Professional Documents
Culture Documents
(NIT)
VOLUME – I
1
Bidder Chief Engineer
SAC, Vijayawada
INDEX
NO DETAILS Page No.
4. CONDITIONS OF CONTRACT.
General 31
Time for completion 34
Quality Control 37
Cost Control 39
Finishing the Contract 43
Special Conditions 49
5. TECHNICAL SPECIFICATIONS 51
6. FORMATS OF SECURITIES &Statements (I to VII) & 74
other forms
7. BILL OF QUANTITIES 86
8. PRICE BID 89
9. Schedule-U Form 98
2
Bidder Chief Engineer
SAC, Vijayawada
GOVERNMENT OF ANDHRA PRADESH
SWACHHA ANDHRA CORPORATION
***
NOTICE INVITING TENDERS (NIT)
Tender for the work mentioned below is invited from the Registered Manufacturers/Authorized
dealers
3
Bidder Chief Engineer
SAC, Vijayawada
10.
a) The bidders need to contact the Chief Engineer, SAC, Vijayawada for
information on e-procurement.
c) While registering on the e-procurement market place, bidders need to scan and
upload the required documents as per the tender requirements on to their
profile.
11. It is mandatory for all the participant bidders to electronically pay a Non-
refundable Transaction fee @0.03% of ECV to M/S APTS, the service provider
through "Payment Gateway Service on E-Procurement platform". The Electronic
Payment Gateway accepts all Master and Visa Credit Cards issued by any bank
and Direct Debit facility/Net Banking of ICICI Bank, HDFC, Axis Bank and IDBI
Bank to facilitate the transaction. This is in compliance as per G.O.Ms. 13 dated
05.07.2006. A service tax of 15.00% + Bank charges on the transaction amount
payable to M/S APTS shall be applicable.
Corpus Fund:
b) The successful bidder shall invariably furnish the original DD/BG towards EMD,
certificates/documents of the uploaded scanned copies to the Tender Inviting
Authority before entering into agreement either personally or through courier or
post and the receipt of the same with in the stipulated date shall be the
responsibility of the successful bidder. The Department will not take any
4
Bidder Chief Engineer
SAC, Vijayawada
responsibility for any delay in receipt/non-receipt of original DD/BG towards
EMD, certificates/documents, from the successful bidder before the stipulated
time. On receipt of documents, the Department shall ensure the genuinity of
the DD/BG towards EMD and all other certificates / documents uploaded by the
bidder in e-Procurement system in support of the qualification criteria before
concluding the agreement.
c) If any successful bidder fails to submit the original Hard Copies of uploaded
certificates/Documents, DD/BG towards EMD within the stipulated time or if
any variation is noticed between the uploaded documents and the hard copies
submitted by the bidder, the successful bidder will be suspended from
participating in the tenders on e-Procurement platform for a period of 3 years.
The e-Procurement system would deactivate the user ID of such defaulting
successful bidder based on the trigger/recommendation by the Tender Inviting
Authority in the system. Besides this, the Department shall invoke all processes
of law including criminal prosecution of such defaulting bidder as an act of
extreme deterrence to avoid delays in the tender process for execution of the
development schemes taken up by the Government. The information to this
extent may be displayed in the e-procurement platform website.
13. The bidders shall furnish a declaration in online stating that the soft copies
uploaded by them are genuine. Any incorrectness/deviation noticed will be
viewed seriously and apart from cancelling the work duly forfeiting the EMD,
criminal action will be initiated including suspension of business.
5
Bidder Chief Engineer
SAC, Vijayawada
INSTRUCTIONS TO BIDDERS
A – GENERAL
Name of work:
Manufacture, supply and delivery of Fully Automatic Truck Mounted Refuse Compactor of 14
cum capacity as per specifications including Truck chassis with Driver's cabin & PTO of
BS-IV including loading, mounting, transportation to site, testing commissioning and
other charges etc including AMC for a period of 2 years to 110 ULBs in AP State.
1.1 The Bidder has to Manufacture, supply and delivery of Fully Automatic Truck
Mounted Refuse Compactor of 14 cum capacity as per specifications
including Truck chassis with Driver's cabin & PTO of BS-IV including
loading, mounting, transportation to site, testing commissioning and other
charges etc including AMC for a period of 2 years to 110 ULBs in AP State
as mentioned below.
7
Bidder Chief Engineer
SAC, Vijayawada
59 Vizianagaram Parvathipuram 1
60 Vizianagaram Salur 1
61 Visakhapatnam Narsipatnam 1
62 Visakhapatnam Yellamanchali 1
63 East Godavari