandatory for bidders to provide their Banker's details
(Name of Bank & Branch) along with their own bank details (Account
No., Name of Account Holder, NEFT/RTGS details).
b) Fixed Deposit Receipt issued by any Scheduled Bank in India endorsed
in favour of IRCON INTERNATIONAL LIMITED.
c) EMD value upto 10.00 Lacs must be in the form of Pay Order/DD/FDR.
In addition, EMD may also be paid through NEFT or RTGS in IRCON’s
bank account no.:007620110001609 RTGS/IFSC code: BKID0002900
at Bank of India, Valsad Branch, Valsad (396001) in favour of “IRCON
INTERNATIONAL LIMITED” payable at Valsad and e-Mail ID
ircon.3018@ircon.org In case of EMD amount being more than Rs.
10.00 Lacs, it can also be deposited in the form of irrevocable Bank
Guarantee valid for minimum 180 days beyond the last date of
submission of bid, issued by a Scheduled Bank as per the format
enclosed at Annexure-IX to 'SCC'. B.G. not valid for 180 days beyond

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the last date of submission of bid, will not be considered a valid EMD
instrument. The B.G. must be made invokable at Valsad branch of the
issuing bank.
d) The scheduled bank issuing the Bank Guarantee must be on the Structure
Financial Messaging System (SFMS) platform. A separate advice of the
B.G. shall invariably be sent by the issuing bank to the Employer’s Bank
through SFMS and only after this, the B.G. shall become operative and
acceptable to the employer. For this, the contractor is required to inform
to his Bank, the following information regarding the SFMS:

a) Name of the Bank & Branch BANK OF INDIA, VALSAD,SHRI


Address of the IRCON DIXIT FALIA ANAVI, DIXIT STREET,
INTERNATIONAL P.B.NO.6,VADODRA,396001,GUJARAT.
LIMITED, DFC-CTP-12
Project, Mumbai
b) IFSC Code of the Branch BKID0002900
mentioned :
c) Email id of the project ircon.3018@ircon.org

e) Earnest Money in the form of Pay Order/DD/FDR/BG shall be scanned &


uploaded through online e-Procurement process. Further EMD in original
form sealed in an envelope must be received by Client at the address specified
in the “e-procurement Notice not later than the prescribed date and time
for e-bid submission.

f) Proof of transaction towards payment of Earnest Money through NEFT or


RTGS shall be scanned either in PDF or JPEG format such that file size is not
more than 5 MB and uploaded during the online submission of the e-bid. not
later than the prescribed date and time for e-bid submission.

No interest shall be allowed on Earnest Money Deposit.

9.2 Forfeiture of Earnest Money:


9.2.1 The Earnest Money of the tenderer shall be forfeited if he withdraws his
tender after opening of the tender during the period of tender validity specified
in the “Appendix to Tender” or extended validity period as agreed to in
writing by the tenderer.

9.2.2 The Earnest Money of the successful tenderer is liable to be forfeited if he


fails to;
i) Sign the Contract Agreement in accordance with the terms of the
tender, or
ii) Furnish Performance Guarantee in accordance with the terms of the
tender, or
iii) Commence the work within the time period stipulated in the tender.

9.2.3 In case of forfeiture of EMD, the tenderer shall be debarred from bidding in
case of re-invitation of the tenders.

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9.3 Return of Earnest Money:
9.3.1 The Earnest Money of the unsuccessful tenderers in the form of FDR/BG shall
be discharged and returned as promptly as possible and the Earnest Money in
the form of DD/Pay Order/ NEFT or RTGS shall be directly credited to his
bank account through Electronic Fund Transfer, under advice to the bidder.

9.3.2 The Earnest Money Deposit of the successful tenderer shall be dealt as under:-
i) If the Earnest Money Deposit is in the form of Fixed Deposit Receipt
(FDR)/Bank Guarantee (BG), the FDR/BG shall be returned after
deduction of an equivalent amount from the first on account bill and
further deduction of retention money from the bills shall commence
after adjusting this EMD amount.
ii) If the Earnest Money Deposit (EMD) is in the form of Demand
Draft/Pay Order/ NEFT or RTGS, the same shall be retained towards
retention money and further deduction of retention money from the
bills shall commence after adjusting this EMD amount.

10 Integrity Pact (IP): Not applicable for this tender

10.1 Only those vendors/bidders who sign the Affidavit attached as Annexure-IV
to ‘Instructions to Tenderers’ shall be qualified to participate in the bidding
process.

10.2 Name, Designation & Address of Tender inviting Authority of IRCON:


General Manager
Ircon International Ltd.,
Near Railway Crossing 112,
Behind Andeshwar Mandir,
Taluka Gandevi, Amalsad, Distt. Navsari,
Gujarat - 396310,
Phone No.: 91+9596653030
Email: ircon.3018@ircon.org

11 Period of validity of the tender:


11.1 The tender shall remain valid for the period indicated in “Appendix to
Tender” after the date of the opening of the tender. If the Tenderer gives
validity period less than that fixed/prescribed by Client, the tender shall be
liable to be rejected.

11.2 Notwithstanding the above clause, Client may solicit the tenderer’s consent to
extend the validity period of the tender. The request and the response shall be
made in writing.

D. Submission of Bids

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12 Deadline for submission of tender

12.1 The tenderer must submit his/their e bid on or before the time of
submission of e-bid as given in the Notice Inviting Tender

12.1 Earnest Money Deposit required in physical form, as per sub-clause 9.1 of
“Instructions to Tenderers” must be received by Employer at the address
specified in the “e-Procurement Notice” not later than the prescribed date
and time for e-bid submission.

12.2 Any tender related documents received after opening of the tender shall be
rejected.

Tenderers must upload the good scanned copy of relevant documents required
to be submitted on e-Procurement website as mentioned in the tender
documents. The document which is not readable or legible will not be given
cognizance. e-Bids which are not supported by relevant documents shall not
be considered during evaluation of bid.

13 Modification / Substitution / Withdrawal of tender


13.1 The tenderer may modify, substitute or withdraw his e-bid after online
submission prior to the date and time of e-bid opening.

13.2 For modification of e-bid, bidder has to upload/resubmit digitally signed


modified e-bid in the CPP Portal (https://www.etenders.gov.in/eprocure/app)

13.3 For withdrawal of e-bid, bidder can withdraw his e-bid by clicking on
withdrawal icon at e-procurement portal.

13.4 Before withdrawal of an e-bid, it may specifically be noted that after


withdrawal of an e-bid for any reason, tender fee will not be refunded. The
bidder trying to re-submit the e-bid will have to pay the cost of tender
document again.

14 Submission of an e-bid by a tenderer implies that he had read all the tender
documents including amendments if any, visited the site and has made himself
aware of the scope and specifications of the work to be done, local conditions
and other factors having any bearing on the execution of the work.

15 Submission of tenders
15.1 All documents/ forms/instructions/specifications etc listed in item 3.1 of this
ITT and those attached as per the Annexure VII are deemed to be a part of the
bid/tender and accepted by the bidder.

15.2 In case of any ambiguity, IRCON may seek confirmation of information from
the issuer of the document.

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E. e-Bid opening and Evaluation

16 Opening of the tender


16.1 Tenders will be opened at the address mentioned in “e-Procurement Notice”
in presence of tenderers or authorised representatives of tenderers who wish to
attend the opening of tenders. Physical presence during e-bid opening is
optional.

16.2 Tenderers or their authorised representatives who are present shall sign
register in evidence of their attendance.

16.3 Tenderer’s name, presence or absence of requisite Earnest Money, total cost
of work quoted or any other details as Client may consider appropriate will be
displayed with list to all participating bidders online after bid opening.

17 Clarification of the tenders


17.1 To assist the examination, evaluation and comparison of the tenders, Client
may at his discretion ask the tenderers for any clarifications as considered
essential. All such correspondence shall be in writing and no change in price
or substance of the tender shall be sought or permitted. The above clarification
for submission of the details shall form part of the tender and shall be binding
on tenderer.

18 Preliminary examination of bids


18.1 The Client shall examine the bids to determine whether they are complete,
whether physical copy of all the relevant documents have been received not
later than the prescribed date and time for e-bid submission and generally
they are in order.

18.2 Prior to the detailed evaluation, Client shall determine whether each bid is of
acceptable quality, is generally complete and is substantially responsive to the
bidding documents. For purposes of this determination, a substantially
responsive bid is one that conforms to all the terms, conditions and
specifications of the bidding documents without material deviations,
objections, conditionality or reservation. A material deviation, objections,
conditionality or reservation is one;
i) that affects in any substantial way the scope, quality or performance of
the contract.
ii) that limits in any substantial way, inconsistent with the bidding
documents, the Client’s rights or the successful Bidder’s obligations
under the contracts; or
iii) whose rectification would unfairly affect the competitive position of
other Bidders who are presenting substantially responsive bids

18.3 If an e-bid is not substantially responsive, it shall be rejected by the Client.

18.4 In case of tenders containing any conditions or deviations or reservations


about contents of tender document, Client may ask for withdrawal of such

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conditions/deviations/reservations. If the tenderer does not withdraw such
conditions/deviations/ reservations, the tender shall be treated as non-
responsive. Client’s decision regarding responsiveness or non-responsiveness
of a tender shall be final and binding.

19 Evaluation and comparison of tenders:


19.1 In case of open tenders, bids, which are determined as substantially
responsive, shall be evaluated based on criteria as given in Annexure-V. The
tenderer must submit all necessary authentic data with necessary supporting
certificates of the various items of evaluation criteria failing which his tender
is liable to be rejected.

19.2 The Client/Client’s Representative reserves the right to negotiate the offer
submitted by the tenderer to withdraw certain conditions or to bring down the
rates to a reasonable level. The tenderer must note that during negotiations of
rates of items of BOQ can only be reduced and not increased by the tenderer.
In case the tenderer introduces any new condition or increases rates of any
item of BOQ, his negotiated offer is liable to be rejected and the original offer
shall remain valid and binding on him.

20 Canvassing:
20.1 No tenderer is permitted to canvass to Client on any matter relating to this
tender. Any tenderer found doing so may be disqualified and his bid may be
rejected.

21 Right to accept any tender or reject all tenders:


Client/Client’s Representative reserves the right to accept, split, divide,
negotiate, cancel or reject any tender or to annul and reject all tenders at any
time prior to the award of the contract without incurring any liability to the
affected tenderers or any obligation to inform affected tenderer, the grounds of
such action.

22 If the tenderer, as individual or as a partner of partnership firm, expires after


the submission of his tender but before award of work, the Client/Client’s
Representative shall deem such tender as invalid.
23 Award of Contract:
23.1 Client/Client’s Representative shall notify the successful tenderer in writing
by Courier/ Speed Post or per bearer or delivering the same by e-mail duly
attached with scanned copy of Proof of Dispatch (POD) that his tender has
been accepted.

23.2 Letter of Acceptance after it is signed by the Contractor in token of his


acceptance shall constitute a legal and binding contract between
Client/Client’s Representative and the contractor till such time the contract
agreement is signed.

24 Contractor Performance Feedback and Evaluation System:

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The Client will have a ‘Contractor Performance Feedback and Evaluation
System’ for periodic evaluation of Contractors performance during execution
of Contract. In case contractor’s over-all performance is found unsatisfactory
(<85% for Works Contracts and <75% for Consultancy Contracts)) based on
the parameters as listed in Annexure 'II’ & III respectively, the Contractor is
liable to be declared a ‘Non-Performer’, and will become ineligible for
participation in future tenders of this Organization for a period of 2 (two)
years from the date of such decision. This decision shall be conveyed to the
Contractor in writing. The non-performer status may be revoked during
currency of the contract on improvement of performance parameters during
the next annual review.

This is without prejudice to any other recourse available to the Client under
the Conditions of Contract.

25 Ineligibility to participate in re-tenders/ future cases:


Notwithstanding anything contained in the Qualification Clauses of ITT, if a
bidder withdraws from an offer after having been declared a preferred bidder
or after Notification of Award or does not sign the Contract Agreement
pursuant to the Letter of Acceptance or does not submit an acceptable
Performance Security which results in tender being annulled then such bidder
shall be treated as ineligible for participation in re-tendering of this particular
work and also for any other work for a period of 6 months. A repeat incident
of similar type within a period of 2 (two) years will render the bidder
ineligible for participation in all future tenders for a further period of 2 (two)
years.

26 Declaration of non-performance or ban status or termination


Tenderers are not eligible to participate in the tender process under the
following conditions:

a. They have been declared a non-performer by Central/ State Government


Department in India including authority controlled by them during the last two
years prior to the date of our bid submission.

b. They are currently debarred for tendering, blacklisted, suspended in Central/


State Government Department in India including authority controlled by them.

c. Any previous contract awarded to them has been terminated by IRCON on


account of contractor’s default during the last two years prior to the date of
bid submission.

d. The bidder (any partners in case of JV) is in corporate insolvency resolution


process (CIRP)/ liquidation/winding up/ CDR/SDR/S4A/ Flexible structuring
or any other restructuring scheme due to financial stress and is in default on
any debt obligation on the bid due date. An undertaking of the bidder (all
partners in case of JV) duly certified by statutory auditor of the bidder must be
submitted along with the bid.

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Accordingly, tenderers are required to sign an Affidavit as per the enclosed
pro-forma in Annexure-'IV', declaring their status of non-performance or
debarment/ termination or Corporate Resolution process/liquidation/Winding
up/CDR/SDR/S4A/Flexible Structuring or any other restructuring scheme due
to financial stress or in default on any debt obligations.

27. Tenderer to be fully responsible for the consequences of


misrepresentation:

a. Any suppression of information and misrepresentation will render the


tenderer ineligible for the tender along with the forfeiture of Earnest
Money. The tenderer will also be liable for disqualification for future
tenders of IRCON for a period of 2 years.

b. If any suppression of information and misrepresentation is found after the


award of Contract, the Contract may be terminated with forfeiture of
EMD, PG and SD (if any). The Contractor will also be disqualified for
future tenders of IRCON for a period of 2 years

Annexure -I

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(Ref.: ‘Form of Bid’ , Sub-clause no.: 10.2 of General Conditions of Contract and Clause no. 64.0 of GCC)

DETAILS OF THE BIDDER

1. Name of the Bidder:

1.1 Registered Address of the bidder:

Land Line Telephone Number with STD Code:

FAX Number with STD Code:

1.2 Address for communication:

Land Line Telephone Number with STD Code:

FAX Number with STD Code:

e-mail Address:

2. Banker’s Details for Payment through Electronic Clearing System (ECS):

Name of bank:

Address of bank:

Account No.:

Name of Account Holder:

IFSC:

Telephone No. with STD Code:

e-mail Address:

Annexure -‘II’
(Ref. Clause 22 of Instructions to Tenderers)

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ASSESSMENT OF PERFORMANCE OF WORKING CONTRACTOR
S. Description Weightage Remarks
No. Assigned Obtained
1 Resource Management/ Financial Status
1.1 Timely mobilization of manpower, as per 5
the requirement of work and/or as
suggested by Client’s Representative in
writing.
1.2 Timely mobilization of machinery, as per 5
the requirement of work and/or as
suggested by Client’s Representative in
writing.
2 Physical Progress /Project Execution
75
Capability
2.1 Target Vs Achieved review of the progress
and adherence to milestones of the work as
per above submitted & approved
programme (may be judged as below, to be
modified depending on availability of
front/site or as indicated in Contract)
a At 33% time: >15%
b At 50% time: >30%
c At 100% time: >60%
d At 175% time: >98%
3 Quality Assurance Capability
3.1 Documentation of procedures, work 4
instructions, check list and adherence to the
requirements of ISO 9001:2008
3.2 Rectification of defects/non-conformity to 4
quality standards within 30 days: (Nos.
mentioned in writing/Rectified within 30
days of writing).
3.3 Implementation of corrective and 2
preventive measures to control non-
conformities/ rejections.
4 Claims and Disputes
4.1 Raising unnecessary claims and litigation 5
TOTAL: 100

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Annexure-'III'
(Ref. Clause 22 of Instructions to Tenderers)

ASSESSMENT OF PERFORMANCE OF WORKING CONSULTANT

S. Description Weightage Remarks


No. Assigned Obtained
1 Resource Management 15
1.1 Mobilization time 5
1.2 Deputation of qualified team leader 5
-overall co-ordination
1.3 Deputation of experienced staff for 5
specific job/trade
2 Quality Assurance 20
2.1 Methodology of submission of drawing 5
2.2 Methodology to ensure that integrated 5
drawings are issued and not in isolation
2.3 Formats for delivery stages of project 5
2.4 Quality of submission – adequate 5
detailing
3 Physical Progress 65
3.1 Submission of detailed schedule of 5
delivery with number of drawings to be
submitted
3.2 Adherence to Milestones for various 10
submissions
3.3 Capability of change management and 10
incorporation of changes
3.4 Timely response to the queries
a During design stage 5
b During execution stage 5
3.5 Quality and detailing of Report 20
3.6 Timely submission of the reports/details/ 10
calculations etc.
TOTAL: 100

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Annexure-'IV'
(Ref. Clause 26.b. Instructions to Tenderers at Page No 26 & Clause A.5 of Essential
Qualifying Criteria at page No 32 & sub clause 10.2 of ITT at Page 21)
AFFIDAVIT
I/we, the undersigned, do hereby solemnly affirm and declare that-
1. Neither our firm nor any of the members/ partners in any manner as an
individual or the constituent partner in case of partnership firm have been
declared non-performer by any Central/ State Government department in
India authority controlled by them during the last 2 years prior to to the date
of bid submission.
2. As on date our bid submission, neither our firm nor any of the members/
partners in any manner as an individual or the constituent partner in case of
partnership firm are debarred for tendering, blacklisted, suspended in any
Central/ State Government department in India authority controlled by them.
3. As on date our bid submission, neither our firm nor any of the members/
partners in any manner as an individual or the constituent partner in case of
partnership firm/ JV are in Corporate Insolvency Resolution Process (CIRP)/
liquidation/ Winding up/ CDR/SDR/S4A/ Flexible Structuring or any other
restructuring scheme due to financial stress and have not been in default on
any debt obligations on the bid due date,.
4. No contract agreement between IRCON or its wholly owned subsidiaries and
either our firm or any of the members/partners in any manner as an individual
or the constituent partner in case of partnership firm have been terminated on
account of our default during the last two years prior to the date of our bid
submission.
5. We have no objection to IRCON requesting to any bank, person, firm or body
and any such agency furnishing pertinent information as deemed necessary or
to verify this statement or regarding our competence and general reputation .
6. We understand that further qualifying information may be requested by
IRCON and we agree to furnish any such information at the request of
IRCON within the prescribed time.
7. We bind ourselves with all the stipulations of the Bidding Document
including period of completion, provision of adequate equipment, personnel
and other resources required for completion within the stipulated completion
period and agree to augment any resources, if found necessary for timely
completion of the project, as desired by the IRCON.
8. We have read and understood all the provisions included in the Integrity Pact
and abide by them, if applicable.
9. We have read and understood all the provisions included in the bid documents
and abide by them.
10. The information furnished by us is correct and we understand the

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consequences in case any of the information furnished is not found to be true.

(Signed by the Authorized Representative of the Firm)


Name of the Authorized Representative.
Name of the Firm.
Dated:

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ANNEXURE - V
(Ref. Clause 3.0 of e-Procurement Notice, sub-clause ‘A 1.2 (c)’ of Instructions to
Tenderers & sub-clause 18.1 of ITT)
ELIGIBILTY CRITERIA
A. Essential Qualifying Criteria- NA

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Annexure-A

LIST OF RELATIVES

Section 2(77) of of the Companies Act, 2013


[Effective from 1st April, 2014]

‘‘Relative’’, with reference to any person, means anyone who is related to another, if
i)they are members of a Hindu Undivided Family;
ii)they are husband and wife; or
iii)one person is related to the other in such manner as may be prescribed;

List of Relatives in terms of Section 2 (77) [as prescribed under Rule 4 of Companies
(Specification of Definitions Details) Rules, 2014]

A person shall be deemed to be the relative of another, if he or she is related to


another in the following manner, namely:-

1.Father: Provided that the term “Father” includes step-father.

2.Mother: Provided that the term “Mother” includes the step-mother.

3.Son: Provided that the term “Son” includes the step-son.

4.Son's wife.

5.Daughter.

6.Daughter’s husband.

7.Brother: Provided that the term “Brother” includes the step-brother;

8.Sister: Provided that the term “Sister” includes the step-sister.

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Annexure-B

Procedure for Suspension/Banning of Business


Dealings with agencies in IRCON

(Issue No.:01 Date: 10.06.2013)

IRCON INTERNATIONAL LIMITED


(A Govt. of India Undertaking)
C-4, DISTRICT CENTRE, SAKET,
NEW DELHI-110017

PHONE:+91-11-29565666; FAX:+91-11-26522000,26854000
E-mail: info@ircon.org ; Web: www.ircon.org
CIN: U45203DL1976G01008171

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PROCEDURE FOR SUSPENSION/BANNING OF BUSINESS DEALINGS

CONTENTS

S. No. Description Page


1. Introduction 45
2. Scope 45
3. Definitions 45
4. Grounds on which Suspension/Banning of Business 46
Dealings can be initiated
5. Initiation of Suspension/Banning 47
6. Appeal against the Decision of the Competent Authority 49

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Introduction
1.1 IRCON is a specialized construction organization covering the entire
spectrum of construction activities and service in the infrastructure sector,
especially Railways. The primary objective of IRCON is timely and
efficient execution of projects assigned to it and at the same time ensuring
the quality thereof. As a commercial organization IRCON is expected to
adopt ethics of highest standards and a very high degree of integrity,
commitment and sincerity towards the work undertaken. Accordingly, it is
not in the interest of IRCON to deal with such Agencies who commit
deception, fraud or other misconduct in the execution of contracts
awarded/orders issued to them. Appropriate action needs to be taken
against them in accordance with the procedure prescribed herein.

1.2 This procedure shall be applicable for effecting suspension/banning of


business dealings with Agencies working for IRCON. It is incumbent
upon IRCON to ensure compliance with the laws and principles of natural
justice for banning the business dealings with any Agency. After issue of
the Ban order for dealings in IRCON the Management may consider
whether or not to refer the matter to the Indian Railways to consider
imposition of similar ban by Indian Railways.

1.3 Since banning of business dealings involves severe consequences for the
Agency concerned, it is essential that an adequate opportunity is provided
to the Agency to present its case and any explanation, if tendered, is
properly considered. If necessary, a personal hearing may be given to the
Agency, before passing an order of banning based on the facts and
circumstances of the case on record.

2 Scope
2.1 The procedure for (i) Suspension and (ii) Banning of Business Dealings
with Agencies, is laid down in these guidelines.

2.2 It is clarified that these guidelines do not cover the process for declaring
an Agency as “Non Performer” for which instructions have been issued
separately.

2.3 The suspension / banning shall be with prospective effect, i.e., it will affect
future business dealings only.

2.4 These guidelines shall apply to all the Projects/Regional Offices of


IRCON.
3 Definitions
3.1 In these Guidelines, unless the context otherwise requires:

i) 'Agency' means a 'Bidder/Contractor/Supplier/Consultant'


ii) 'Competent Authority' and 'Appellate Authority' shall mean the

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following:
a) 'Competent Authority' shall be the concerned Director of IRCON
and
b) 'Appellate Authority' shall be CMD, IRCON
Note: 'Competent Authority' and 'Appellate Authority' shall not be the
same person.

iii) 'Investigating Agency' shall include Central Vigilance Commission


(CVC), the Vigilance Departments of IRCON/Ministry of Railways,
Central Bureau of Investigation, or any Central/State Government
Department having powers to investigate into the propriety of working
of the Agency for IRCON.

iv) Other Terms used in this Circular shall have the same meaning as
assigned to them in Clause 1102 of Chapter-XI of Vigilance Manual of
Indian Railways.

4 Grounds on which Suspension/Banning of Business Dealings can be


initiated:

4.1 For security considerations, including suspected disloyalty of the Agency


to the State or IRCON, as the case warrants;

4.2 If any Director/Owner/Proprietor or partner of the Agency, is convicted by


a Court of Law for an offence involving moral turpitude in relation to its
business dealings with IRCON, any Government Department/ Ministry or
any other Public Sector Enterprise.

4.3 If there is strong justification for believing that any Director, Proprietor,
Partner, owner of the Agency has been guilty of malpractices, such as
bribery, corruption, fraud, substitution of tenders, interpolations, etc.

4.4 If the Agency engages a public servant dismissed/removed from service on


account of corruption or Employers a person convicted for an offence
involving corruption, moral turpitude or abetment of such offence; in a
position where he could corrupt government servants.

4.5 If the Agency has resorted to corrupt, fraudulent malpractices including


misrepresentation of facts;

4.6 If the Agency uses intimidation/threats or brings outside pressure on the


Company (IRCON) or/on its officials in acceptance of Tender or
performance of the job under the contract;

4.7 Based on the findings of the investigation report of the Investigating


Department against the Agency that it has resorted to mala-fide/ unlawful

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acts or improper conduct on its part in matters relating to IRCON, any
Government Ministry/Department or any other PSU;

4.8 If the Agency has submitted a false or wrong Affidavit along with its bid
with regard to the credentials of the firm or misrepresented/ manipulated
the facts in regard to or in connection with any bid submitted to IRCON.

4.9 Established litigant nature of the Agency to derive undue or benefit.

4.10 If the Agency misuses the premises or facilities of the IRCON, forcefully
occupies or damages the IRCON’s properties including land, water,
resources, forests / trees or tampers with documents / records etc.
4.11 If the business dealings with the agency have been banned by the Ministry
of Railways.
(Note: The above grounds are illustrative only and not exhaustive. The
Competent Authority may decide to suspend/ban business dealings for any
other reasonable cause and sufficient reason)
5 Initiation of Suspension/Banning:
5.1 Suspension of Business dealing

5.1.1 Action for suspension may be initiated by the concerned ED/IRCON on


receipt of a report from the Project head/Functional head/ Investigating
Department and if it is considered that allegations are of a serious nature,
which may warrant banning of business dealings with the Agency. The
report should also bring out whether pending banning of business
proceedings it would be in the interest of IRCON to enter into fresh
business dealings with the Agency or order immediate suspension of
further business dealings with the Agency. The ED shall submit his report
to the Competent Authority.
5.1.2 As far as possible, the existing contract(s) with the Agency may be
continued unless the Competent Authority, having regard to the
circumstances of the case decides otherwise in the interest of IRCON.
5.1.3 If the Competent Authority, after consideration of the matter, including the
recommendations of the Investigating Department/report of the ED,
decides that it would not be in the interest of IRCON to enter into business
dealings with the Agency pending investigations, he may order suspension
of business dealings with the Agency.
5.1.4 The Investigating Department may be advised to complete their
investigations and submit a final report within a period of three months.
5.1.5 The order of suspension of business dealings would not remain effective
for a period beyond three months from the date of the issue of the
suspension order unless show cause notice for banning of business is
issued to the Agency within this period. However, if the final
investigation report is not received within this period, the Competent
Authority may extend the period of suspension by another three months,
during which period the show cause notice must be issued. Once the show
- 38 - | P a g e 8 1
cause notice is issued the suspension order will continue till decision by
Competent Authority.

5.1.6 In case of suspension the Agency must be informed immediately of the


suspension order with brief charges under investigation. It is not necessary
to enter into correspondence with or offer explanations to the Agency at
this stage.

5.1.7 The order of suspension can be issued without giving any show cause
notice or personal hearing to the Agency. However, the suspension cannot
be continued for an indefinite period, unless a show-cause notice for
banning of business is issued within 6 (six) months, the period of
suspension will either be extended or the suspension shall be revoked.
5.2 Banning of Business Dealings
5.2.1 A decision to ban business dealings with any Agency shall normally apply
throughout IRCON. However, the Competent Authority can impose such a
ban project/region wise only if in the particular casebanning of business
dealings in respective project/region will serve the purpose and achieve its
objective and banning throughout the Company is not required in view of
the local conditions and impact of the misconduct / default. Any ban
imposed by Corporate Office shall be applicable across all Units of
IRCON.
5.2.2 An Investigating committee consisting of ED concerned, ED/Finance
and an ED nominated by Competent Authority shall look into the
charge(s) against the agency. The functions of the committee shall,
inter-alia include:

i.To study the report of the project head/Functional head / Investigation


agency and decide if a prima-facie case for banning exists, if not, send
back the case to the Competent Authority.

ii.To recommend for issue of show-cause notice to the Agency by the


competent authority as per clause 5.2.3.

iii.To examine the reply to show-cause notice and call the Agency for
personal hearing, if required.

iv.To submit final recommendations to the Competent Authority for


banning or otherwise.

5.2.3 On receipt of the report of the Investigating Committee if the Competent


Authority is prima-facie of the view that action for banning of business
dealings with the Agency is called for, a show-cause notice may be issued
to the Agency after approval by the Competent Authority.

5.2.4 The show cause notice, duly approved by the Competent Authority, may
be issued by Regd. A.D./Speed Post by concerned ED in charge of the

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project along with a statement containing the imputation of misconduct or
malpractice and the Agency should be asked to submit its written
explanation or statement in defence within 30 days of the date of notice. If
no reply is received, a decision may be taken ex-party by the Investigating
Committee based on facts and evidence on record.

5.2.5 If the Agency requests for inspection of any relevant document mentioned
in the show cause notice in possession of IRCON, the facility for
inspection of such documents may be provided.

5.2.6 After considering the reply of the Agency and other circumstances and the
recommendation of the investigating committee, a final decision shall be
taken by the Competent Authority, if considered necessary after giving an
opportunity for personal hearing to the Agency. The Competent Authority
may then consider and pass an appropriate speaking order:

a) exonerating the Agency, if the charges are not established;

b) banning the business dealings with the Agency along with the period for
which the ban would be operative, if the charges are proved.

c) whether or not to refer the matter to the Indian Railways to consider


imposition of similar ban by Indian Railways.

5.2.7 The order for banning of business dealings by all units of IRCON shall be
applicable to the Agency including its allied firms as defined in Para 1102
of IR Vigilance Manual.

5.2.8 Decision of Competent Authority will be intimated to the concerned ED,


who will convey the same to the delinquent Agency and its allied firms
and circulate it to the corporate office and all Project head / Functional
head for applying these orders uniformly in IRCON. The reasons may not
be disclosed in such communications. However, the fact that the
representation has been considered should invariably be mentioned in the
communication.

5.2.9 The validity of the banning order shall be for a specified time period, on
expiry of which, the banning order shall cease to operate, unless extended
further by competent authority.

6 Appeal against the Decision of the Competent Authority:

6.1 The Agency may file an appeal against the order of the Competent
Authority for suspension continuing beyond six months or order of
banning business dealings with the Agency. The appeal shall lie with the
Appellate Authority. Such an appeal shall be preferred within one month
from the date of receipt of the order banning of business dealings or order
of continuance of suspension order beyond six months.

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6.2 Appellate Authority shall consider the appeal and pass an appropriate
order which shall be communicated to the Agency as well as the
Competent Authority.

If the decision of the Competent Authority is modified by the Appellate


Authority the same will be intimated by concerned ED to the delinquent
agency and its allied firm and circulate it with advice to all Project Heads
and Corporate Office of IRCON.

P.S.: Where ED is not dealing with the case of a particular contract(or), the
same action may be taken by the Coordinating CGM or any other officer
made in-charge for the work.

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ANNEXURE – VII
(Ref. Clause 8.0 of e-Procurement Notice , sub-clause ‘C. 6.3’ of Instruction to
Tenderer (ITT), sub-clause D.12.1 of ITT & sub-clause D. 15.1 of ITT)

CHECK LIST for list of documents duly page numbered, signed, stamped by
authorized signatory of the Bidder to be scanned, uploaded (in PDF/ JPG format such
that file size is not more than 5 MB) with the e-tender and submitted online not later
than the prescribed date and time for e-bid submission:

1. Forwarding letter.
2. Form of Bid
3. Attested copies of the constitution of its firm such as Partnership Deed, Joint
Venture Agreement, Memorandum and Articles of Association, etc.
4. GSTIN.
5. ISO 9001-2008 certificate (if any).
6. Schedule of start and completion of work in the form of Bar Chart.
7. Proof of transaction towards payment of Cost of Tender Document/ Earnest
Money through NEFT or RTGS and copy of Earnest Money Deposit of requisite
amount in the prescribed form. Physical submission of documents limited to
Submission of Earnest Money Deposit in original in the form of Pay
Order/DD/FDR/BG/supporting documents for exemption of EMD/Tender Cost
as referred in clause no. 9.0 of ‘Instructions to Tenderers’.
8. Power of Attorney duly attested by Notary Public in favour of the person
signing the e-bidding documents digitally as well as manually.
9. Bankers details (name of bank and branch) along with bidders own bank details
(Account No., Name of Account Holder, NEFT/RTGS details) as per Format
given in Annexure-I).
10. Tender Acceptance Letter (as per Format given in relevant attached PDF file)
11. Affidavit (as per Format given in Annexure-IV)
12. Scanned copy of EMD in prescribed form.
13. Any other details sought through ITT.

Note :

i) Hard copy of above documents in original must be presented to IRCON, if requested


so, either during the process of finalization or after finalization of the tender.

ii) Financial bid submitted by any bidder in physical form shall not be considered and
the same will be left un-opened.

iii) Submission of Earnest Money Deposit in original in the form of Pay


Order/DD/FDR/BG as referred in clause no. 9.0 of ‘Instructions to Tenderers’.

- 42 - | P a g e 8 1
FORMAT-1
(Ref. Sr. No. 3. of Annexure-VII to Instructions to Tenderers)
DETAILS OF SIMILAR WORKS COMPLETED IN LAST SEVEN YEARS

S. Description Name and Contract Date Stipulated Date of Value of Reasons Penalty , Any other Remarks
No. of the Work address of No. and of date of actual completed for if any, relevant
the Client date award completion completion work (In delays, if imposed information
of Lacs of Rs.) any for delay
work
1
2
3
4
5
6

Note :

1.Please attach copies of the certificates issued by the Employer.


2.Only those works shall be considered for evaluation for which copies of the certificates issued by the Employer are attached.

43 | P a g e 9 0
FORMAT-2
(Ref. Sr. No. 4 of Annexure-VII to Instructions to Tenderers )
ANNUAL TURNOVERS FOR THE LAST THREE YEARS

S. YEAR Turnover from Civil Turnover from all sources Remarks


No. Engineering works (In lacs of Rs.)
(In lacs of Rs.)
1
2
3

Note :
1. Please attach certified/attested copies of the latest ITCC and/or Profit and Loss Account statement to support the information
furnished.
2. Certified Copy of Chartered Accountant showing turn-over for the last three years.

44 | P a g e 9 0
FORMAT – 3
(Ref. Sr. No 5 of Annexure- VII to Instructions to Tenderers)
PROGRAMME FOR DEPLOYMENT OF MANPOWER

S. Name Qualification Designation Total Experience Programme of Deployment


No. (in years)

45 | P a g e 9 0
FORMAT – 4
(Ref. Sr. No 6 of Annexure -VII to Instructions to Tenderers)

PROGRAMME FOR DEPLOYMENT OF PLANT AND MACHINERY PROPOSED TO BE DEPLOYED ON THE


PROJECT
S. Description Make Model & Year Capacity Condition Nos. Programme of Remarks
No. of proposed to Deployment
manufacture be deployed
1
2
3
4

46 | P a g e 9 0
SECTION - 4

APPENDIX TO TENDER

Page 47 of 81
APPENDIX TO TENDER

Description Reference Clause


Name of Work:- 1.1 of ITT
Supply, Erection, Testing & Commissioning & Other associated works
including fabrication, complete in all respect for construction/
Modification/ Relocation of Electrical utility of 33KV & below Power
lines for Dedicated Freight Corridor (Vaitarana Sachin section of
Western DFC Phase-2) for CTP-12 Project (Package - Gujarat).
Owner:- 1.3(a) of ITT
DFCCIL
Employer:- 1.3(b) of ITT
DFCCIL
Client:- 1.3(c) of ITT
IRCON INTERNATIONAL LIMITED
C-4, District Centre, Saket, New Delhi-110017.
Client Representative:- 1.3(d) of ITT
Project Head of Client or any other officer authorized by the Client.
Engineer (E):- 1.3(e) of ITT
Engineer appointed by the Owner/Employer.
Contractor:- 1.3(f) of ITT
The successful tenderer to whom the work is awarded.
Scope of Work:- Supply, Erection, Testing & Commissioning & Other 1.5 of
associated works including fabrication, complete in all respect for ITT & 3.0 of SCC
construction/ Modification/ Relocation of Electrical utility of 33KV &
below Power lines for Dedicated Freight Corridor (Vaitarana Sachin
section of Western DFC Phase-2) for CTP-12 Project (Package -
Gujarat).
Amount of Earnest Money and in case EMD is submitted in the 9.1 of
form of Pay Order/Demand Draft, the same shall be payable at Instructions
Mumbai: - to Tenderers

Rs. 3,80,500.00

Amount of Performance Guarantee: 5% of contract value 30.0 of Special


Conditions of
Contract
Period of Validity of Tender: - 11.1 of
Instructions
90 days from date of opening of tender (Technical Bid). to Tenderers
Period of Completion: - 28.0 of
Special Conditions
Six Months from the date of Issue of LOA. of Contract

Defect Liability Period :- 36.0 of


Special Conditions
of Contract

Page 48 of 81
SECTION - 5
SPECIAL CONDITIONS OF CONTRACT (SCC)

Page 49 of 81
SPECIAL CONDITIONS OF CONTRACT
(Whenever there is conflict in any conditions of Contract (GCC) and Terms & conditions mentioned in the Bid documents, the
conditions mentioned in the SCC will prevail. However, Engineer`s decision in this connection shall be final and binding).

1.0. Priority of Contract Documents:

Order of priority for Tender Documents shall be as hereunder:

i) Letter of Acceptance of Tender


ii) Notice Inviting Tender
iii) Instructions to the Tenderers
iv) Appendix to Tender
v) Form of Bid
vi) Special Conditions of the Contract
vii) General Conditions of Contract
viii) Technical Specifications
ix) Relevant codes and Standards
x) Bill of Quantities.

2.0. Name of Work:

Supply, Erection, Testing & Commissioning & Other associated works including fabrication,
complete in all respect for construction/ Modification/ Relocation of Electrical utility of 33KV &
below Power lines for Dedicated Freight Corridor (Vaitarana Sachin section of Western DFC Phase-
2) for CTP-12 Project (Package - Gujarat).

3.0. Scope of Work:

The scope of work is to Supply, Erection, Testing & Commissioning & Other associated works
including fabrication, complete in all respect for construction/ Modification/ Relocation of
Electrical utility of 33KV & below Power lines for Dedicated Freight Corridor (Vaitarana Sachin
Section of Western DFC Phase-2) for CTP-12 Project.
The scope of work for includes the following but not limited to :

a) Collection of available data relating to existing network – 33kV, 11kV & LT crossings especially
the drawings, SLDs, etc. from DFCCIL, IRCON & DISCOM.

b) Preparation of proposed DPR, single line scheme, location plans & detailed design and got
approved from DISCOM/DFCCIL.

c) Assessment of the structural stability of existing support structures against wind, seismic
forces and additional loads, and detailed design and construction drawings for any necessary
strengthening and rehabilitation works.

d) Site verification of designed system for electrical utility crossings & relocation of feeder lines.

e) Preparation of BOM (Bill of Material) & estimates for each activity of work at each site.
Contractor has to prepare BOM for the all the individual utility and to submit to Engineer for
approval.

Page 50 of 81
f) Modification in proposed designs as per the client’s requirements after discussions with
IRCON, DFCCIL & DISCOM.

g) Liaison with different DISCOM divisions regarding preparation of DPR, estimates and approval
of technical sanction of estimates from appropriate authority for shifting of electrical lines of
33kV, 11kV and LT and substation and the same is to be got approved from NHAI, DISCOM,
DFCCIL, Railways & IRCON or any other government authority during course of execution of
work.

h) Any other designs/drawings/calculations that may reasonably be required for satisfactory


completion of works.

i) Payment on account of supervision charges demand by DGVCL shall be paid by IRCON and
contractor has to liason with the DISCOM.

j) Registration charges with IR/DISCOM & Way Leave charges demanded by IR for UG Crossing
works shall be paid by the IRCON. Contractor has to ensure to submit the demand letter by
DGVCL/Railways on time.

The utility are within the IR KM 141 (Umbergaon Road) to IR KM 251 (Sachin). However these
locations may change if required as per the direction of Engineer-in-charge.

The scope described hereunder is only indicative in nature and shall be deemed inclusive all items
to be executed for its completion as per Specifications and Drawings. This will be inclusive of:

i. Identification & clearance of location from concerned authority for the execution of works
under respective feeders/ power lines.

ii. Erection of materials/equipment’s/items as per specifications or as directed by the Engineer.

iii. Approval of GTP/Drawings from the concerned Authority of DISCOM/IRCON.

iv. Testing & Inspection of Material from the authorized representatives of DISCONM/IRCON
at the works of manufacturers.

v. All the required materials shall be procured from the approved vendors/manufacturers of
the DGVCL as per the approved GTP/QAP.

vi. Testing of the construction materials before & during the execution of work.

vii. Successful handing over of the completed works to concerned authority.

viii. Contractor will get weekly approval from state electricity board/ concerned authority for
shut down, site co-ordination shall also be done by contractor.

ix. Submission of the scrap materials to the concerned authority store obtained during the
execution works with proper handing over certificate.

x. Contractor will take shut down from concerned public utility company / electricity authority
for the work and local shut down management will be done by contractor. Contactor will
deploy sufficient manpower to complete the work in shutdown period and arrange for timely
cancellation of shutdown. All safety precaution at site will be arranged by contactor.
Page 51 of 81
xi. Clearing the dismantled materials etc. from the site after completion of work on daily basis.

xii. Photography and videography before, during and after execution of work for record only.

xiii. Shifting of Transformers etc. on motor trolley during the execution of work.

xiv. Handing over the completed works to the client i.e. DISCOM/Concerned authority to their
satisfaction.

xv. Review all the available reports, drawings, and information, site details already available and
consider the same while planning & executing the work.

xvi. The Contractor will arrange site clearing, required Dismantling, left over utility shifting etc.
and submit the proposed land utilization plans for proposed construction of line work. Safety
bands, Ribbons and other gadgets for Construction site & workmen shall be maintained as per
scheme approved by the engineer.

xvii. The contractor shall submit a detailed construction delivery program for completion of
overall Work along with schedule of proposed resources deployment within 15 days from
issue of LOA.

xviii. Announcement on public address system in the public areas where shut down shall be
proposed for work.

xix. The contractor shall carry out construction of all components of work based upon the rules,
Regulations and various applicable Indian standards, approved drawings, design & approved
methodology, following codal provisions and requirements etc. for all safe & sound
completion of the Work by providing his own Manpower, Machineries and Materials etc.
complete.

xx. The contractor shall carry out the permanent diversion work of existing electric lines of 33KV
and less (overhead / underground) as per the locations as listed in Attachment (B) of Section
8 with ROW. These works for diversion shall be carried out by the contractor and on behalf of
the DFCC/ client under instruction and coordination by the Engineer/ Employer (Client) and in
compliance with the instructions made by the competent concerned public utility company /
electricity authority through the Engineer/ employer (Dedicated Fright Corridor
corporation of India Limited (DFCCILL)/DISCOM.

xxi. The diversion work of 33KV and less overhead / underground electric lines shall be carried
out by the contractor as per the standard specification of the concerned public utility
company for electrical cable diversion and IS: 1255 “Code of Practice for installation and
Maintenance of Power Cables up to and including 33KV.

xxii. To organize, conduct & maintain required & proper quality control test and records for day to
day work on regular basis. The contractor shall ensure that the work is executed conforming
to the approved design, drawings and specifications. For the period for execution of balance
Work, the contractor has to follow the quality Assurance, Safety, Health & Environment
Manual of IRCON. The Engineers to be deployed by the Contractor shall work under the
direction of the Engineer-in-charge. They shall be bound to carry out all duties related with
the work assigned by the Engineer-in-charge or his representative. All facilities & equipment
required for proper construction & quality control during execution of entire work.

Page 52 of 81
xxiii.The work shall be carried out in terms of specifications of latest editions (and up-to-date
correction/amendment/errata) of CPWD, BIS, RESSPO (Urban Schedule) & other relevant
international codes, whatever/wherever applicable and as directed by the Engineer/
employer (Dedicated Fright Corridor corporation of India Limited
(DFCCILL)/DISCOM.

xxiv. The scope of work includes transportation, head loading of materials to the place of work,
labour cost, cost of erection of structures, fabrication& equipment’s, laying of cables,
ferruling, cable termination & connection, supervision of erection, energy cost, Tools &
Tackles cost and to make the feeder/ power line ready for testing & commissioning and
testing & commissioning charges including test apparatus etc. which is required but not
mentioned.

xxv. IRCON will assist contractor to overcome ROW problems, obtaining of statutory approvals like
highway authority, municipal authority, forest clearances, road crossing and railway
clearance. Contractor shall be paid extra on production of actual invoice, if any.

xxvi. Contractor shall have to collect the IRCON's supplied materials/ equipment's from designated
store of IRCON at Ancheli, (if any). Nothing shall be paid extra on account of transportation of
materials from store to site.

xxvii.Site Information

Site information provided elsewhere is given in good faith by the Client. The Contractor shall
satisfy himself regarding all aspects of site conditions and collect all site information
necessary for the construction and completion of the Works. No Claim will be entertained by
the Client on account of any error or insufficiency in Site Information given in Tender
Documents.
List of crossings is enclosed as Annexure-E is for information only not exhaustive (actual may
be as per site condition).

xxviii.Traffic
The alignment is just adjacent to the Running Indian Railway Line. Maintenance of Site safety
against running traffic shall be given due importance and requisite facilities shall be provided.

xxix. Land for Contractor's Facilities


The Client shall provide the right of way of railway alignment to the Contractor. However,
the Contractor shall have to make his own arrangements for the land required by him for
borrow areas, quarries, site offices, testing labs, labour camps, stores, plants, etc.

xxx. Minimum Machinery, Tools & Plants shall be as follows :


- Tata 407 for material transportation – 1 no.
- Crane – 1 No. with minimum 3 nos. lifting belts
- Crowbar (Pinchpoint& normal)– 5 Nos.
- Shovel – 5 nos.
- Hoe (Phawda) – 5 Nos.
- Ghamela/Tasla (Gampa) – 5 Nos.
- Hand Tamper (Dhurmus) – 5 Nos.
- Tools for cable laying - Drum Jack, Socks Puller, Pulleys and gear (Pulley should be
openable from one side), Ropes, Ratchet/Spanner of different size as per site condition/tool
kit, Cable hoist, Steel strap binder, Spanners of different size as per site condition, Phase
separator for IPC Installation, Ladder, Discharging road / Brass chain for Earthing purpose,
Cable winch, Wire brush, come along clamps, Pulling grip, fork wrench, strapping tools,
wedge tool, swivel, etc.
Page 53 of 81
- Caution tapes – 500 m, earth tester – 2 nos., Megger 5kV – 2 nos., Measuring tape 50m, 5m
– 2 nos., etc.
- Other safety items like safety shoes, hand gloves, safety belt, helmet, fluorescent jackets,
traffic diversion cones, night working arrangement DG set, 1500W HPSV/MH lights, etc.
The above list is illustrative and not exhaustive.

4.0. Bill of Materials:

4.1. Detailed Bill of Material (BOM) as applicable shall be submitted with the BID.

4.2. Bidder shall also furnish the detailed drawings, working schedule for completion of work
feeder/power line work.

5.0. Offer shall be submitted in full conformity with the specifications as approved by client.
Deviations, if any, shall be brought out specifically with reference to commercial & technical
requirements etc. However, IRCON reserves the right of considering/rejecting the deviations
quoted by the bidder. No claim on this account shall be applicable.

6.0. Price Basis:

6.1 The price shall be quoted on “Firm Price Basis” exactly in the .xls format of Price
Bid/BOQ hosted in CPP e-Tendering Portal www.etenders.gov.in. Any changes,
modification shall not be accepted. Copy of the Price Bid/BOQ in .pdf format is also
uploaded separately on above portal for reference.

6.2 Prices shall cover Supply of Equipment, as required, at site as per Delivery Schedule.
Successful bidder is required to extend his support for supervision of testing and
commissioning of the equipment as may require.

7.0. Freight Charges:

7.1. Bidder shall quote their prices inclusive of all Freight charges for delivery of materials at site or
nominated store by purchaser. Freight charges shall not be paid extra in any case.

8.0. Taxes, Duties & Levies etc.:

8.1. The cost indicated in Schedule of Rate (SOR) is inclusive of all Taxes, Duties, Levies, Octroi charges,
WCT and any other Taxes etc. as applicable for successful completion of the work and this shall
not be paid extra in any case. The prices quoted by the bidder should be inclusive of all Taxes,
Duties, Octroi charges, WCT or and any other taxes, duties or levies for completion of the work in
all respect.

8.2. No additional cost shall be paid extra against any Taxes & Duties as applicable in any case.

8.3. The bidder shall quote all prices on firm price basis & no price adjustment, whatsoever, on
account of variation of input materials/labour cost or to take into account any changes in taxes,
duties, levies or introduction of any new tax, duty or levy till the completion date including the
date of extended period of contract, shall be entertained.

8.4. IRCON IS registered Under Gujarat GSTIN- 24AAACI0684H1ZS & for Maharashtra GSTIN-
27AAACI0684H1ZM.

8.5. TDS under income tax act under section 194C is also applicable. Labour cess shall not be deducted

Page 54 of 81
as the same will be deducted by client.

9.0. Drawings & Technical Specification:

TENDER DRAWING
9.1. The drawing with the tender document shall be treated as a reference during the execution of
work. The damaged structural parts shall be repaired in accordance with the specifications of
tender drawing irrespective of the dimension of the actual site condition. No claim will be
admissible on account of change in specification during the execution of work and the item rate
shall be quoted accordingly.
9.2. The contractor is required to submit the construction drawing at his own cost before start of the
work and get it approved from Client/ concerned public utility company /authority before
commencement of work. After completion of the work the contractor has to submit as erected
drawing indicated schedule of quantity, route and arrangement in original along with three copies
at no extra cost. The work is required to be handed over to Client/concerned authority

10 Technical Specification:

10.1 All works shall be carried out under full conformity to Technical Specification and relevant
REC/CBIP/CEA/BIS/IEC Standards & guidelines as per Tender documents of SCC and as approved
by client. If substantially changed or new applicable national specifications, technical standards or
regulations come into force after the Base Date, the Contractor shall submit proposals for
compliance to the Employer's Representative. In the event that the Employer's Representative
determines that such proposals constitute a variation, he shall then initiate a Variation in
accordance with tender document. In respect of technical specifications and standards, any
National or International Standards which promise to confer equal or better quality than the
standards specified will also be acceptable, subject to approval by the Employer’s Representative.

10.2. Climatic Conditions/Operating Environment:

All works under the scope of this tender shall be carried out under full conformity to climatic
conditions/operating environment and general requirements as per technical specification.

11.0 LAND
11.1 Land needed for sitting temporary labour camps, temporary site offices and temporary
Workshop/stores etc. at work site shall be arranged by Contractor/s at his/their own cost.

12. WATER SUPPLY

The Contractor shall be responsible for making reliable arrangements for suitable water supply at
his own cost for his men and construction purpose.

13. POWER SUPPLY


Any electric supply required at the site of works for whatsoever purpose shall have to be
arranged
by the Contractor/s. The Contractor shall make his own arrangements for electric power supply
/installation of diesel generating sets etc. as required for the work at his own cost and the rates
quoted shall include the cost of providing such electric supply arrangements required for the
works and offices /accommodations etc. All measures according to environmental requirements
and related noise and smell reduction are to be considered at Contractor’s cost.

14. TIME IS THE ESSENCE OF CONTRACT:

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14.1 The work has to be executed in a time bound manner and within the stipulated time period as per
the contract on a war footing as per approved construction programme. A planning should be
submitted for all the activities in a BAR CHART / PERT CHART so as to ensure completion of the
work within the scheduled completion period as per NIT. Any modification required in the
programme shall be done without any change in the quoted rates. The contractor shall ensure
progress as per approved programme. The progress of work vis-à-vis approved programme will be
reviewed weekly or at such other intervals, as decided by the Engineer in charge. If at any time it
is found that actual progress of work is lagging behind the approved programme, the contractor
shall promptly prepare revised programme and submit for approval showing modification,
including making good the short falls, as would be necessary, ensuring completion of the work
within the prescribed time limit as per contract. The contractor shall ensure execution of the
works as per the approved revised program without any reservations.

15.0 INTERFACES BETWEEN OTHER CONTRACTORS:

15.1 Contractor will be responsible to interface with the other contractors. All activities are supposed
to be carried out in parallel. Contractor should assess his requirement of resources accordingly.

15.2 In the event of default on the part of the contractor or slow progress as per agreed programme,
Employer and Client may without prejudice to the other rights, withdraw part of work as it feels
necessary and carry out the same at the risk and cost of the contractor either departmentally or
by appointing any other agency for which the contactor shall have no claim on this account.
Decision taken by the Engineer in charge in this regard shall be final and binding on the
contractor.

15.3 The works are to be executed as per requirement of Employer’s Project Quality Manual/Project
Quality assurance plan, Employer’s Safety Health & Environment Plan and project Procedure
Manual ISO 9001-2008. All records and formats are to be strictly maintained as per provisions
made therein.

16.0 MOBILIZATION ADVANCE:

Mobilization advance is not applicable in this tender.

17. HANDING OVER OF THE SITE/START OF WORK

The site shall be made available by the Engineer gradually in parts. No claim whatsoever for not
giving the site on award of works and for giving the site in parts by parts shall be tenable except
for the purpose of extension of time, wherever justified. Site for execution of works shall be made
available as soon as the work is awarded. In case, it is not possible for the Engineer to make the
entire site available due to any reason, the land shall be made available by the Engineer gradually
in parts. The Contractor shall have to adjust his work program accordingly.

18.0 SITE ESTABLISHMENT

The Contractor shall have the following minimum site establishment throughout the currency of
contract and the rates quoted should be inclusive of all these facilities and nothing extra shall be
payable on this account:-

19.0 SITE OFFICE

For proper co-ordination and timely completion of the works, the Contractor shall construct a
suitable furnished office at one of the sites with basic facilities such as telephone, fax,
photocopier, computer with internet facilities, regular electric and water supply including drinking

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water, sufficient means for transportation etc. and shall have camp offices at each of the
remaining sites.

20.0 THIRD PARTY TESTING:

The contractor has to arrange procurement & conduct third party testing from approved
Laboratory at his own cost, for all material intended to be used e.g. cement, steel, etc. as desired
by the Engineer and as directed for laboratory and samples, he intends to tests. The material must
be conforming to the specifications, standards and suitability/compatibility for use at the works.

21.0 TEST CERTIFICATES:


The contractor shall submit the test certificates of Cement, Reinforcement Steel, Structural steel
etc. The testing shall be done from Govt. approved laboratories/Institutions. IRCON reserves the
right to get the above construction materials (even the stone aggregates, sand, water etc.) tested
from any Govt. approved lab/Institutions, as and when required during the currency of Contract
(OCV plus Extended period) at Contractor’s cost.

22.0 STORAGE AND CONSUMPTION OF MATERIALS AT SITE

a) The Engineer shall not be responsible for providing any storage accommodation for the
materials arranged by the Contractor. In case of any materials being provided or arranged
by the Engineer, the Contractor shall make his own arrangements for storage of same.

b) Cement in bags shall be stacked by the contractor in store constructed by him with
weather proof roofs, suitable floors and walls to ensure quality during stacking & Stocking
as approved by the Engineer.

c) Contractor shall construct suitable Godowns at site of work for storing other materials
ensuring safety against damage by sun, rain, dampness, fire, theft etc. at his own cost and
also employ necessary watch and ward establishment for the purpose at his own cost.

d) Materials brought to the site by the Contractor shall be deemed to be the property of the
Engineer and will be under the control of the Engineer. Contractor shall not remove any
of these materials from the site without the prior written permission of the Engineer.

23.0 DEPLOYMENT OF MANPOWER


23.1 The Contractor shall provide and keep on the works, during the execution of the works, efficient
and competent Engineers/Supervisors to ensure that the work is executed strictly as per
provisions of the Contract. It shall be the obligation on the part of the Contractor to provide
minimum 20 Nos. (For each package) staff at site. Successful bidder will specially depute and
nominate SHE officer for each execution site.
23.2 The decision of the Engineer as to the period for which the required technical staff was not
employed by the contractor and as to reasonableness of the amount to be deducted on this
account shall be final and binding on the contractor.

23.3 The Engineer reserve the right to engage the Technical Staff, as required and deploy them on site
and the cost of the same shall be recovered from the Contractor’s payments in addition to the
recoveries as mentioned above.

23.4 The contractor shall provide 4no.Diploma Engineer at each site to ensure the safety and quality of
the works being carried out in power shutdown. 2no. Degree holder Engineer shall also be
provided by contractor as overall in charge.

24.0 Test and Inspection:

24.1 IRCON/DFCCIL/DISCOM and his duly authorized representative shall have at all
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reasonable times the access to the manufacturer premises and shall have the power
at all reasonable time to inspect and examine the materials and workmanship of the
plant during its manufacture there.

24.1 The Engineer shall on giving seven days’ notice in writing to the manufacturer setting
out any grounds of objections which he may have in respect of the work, be at liberty
to reject all or any part or workmanship connected with such work which in his opinion
are not in accordance with the Contract or are in his opinion defective for any reason
whatever, provided that if such notice be not sent to the manufacturer within
reasonable time after the grounds upon which such notice is based have come to the
knowledge of Engineer, he shall not be entitled to reject the said plant or workmanship
on such grounds unless specifically provided otherwise all tests shall be made at the
Contractor’s works before shipment.

24.2 Pre-dispatch inspection and testing of equipment’s/materials shall be carried out by a


team, representing DFCCIL/IRCON/DISCOM at the premises of the
manufacturer/vendor supplying the material. The testing shall be done as per relevant
IS in accordance with Technical Specification, GTP, drawings approved by
DFCCIL/IRCON/DISCOM and its latest amendment thereof.

24.3 If cost of material is less than Rs.5/- lac then DFCCIL/IRCON/DISCOM may waive the
pre-dispatch inspection and testing of equipment’s/material at manufacturer’s works.
In these circumstances, the material shall be checked at site by
DFCCIL/IRCON/DISCOM for correctness. However, entire responsibility of correctness
of material as per approved GTP/Tech. Spec. shall be of manufacturer.

24.4 The manufacturer shall submit inspection call letter to IRCON as soon as the material
is ready for inspection at vendor/manufacturer premises, giving minimum of 15 days’
time to IRCON/DFCCIL/DISCOM for arranging the inspection.

24.5 The manufacturer shall submit the details of material ready for dispatch, along with
routine test result of the materials offered and details of dispatches made against last
authorization for dispatch in addition to the test specified in the Technical
Specification. The purchaser reserves the right of carrying out at site such tests as he
may decide upon.

24.6 The manufacturer shall also render necessary assistance to the Inspecting Officer(s) in
making random sampling. Wherever considered necessary, the material shall be
marked, embossed or sealed by the Inspection Officer after inspection has been
carried
out and the material approved for dispatch.

24.7 The Purchaser shall reserve the right to draw required number of samples of other
Major items of raw material. These samples shall, however, be drawn and sealed in
the presence of Contractor of his authorized representative. The purchaser further
reserves the right to get these samples tested from any Govt. recognized Test
house/Laboratory.

24.8 The supplier shall record either of the following certificates on the invoice packing list
(challan) as the case may be.

Certified that the consignment (lot) of material supplied through this invoice/packing
list (challan) has been inspected and tested by representative (s) of Engineer of the
contract, DFCCIL and has been approved for dispatch.

OR
Certified that the inspection and testing of consignment (lot) of material supplied
through this invoice packing list (challan) has been waived off by the purchaser vide
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his letter No. …………. Dated …………….. It is further certified that the material have
been tested and results have been found to be with in value specified in the relevant
ISS/Contract as per copies of test certificate enclosed.

24.9 Notwithstanding, the inspection carried out by the Officers of DFCCIL/IRCON/DISCOM.


In case of any short/defective supply of material detected by the consignee, the
manufacturer shall be liable to make good such shortage/rectify the defects. The
consignment also is subjected to joint inspection by IRCON/DFCCIL/DISCOM in case of
any dispute regarding quality and/or quantity of the material supplied.

24.10 In case of the material offered for inspection is not found ready when the inspection
party reaches to the works of the manufacturer, the cost incurred by
IRCON&DFCCIL/DISCOM on this account will become payable by the manufacturer on
demand by IRCON/DFCCIL/DISCOM within 30 days.

24.11 Purchaser reserves the right to reject any equipment if during the tests at work or at
site, if the best values achieved do not comply with the respective
standard/specification and exceed the tolerable limits.

24.12 Contractor shall replace such rejected equipment’s, complying with the guarantee
value as promptly as possible and at no extra cost to the purchaser, purchaser reserve
the right to take any rejected equipment in to the service until the Contractor supplies
the new equipment.

24.13 Rejection to any equipment will not be held as valid reason for delay in timely
completion of the work.

24.14 Detailed dispatch instruction shall be issued by the Engineer of contract for the
quantities authorized for dispatch, who however reserve the right to amend the
dispatch instructions at any time before the actual dispatch of the material. It may be
noted that no material is to be dispatched without satisfactory testing inspections
clearance by the representative of Engineer of the contract DFCCIL/IRCON/DISCOM.

24.15 Inspection (if required) of material may be carried out after receipt of material at
store/site by DFCCIL/IRCON/DISCOM. The supplier shall be responsible for carrying
out store/site inspection of materials along with necessary tools/tackles/testing
equipment’s etc which may be taken back by the supplier after inspection.

25 Packaging and Dispatch:

25.1 Prices should be inclusive of all packing and forwarding charges. These shall not be
paid extra. The dispatch of materials shall be accompanied by delivery challan,
inspection report, test certificates, O & M Manuals and a copy of dispatch instructions.

25.2 All equipment/material shall be suitably packed for transport cartage to site and
outdoor storage during transit. The contractor shall be responsible for any damage to
the equipment during transit due to improper and inadequate packing. The case
containing fragile or material easily prone to damage shall be very carefully packed
and marked with appropriate caution symbol i.e. “FRAGILE”, “HANDLE WITH CARE
USE NO HOOK” etc. The contents of each package shall bear/packing list. Packing
shall provide complete protection from moisture termites and mechanical shocks etc.
Wherever necessary, proper arrangement of attaching slings for lifting shall be
provided. All packages shall be clearly marked with gross weight sign showing Up and
Down side of boxes content of each packages, order No. and date, name of
plane/equipment of which the material in package from part and any handling and
unpacking instruction considered necessary. Any material found short inside the
packing case shall be supplied by the manufacturer without any extra cost.
Manufacturer shall ascertain, prior to shipment from concerned authorities, the
transport limitation, like within and maximum allowable package size of

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transportation. All packing case and packing material shall become the property of the
Purchaser.

25.3 All demurrage and wharf age or other charges payable due to non-implementation of
any of the above instruction shall be to the manufacturer’s account.

26.0 APPROVAL FROM LOCAL/STATUTORY BODIES:

During execution of work, the Contractor shall Liaise/facilitate & assist Employer/Engineer in
obtaining the necessary sanctions/approvals from local bodies for timely shifting of the utilities
etc. for expeditious completion of the work & with no additional cost to Employer.

27.0 PRICE ADJUSTMENT (Ref.: G.C.C. Clause ‘57.0’)

Price adjustment shall not be applicable in this tender.

28.0 Completion Period:


The successful contractor shall be required to complete the Works (each package) in its entirety
Within 06 (Six) months from the date of issue of LOA.

29.0 Payment Terms:

29.1 Payment terms against (i) Supply Items & (ii) Erection, Testing & Commissioning works
respectively shall be as per table below:

Against Supply of Items Against Erection, Testing & Commissioning


a) 70% payment will become Payable against receipt of materials at the nominated site/store of
Contractor/IRCON on submission of documents as mentioned in 29.2 below after retaining
Retention Money as per clause 30.2. Contractor has to submit an indemnity Bond for 70%
payments against supply.
b) 20% payment will become payable on completion of Erection of the system fully in accordance
with Design & drawings, acceptance and issuance by the Engineer/ employer (Dedicated Fright
Corridor corporation of India Limited (DFCCILL)/Utility Owner (DGVCL) after retaining Retention
Money along with submission of documents as mentioned 29.3 below.
c) Balance 10% payment will become payable on completion of testing & commissioning of the
system, acceptance and issuance, handed over to competent concerned public utility company /
electricity authority through the Engineer/ employer (Dedicated Fright Corridor corporation of
India Limited (DFCCILL) /DISCOM after retaining Retention Money along with submission of
documents as mentioned 29.4below.

29.2 Documents required for 70% payment against supply items is as follows:

SN Documents Copies
1 Copies of the manufacturer invoice showing LOA reference, 1 original+3copies
goods description, quantity dispatched, unit price, total amount

2 Packing list identifying contents of each package 1 original+3copies


3 Bill of Lading/Airway Bill/Railway Receipt (RR)/Receipted Lorry 1 original+3 copies
Receipt (LR), as the case may be.

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4 Manufacturer's/Contractor's guarantee certificate/ Certificate of 1 original+3copies
Quality of Materials
5 Material inspection & clearance certificate issued by 3 copies
IRCON/DFCCIL including Delivery Challans from its works

6 Certificate of Type Test/Routine Test as applicable 1 original+3copies


7 Clearance Certificate from IRCON/ DFCCIL representative after 1 original+3copies
receipt & inspection(if required) of materials at store/site

29.3 Documents required for 20% payment against Erection of the material is as follows:

SN Documents Copies
1 Certificate from IRCON's representative clearly stating 1 original +3copy
Successful testing, commissioning & handing over of the system.
2 As built circuit diagrams & SL drawings 6boundcopies+1electronic
copies
3 Operation, Maintenance and Troubleshooting manuals 6boundcopies+1 electronic
copy
29.4 Documents required for 10% payment against testing & commissioning of the system is as
follows:

SN Documents Copies
1 Certificate from IRCON's/DFCCIL representative clearly stating 1 original +3copy
Successful testing, commissioning & handing over of the system.
29.5 The contractor shall submit all documentation, including Operation and Maintenance Manuals and
“as-built”drawings,necessarytooperate,maintain,dismantle,reassemble,adjustandrepairthe
systems and equipment’s supplied and shall conform to the requirements of concerned public
utility company / electricity authority through the Engineer/ employer (Dedicated Fright Corridor
corporation of India Limited (DFCCILL).

29.6 Payment for the equipment shall be made by IRCON INTERNATIONAL LTD, through RTGS/NEFT
ONLY within 30days of submission of an invoice with all the supporting documents specified
above.

30.0 Performance Security & Retention Money (Ref.: G.C.C. Clause 8.0)

30.1 Performance Security:


30.1.1 Performance security shall be in accordance with clause 8.0 of the General Conditions
of Contract.

30.1.2 The BG confirmation will be obtained using Structural Financial Messaging System
Platform (SFMS). The process involves issuing an advice of BG by the issuing bank to
the Beneficiary’s Bank through Electronic channel. For this, the contractor is required
to inform to his Bank, the following information regarding the SFMS:

a) Name of the Bank & Branch Address BANK OF INDIA, ALSAD,SHRI DIXIT
of the IRCON INTERNATIONAL FALIA ANAVI,DIXIT STREET,
LIMITED, DFC-CTP-12 Project, P.B.NO.6,VADODRA,396001,GUJARAT
Mumbai
b) IFSC Code of the Branch mentioned : BKID0002900

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c) Email id of the project ircon.3018@ircon.org

30.1.3 The sample Performa for Bank Guarantee for Performance Security is annexed at
ANNEXURE- XI of SCC.
30.2 Retention Money: Retention Money shall be in accordance with clause 8.0 of the
General Conditions of Contract.

31.0 Contract Agreement:

The successful bidder shall be required to execute a Contract Agreement with IRCON as per
ANNEXURE-I of GCC within 28 days of issue of Letter of Acceptance (LOA). Failure to execute the
Contract Agreement within stipulated time may invite encashment of EMD.

32.0 Work Safety:

The work is required to be executed near the live line or after taking power shut down. The
contractor shall comply with all safety rules & regulations of PVVNL/IRCON or any other
statutory body while working near the live line or on shut down.

33.0 Security at Site:

33.1 Unless otherwise stated elsewhere in the tender document,

a) The Contractor shall be responsible for keeping unauthorized persons off the Site, and
b) Authorized persons shall be limited to the employees of the Contractor, employees of IRCON
and persons authorized by the PVVNL or the PVVNLs Representative.

33.2 The Contractor shall have total responsibility for the safety and security of all Plant/ machinery,
Equipment and Materials delivered to the Site, including goods which are stored, loose, semi-
assembled and/ or erected, from the time of delivery to the Site until the date of taking over by
the Employer, as certified by the Taking-Over Certificate issued by the Employer’s Representative.
The Contractor shall make suitable security arrangements to ensure the protection of all Plant/
machinery, Equipment and Materials from theft, fire, pilferage and any other damages or loss. All
Plant/ machinery, Equipment and Materials provided by the Contractor shall enter and leave the
Site only with the written authorization of the Employer’s Representative in the prescribed
manner.

33.3 The Contractor shall also have total responsibility for the safety and security of all plant/
machinery, equipment and materials which are salvaged during his work for rehabilitation,
replacement, reconstruction and/ or upgrading existing facilities and/ or reconductoring existing
power lines from the time such plant/ machinery, equipment and materials are removed from
service until the Employer accepts the said materials, as evidenced by written certification from
the Employer’s Representative.

34 Electrical Contractor’s license


The Bidder should possess a valid Electrical Contractor’s license issued by any state or central
government agency and copy of the same may be submitted with the offer.

35 Labor Laws:

The Contractor shall comply with all the relevant labor laws applying to his employees, and shall
duly pay and afford to them all their legal rights The Contractor shall require all such employees to
obey all applicable laws and regulations concerning safety at work.
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36 Defect Liability Period:

36.1 Defect liability period shall be 24 months from the date of commissioning. The Contractor shall
guarantee that the Plant/ machinery, Equipment, Materials and associated works carried out
under the Contract will be free from defects in materials, workmanship and manufacturer’s
defects. The Contractor shall ensure satisfactory performance during the entire Guarantee Period,
and shall repair or replace any Plant/ machinery or Equipment free of cost which is found to be
defective.

36.2 The Contractor’s liability shall be limited to the repair or replacement of any defective part in the
Plant/ machinery, Equipment or Materials provided under the Contract arising from faulty design,
materials, workmanship and/ or manufacturer’s defects not being in accordance with the
Contract or failure by the Contractor to comply with any of his other obligations under the
contract. All costs for the repair/ replacement of defective parts such as dismantling, re-erection,
supply, transportation, etc., shall be to the account of the Contractor. During the Defects Liability
Period, the Contractor shall provide free of cost, competent and skilled personnel and maintain
adequate stock of spares so as to promptly fulfill his obligations during the Defects Liability
Period.

36.3 If any defect appears or damage occurs, the Employer or the Employer's Representative shall
promptly notify the Contractor in writing. Every time a notice of Defect is given, and Defects
Correction Period for the notified Defect begins, the Contractor will be required to correct the
notified Defect within the time prescribed (14 days).

36.4 Contractor shall ensure restoration/rectification/replacement, within prescribed time, to the


satisfaction of IRCON/PVVNL. The engineer in case of the delay as seems fit shall be empowered
to carry out the repairing at the risk and cost of the contractor. The “Defect Liability Period“ in
respect of that part or subsystem or components of that part shall start from the date such
replacement, renewal or repair has been complete to the satisfaction of the engineer.

37 Failure to Remedy Defects:


If the Contractor fails to remedy any defect in the Plant/ machinery, Materials, design or
workmanship or if the Contractor fails to complete any Works or part of the Works as deemed
necessary by the Employer within a reasonable time after being notified by the Employer’s
Representative, the Employer or the Employer's Representative may fix a date on or by which to
remedy the defect or damage or to execute part of the works to the satisfaction of the Employer’s
Representative, and give the Contractor reasonable notice of such date.

37.1 If the Contractor fails to remedy the defect or damage or to complete the required Works by such
date the Employer may (at his sole discretion):

i) carry out the work himself or by others, in a reasonable manner and at the Contractor's risk and
cost; the costs properly incurred by the Employer in remedying the defect or damage or in
executing part of the works shall be recoverable from the Contractor by the Employer and will be
calculated based on the direct cost of any labor, equipment, materials, superintendence and other
services provided by the Employer for carrying out such work, as certified by the Employer’s
Representative, plus an administration fee of 10% (ten percent) of the direct costs to cover
overheads and other indirect costs; or

ii) require the Employer's Representative to determine and certify a reasonable reduction in the
Contract Price; or

iii) if the defect or damage is such that the Employer has been deprived of substantially the whole of
the benefit of the Works or parts of the Works, terminate the Contract in respect of such parts of

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the Works as cannot be put to the intended use; the Employer shall then be entitled to recover all
sums paid for such parts of the Works together with the cost of dismantling the same, clearing the
Site and returning Plant/ machinery and Materials to the Contractor.

38 Vendor Approval:
38.1 Successful bidder is required to be assessed for technical, financial capability etc. by DFCC. LOA
will be placed only when DFCC has accepted the successful bidder as the contractor/vendor for the
said equipment/material/works.

39 Fall Clause: NA

39.1 The price charged for the stores supplied under the contract by the contractor/supplier shall
in no event exceed the lowest price at which the contractor/supplier sells the stores or offer to
sell stores of identical description to any persons/organizations including the purchaser or any
Department of the Central Government or PSU, as the case may be, during the currency of the
contract. The lower price will be applicable to supplies made after the date of coming into force
of such reduction or sale or offer to sell at a reduced rate.
39.2 If at any time during the currency of the contract the supplier/contractor reduces the sale
price, sells or offers to sell such stores to any persons/organizations including the purchaser or
any Department of the Central Government or PSU, as the case may be at a price lower than the
price chargeable under the contract, they shall forthwith notify such reduction or sale or offer
of sale to the purchaser and the price payable under the contract for the stores supplied after
the date of coming into force of such reduction or sale or offer of sale, shall stand
correspondingly reduced.
39.3 The Supplier/ Contractor shall furnish the following certificate to the purchaser along with
each bill for payment of supplies made against the contract.
"I / We certify that there has been no reduction in sale price of the stores of description
identical to the stores supplied to IRCON under the contract herein and such stores have not
been offered I sold by me/us to sell such stores to any persons/organizations including the
purchaser or any Department of the Central Government or PSU, as the case may be, up to the
date of bill, at a price lower than the price charged to IRCON under the contract."

40 Quantity Variation:

40.1 The Contract price may increase or decrease by 25% towards the variation of quantity of
equipment/material and services without any changes in contract conditions. However, individual
quantity may vary to any extent.

41 Liquidated Damages:

41.1 Time is the essence of the contract and therefore if the work is delayed on account of the
contractor, liquidated damage shall be recovered as provided for in the contract. Liquidated
damages for delay shall be calculated at the rate of 0.5% of the Contract Price including all taxes
and duties and Provisional sums (if any) for delay per week or part of week with an upper limit of
5% of the contract value.

41.2 Interim penalty for delay shall be calculated for every week or part of week of delay which shall
elapse between the scheduled progress set out in approved delivery program and successful
completion of delivery of the works. The interim penalty thus levied shall be waived off, if the entire
work of the contract is completed within the stipulated time.

41.3 The payment or deduction of such damages shall not relieve the manufacturer from its obligation
and liabilities under the contract. Once the maximum is reached, the purchaser may consider
termination of the contract pursuant of the contract to Termination for default.

42 Safety Health and Environment (SHE):


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Bidder shall ensure compliance of SHE requirement as applicable to their process of
manufacturing/Erection/Civil Works under IRCON/ DFCCIL SHE Plan. The bidder shall submit
outline, Safety, Health and Environment Plan which shall contain sufficient information to
demonstrate clearly the proposals for achieving effective and efficient safety, health & environment
procedures. The Outline Safety Health and Environment Plan should include an outline of the safety
procedures and regulation to be developed and the mechanism by which they will be implemented
for insuring safety as required. Successful bidder will specially depute and nominate SHE officer
for each execution site.
43. Electrical safety clearances-
It shall be responsibility of the contractor to obtain necessary electrical safety clearances from
directorate of electrical safety or concerned authority. Clearance / Approval from concerned
authority will be in bidder’s scope, However requisite fees deposited by contractor in order to get
clearance/ approval will be reimbursed on production of documentary proof of Payment/ invoice, if
any.

44. DEPLOYMENT OF STAFF BY CONTRACTOR

The Contractor shall provide and keep on the works, efficient and competent Client Representatives
to ensure that the work is executed strictly as per provisions of the Contract. It shall be the
obligation on the part of the Contractor to provide the following minimum Client Representative
staff at site:-

Sl. Position/Qualification Minimum


No. Nos. to be
deployed
1 Project Manager – Degree holder with minimum experience of 10 1
years/Diploma holder with minimum experience of 15 years in the field.
2 MBBS Doctor & Nurse (On Call) 1
3 Engineer (Planning, Execution, Quantity Survey, Quality Control) – With 1
R minimum experience of 5 years in the field for Degree holder OR With
minimum experience of 10 years in the field for Diploma holder.
4 Site Engineer (Civil) – Degree holder with minimum experience of 3 1
years/Diploma holder with minimum experience of 5 years in the field at
each site.
5 Site Engineer (Electrical) – Degree holder with minimum experience of 3 1
years/Diploma holder with minimum experience of 5 years in the field at
each site.

exquisite number of supervisory staff shall also be deployed by the Contractor.

In addition to above the requisite staff for SHE department to be deployed complying to the
clauses on SHE requirement in the Agreement of Client with DFCCIL.

The staff to be deployed shall be got approved in writing from the Employer/Client
Representative (whose approval may be withdrawn any time) for supervision of works and to
receive direction from the Client Representative of the work on behalf of the contractor. The
supervisory staff of the contractor will not be changed without the approval of the Client
Representative.

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In case, the Contractor fails to deploy the sufficient staff as described in para 16.1 above within
30 days starting form issue date of LOA, the Client Representative shall be entitled to recover the
following amount from the dues of the Contractor:-

1 Non Deployment of Project Manager Rs. 50,000/- per month or


part thereof
2 Non Deployment of Engineer. Rs. 30,000/- per month or
part thereof
3 Non Deployment of Doctor. Rs. 30,000/- per month or
part thereof
4 Non Deployment of Site Engineer/ Surveyor. Rs. 20,000/- per month or
part thereof
The decision of the Client Representative for period the required staff was not employed by the
contractor and as to reasonableness of the amount to be deducted on this account shall be final
and binding on the contractor.

The details of skilled manpower/workers trade wise i.e. operator, machine, Supervisor, workers,
labor, with details of permanent staff shall be submitted by the contractor within 15 days after
the award of work. This shall be submitted along with the programme of works.

45. APPROVAL FROM LOCAL/STATUTORY BODIES

The Contractor shall actively co-ordinate with concerned authorities for cutting of trees, shifting
of utilities and removal of encroachments etc. and making the project construction area
encumbrance free for expeditious execution and completion of works.

The Contractor shall also obtain necessary permits/approvals of concerned authorities for
installation & operation of plants/equipment and borrow areas.

46. FREE FLOW OF TRAFFIC

The contractor shall be fully responsible for free flow of traffic on the Running Indian Railway Line
during the entire construction period. Any arrangement required to maintain the free flow shall
deem to have incidental to the work. No extra payment shall be made on this account.

Construction and maintenance of temporary approach roads/Diversion as may be required for


free flow of traffic on Road during the entire construction period. The same has to be constructed
by the contractor with prior approval of the Client Representative at his own cost. No extra
payment shall be made on this account.

47. TAXES AND GST ON WORKS CONTRACT (Ref.: G.C.C. Clause ‘56.0’,’57.0’, ‘62.0’ and ’64.0’ and
Sub Clause no. 4.3, 4.4 & 4.5 of ITT)

47.1 The contractor shall get registered with the concerned Goods and Service Tax Department of the
relevant state(s) of the project and submit a copy of the same to the Employer/Engineer. He shall
be responsible for filling Goods and Service tax returns and assessments, as necessary as per
prevalent Laws, Rules and Regulations and shall also furnish necessary certificates to
Employee/Engineer from time to time. (Refer 56.0 (v) of GCC)

47.2 Wherever certain exemptions/benefits are available on custom duty the Contractor shall consider

Page 66 of 81
the same while quoting his rates. For instance, materials/Plant and Machinery etc. used for
execution of the projects financed by International Organization enjoy exemption from custom
duty under Foreign Trade Policy as Deemed Export on fulfilling the conditions as per Govt.
notifications. Similarly the contractor shall ensure that whenever any benefits are available under
any other law, there shall be considered while quoting the rates.

47.3 Bidder will examine the various provisions of the Central Goods and Service Tax Act, 2017 (CGST)/
Integrated Goods and Services Tax Act, 2017/ (IGST)/ Union Territory Goods and Service Tax Act,
2017 (UTGST)/ respective state’s State Goods and Service Tax Act (SGST) also, as notified by
Central/ State Government and as amended from time to time and applicable taxes before
bidding. Bidders will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is
duly considered while quoting rates.
47.4 The successful bidder who is liable to be registered under CGST/IGST/UTGST/SGST act shall
submit GSTIN along with other details required under CGST/IGST/UTGST/SGST act to IRCON
immediately after the award of contract, without which no payments shall be released to the
contractor. The contractor shall be responsible for deposition of applicable GST to the concerned
authority.
47.5 In case the successful bidder is not liable to be registered under CGST/IGST/UTGST/SGST Act,
IRCON shall deduct the applicable GST from his/their bills under Reverse Charge Mechanism
(RCM) and deposit the same to the concerned authority.
47.6 A deduction towards Building & other construction welfare cess is proposed as per followings:-
Client will settle Building & other construction welfare cess liability for entire project as
employer is deducting an amount @ 1% of gross bill amount. In case there is amendment in this
act with any provision the same will be applicable for the contract.
The contractor shall ensure that the benefit of building cess shall be considered while quoting
the rate.

47.8 Any change of rates of statutory taxes/duties of the state/ Central Governments or levy of any
new type of statutory taxes/duties or substitution of existing taxes/duties after the last date of
submission of tender shall be borne by IRCON. Increase or decrease in the liability on this account
will be dealt with accordingly. Increase in liability shall be reimbursed as per actuals on submission
of computation of increased liability statement with documentary evidences in the form of
challan by the contractors/ suppliers to IRCON’s satisfaction. Similarly, in case of reduction of
taxes/duties by either Central or State Govts. or due to introduction of new tax or substitution of
existing tax the benefits of reduction in liability shall be passed on to IRCON immediately
commencing from the first periodical return falls due. Computation of decrease in liability shall be
submitted by contractors/ suppliers/ service providers, examined and agreed by IRCON. For ease
of implementation of above, contractors/suppliers/service providers shall be required to submit
summary of price schedule in the attached format with quoted price. All the changes in rules and
consequent payments should be supported by documentary evidences.

48. INSURANCE (Ref. GCC Clause No.9)

The contractor is required to take insurance coverage for his plant and machinery and manpower
deployed at the site. There shall be no liability on Client for the same. The Cost towards the same
shall be included in quoted rates The employer has already taken CAR (Contractor’ All Risk) Policy
for the total value of the work. The copy of this policy is enclosed in the tender document for
ready reference. (Car Policy) .The claims (if any) under this CAR policy shall be submitted by the
agency and Client will only work as Nodal agency. The claims (if any) realized will be paid to the
agency after recovering actual expenses (if any) incurred by Client in realizing the claim.

Tenderer(s) may please note that their offers will be evaluated as per the credentials/ documents
submitted by the tenderer(s) along with the bid.
Page 67 of 81
49.0 Updation of Labour data on Indian Railways Shramikkalyan portal by
Contractor-

49.1 Contractor shall abide by the provisions of Payment of Wages Act & Minimum Wages
Act in terms of clause no. 40.0 : "Wages of Labour" of IRCON's General Condition of
Contract. In order to ensure the same, an application has been developed and hosted
on website ‘www.shramikkalyan.indianrailways.gov.in’ . Contractor shall register his
firm/ company etc. and upload requisite details of labour and their payment in this
portal. These details shall be available in public domain. The Registration/ updating of
Portal shall be done as under:

a) Contractor shall apply for onetime registration of his company/firm etc. in


the Shramikkalyan portal with requisite details subsequent to issue of Letter of
Acceptance. Engineer shall approve the contractor's registration on the portal within 7 days
of receipt of such request.
b) Contractor once approved by the Engineer, can create password with login
ID (PAN No.) for subsequent use of portal for all LoAs issued in his favour.
c) The contractor once registered on the portal, shall provide details of his
Letter of Acceptances (LoA) / Contract Agreements on shramikkalyan portal within 15 days
of issue of the LoA for approval of the concerned Engineer. Engineer shall update (if required)
and approve the details of LoA filled by contractor within 7 days of receipt of such request.
d) After approval of LoA by the Engineer, Contractor shall fill the salient details
of contract labours engaged in the contract and ensure updating of each wage payment to
them on shramikkalyan portal on monthly basis.
e) It shall be mandatory upon the contractor to ensure correct and prompt
uploading of all salient details of engaged contractual labour & payments made thereof
after each wage period.
49.2 While processing payment of any 'On Account bill' or 'Final bill' or release of
'Advances' or 'Performance Guarantee / Security deposit', contractor shall submit a
certificate to the Engineer or Engineer's representatives that "I have uploaded the
correct details of contract labours engaged in connection with this contract and
payments made to them during the wage period in Railway's Shramikkalyan portal at
‘www.shramikkalyan.indianrailways.gov.in’ till _____ Month,_______Year."

50.0 Signing of “No Claim” Certificate to be submitted with Final Payment Statement:
The Contractor shall not be entitled to make any claim whatsoever against IRCON
under or by virtue of or arising out of this contract, nor shall IRCON entertain or
consider any such claim, if made by the Contractor, after he shall have signed a “No
Claim” certificate in favour of IRCON in such form as shall be required by IRCON after
the works are finally measured up. The Contractor shall be debarred from disputing
the correctness of the item covered by “No Claim” Certificate or demanding a
clearance to arbitration in respect thereof.

Page 68 of 81
ANNEXURE-VIII
(Ref. Sub-clause 5.1 iii) of Special Conditions of Contract)
(to be executed on a non-judicial stamp paper of requisite value)
BANK GUARANTEE FOR ADVANCE PAYMENT

To
IRCON International Limited,

[Acting through ______________________ (Tender Inviting Authority) & Address]

_________________________________________ [name of Contract]

Gentlemen:

In accordance with the provisions of the Conditions of contract, Sub-Clause ____ (“Advance Payment”) of
the above-mentioned contract, __________________________________ __________________ [name and
address of the Contractor] (hereinafter called “the Contractor”) shall deposit with ____________________
[name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said
Clause of the Contract in an amount of ____________ [amount of Guarantee],
________________________ [amount in words].

We, the ____________________ [name of bank], as instructed by the Contractor, agree unconditionally
and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to IRCON
INTERNATIONAL LIMITED on their first demand without whatsoever right of objection on our part and
without his first claim to the Contractor, in the amount not exceeding ______________ [amount of
Guarantee], ______________________________ [amount in words].

We further agree that no change or addition to or other modification of the terms of the Contract or of
Works to be performed there under or of any of the Contract documents which may be made between
IRCON INTERNATIONAL LIMITED and the Contractor, shall in any way release us from any liability
under this guarantee, and we hereby waive notice of any such change, addition, or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment under the
Contract upto ______ (until IRCON INTERNATIONAL LIMITED receives/recovers full repayment of
advance along with interest accrued thereon from the Contractor).

We, the Bank further agree that this guarantee shall be invokable at our place of
business at Valsad/Project HQ (indicate detail address of branch with Code No.).* The branch at
Valsad/Project HQ is being advised accordingly.

This Bank Guarantee shall be operative only if it is accompanied by a separate advice sent
by______________________ (Name of issuing Bank, with address) on ______________________ (Name
of Employer’s Bank, with address) IFS Code ______________________ through Structured Financial
Messaging System (SFMS) and authenticated by the Employer’s bank.
Yours truly,

SIGNATURE AND SEAL OF THE GUARANTOR


Name of Bank:
Address:
Date:

*The Bank should indicate detailed address of Valsad/Project HQ branch along with its Code No.

Page 69 of 81
ANNEXURE-IX
(Ref. Sub-clause 9.1 c) of Instructions to Tenderers)

(to be executed on a non-judicial stamp paper of requisite value)

BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

(Tender Notice No. and date)

Ref:(Bank Guarantee No. and Date)

To
IRCON INTERNATIONAL LIMITED,
[Acting through ____________________(Tender Inviting Authority) & Address]

WHEREAS, _________________________________ [name of Bidder] (hereinafter called “the


Bidder”) intends to submit his bid dated ________ (date) for_____[name of work] (hereinafter
called “the Bid”).

1. KNOW ALL PEOPLE by these presents that We ___________________________ [name


of bank] of _____________(name of country) having our registered office at
____________(hereinafter called “the Bank”) are bound unto IRCON INTERNATIONAL
LIMITED (hereinafter called “the Employer”) in the sum of `_________* [amount of
Guarantee],________ [amount in words] for which payment well and truly to be made to
IRCON INTERNATIONAL LIMITED. The Bank binds itself, its successors and assigns
by these presents with the Common Seal of the Bank this _______ day of _____ 20__ and
undertake to pay to the Employer up to the above amount upon receipt of their first written
demand, without IRCON INTERNATIONAL LIMITED having to substantiate their
demand.

The CONDITIONS of this obligation are:

(i) If the bidder withdraws his tender during the period of tender validity specified in the
tender or extended validity period as agreed to in writing by the tenderer;

or

(ii) If the successful tenderer having been notified of the acceptance of his tender by IRCON
INTERNATIONAL LIMETED during the period of Bid validity:

(a) fails to sign the Contract Agreement in accordance with the terms of the tender; or

(b) fails to furnish the Performance Guarantee in accordance with the terms of the
tender; or

(c) fails to commence the work within the time period stipulated in the tender.

2. We, the ____________________ [name of bank], and our local branch at Valsad (Indicate
detail address of local HQ/Valsad branch with Code No.), undertake to pay to IRCON

Page 70 of 81
INTERNATIONAL LIMITED up to the above amount upon receipt of their first written
demand, without IRCON INTERNATIONAL LIMITED having to substantiate their
demand, PROVIDED THAT in their demand IRCON INTERNATIONAL LIMITED will
note that the amount claimed by them is due to them owing to the occurrence of one or any
of the above conditions, specifying the occurred condition or conditions.

3. This guarantee will remain valid and in full effect up to and including the date
____________ **. Any demand in respect of this Guarantee should reach the Bank not later
than the above date.

4. We, the ____________ Bank further agree that this guarantee shall be invokable at our
place of business at Valsad/Project HQ (Indicate detail address of branch with Code No.)
***. The branch at Valsad/Project HQ is being advised accordingly.

5. This Bank Guarantee shall be operative only if it is accompanied by a separate advice sent
by______________________ (Name of issuing Bank, with address) on
______________________ (Name of Employer’s Bank, with address) IFS Code
______________________ through Structured Financial Messaging System (SFMS) and
authenticated by the Employer’s bank.

DATE_______________ SIGNATURE OF THE BANK ____________________

SEAL ________________________
WITNESS _____________
[Signature, name and address]

_______________________________________________________________

* The Bank should insert the amount of the guarantee in words and figures denominated in
Indian Rupees. This figure should be the same as mentioned in the Tender Notice named on
top.

** Date to be filled in keeping a margin of minimum 180 days after the last date for submission
of Bids as stated in the “Notice Inviting Tenders” or as executed by IRCON
INTERNATIONAL LIMITED (through corrigenda).

*** The Bank should indicate detailed address of Valsad/Project HQ branch along with its Code
No.

Page 71 of 81
ANNEXURE-X
(Ref. Sub-clause 9.1 c) of Instructions to Tenderers )

(Deleted)

Page 72 of 81
ANNEXURE-XI
(to be executed on a non-judicial stamp paper of requisite value)

PERFORMANCE BANK GUARANTEE (UNCONDITIONAL)

To

IRCON INTERNATIONAL LIMITED,

[Acting through (Project Incharge) & Address of the Project]

WHEREAS [name and address of contractor] (hereinafter called “the


Contractor”) has undertaken, in pursuance of Contract No. dated
to execute the work of ……………………………………(hereinafter called “the Contract.”);

AND WHEREAS it has been stipulated by you in the said Contract that the contractor shall
furnish you with a Bank Guarantee by a Scheduled Bank for the sum specified therein as security
for compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the Contractor, up to a total of [amount of Guarantee],
[amount in words], such sum being payable in the types and proportions of currencies in which
the Contract Price is payable, and we undertake to pay you, upon your first written demand and
without cavil or argument, any sum or sums within the limits of [amount of Guarantee] as
aforesaid without your needing to prove or to show grounds or reasons for your demand for the
sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed there under or of any of the Contract documents which may be
made between you and the Contractor shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid up to (a date 60 days from the date of completion of the work).

We, the Bank further agree that this guarantee shall be invokable at
our place of business at Valsad/Project HQ (indicate detail address of branch with Code No.).*
The branch at Valsad/Project HQ is being advised accordingly.

This Bank Guarantee shall be operative only if it is accompanied by a separate advice sent
by (Name of issuing Bank, with address) on
(Name of Employer’s Bank, with address) IFS Code through
Structured Financial Messaging System (SFMS) and authenticated by the Employer’s bank.

SIGNATURE AND SEAL OF THE GUARANTOR


Name of Bank:
Address:
Date:
*The Bank should indicate detailed address of Valsad/Project HQ branch along with its Code No.

Page 73 of 81
ANNEXURE-XII

(to be executed on a non-judicial stamp paper of requisite value)

BANK GURANTEE FOR RELEASE OF 50% OF RETENTION MONEY

To

IRCON INTERNATIONAL LIMITED,

[Acting through (Project Incharge) & Address of


the Project]

WHEREAS [name and address of contractor*] (hereinafter called “the


Contractor”) has undertaken, in pursuance of Contract No.
dated to execute [name of
Contract and brief description of Works] (hereinafter called “the Contract.”);

AND WHEREAS it has been agreed by you in the said Contract that the Contractor has option to get
release 50% of the Retention Money against un-conditional Bank Guarantee from any Scheduled
Bank acceptable to you as security for compliance with Contractor’s obligation in accordance with
the contract (Sub clause ).

AND WHEREAS the Contractor has opted to get released the 50% of the retention money against an
unconditional Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the Contractor, up to a total of [amount of Guarantee],
[amount in words], such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon
your first written demand and without cavil or argument, any sum or sums within the limits of
[amount of Guarantee] as aforesaid without your needing to prove or to show grounds
or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract or of
the Works to be performed thereunder or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid up to (till the IRCON International Limited certifies repayment
of retention money in accordance with Sub-clause 8.5 of General Conditions of Contract).

We, the Bank further agree that this guarantee shall be invokable at our
place of business at Valsad/Project HQ (indicate detail address of branch with Code No.).* The
branch at Valsad/Project HQ is being advised accordingly.

This Bank Guarantee shall be operative only if it is accompanied by a separate advice sent
by (Name of issuing Bank, with address) on

Page 74 of 81
(Name of Employer’s Bank, with address) IFS Code through
Structured Financial Messaging System (SFMS) and authenticated by the Employer’s bank.

SIGNATURE AND SEAL OF THE


GUARANTOR
Name of Bank:
Address:

*The Bank should indicate detailed address of Valsad/Project HQ branch along with its Code No.

Page 75 of 81
SECTION – 6

GENERAL CONDITIONS OF CONTRACT


(Uploaded as a Separate Booklet)

Page 76 of 81
SECTION - 7
SAFETY, HEALTH AND ENVIRONMENT SPECIFICATIONS
[Uploaded as a Separate Booklet)
Requirements as mentioned in client’s Agreement with employer. Copy enclosed

Page 77 of 81
SECTION –8

TECHNICAL SPECIFICATIONS

[Uploaded as a Separate Booklet)

Page 78 of 81
Section – 9
TECHNICAL TENDER DRAWINGS

(Uploaded in one separate Booklets / Sets) (As Section-9)


Important Note:
The enclosed / uploaded Technical Schedules & Drawings - Plan & Profile and X-
Sections are for tender purpose only. The works shall be carried out as per the
approved drawings and technical schedules which is under preparation and may
vary from the drawings / schedule enclosed in this tender.

Page 79 of 81
Section - 10
BILL OF QUANTITIES / SCHEDULES (BOQ/SCHEDULES)
(Uploaded as a separate Booklet in Excel file to Quote the rate whereas for a
PDF version of BOQ is uploaded for Reference only)

Page 80 of 81
Tenderer(s) may please note that their offers will be evaluated as per the credentials/documents
submitted by the tenderer(s) along with the bid.

For & on behalf of


IRCON INTERNATIONAL LIMITED

General Manager
Ircon International Ltd.,
Near Railway Crossing 112,
Behind Andeshwar Mandir,
Taluka Gandevi, Amalsad,
Distt. Navsari, Gujarat - 396310,
Contact Number: +91+9596653030
Email: ircon.3018@ircon.org

End of Document

Page 81 of 81

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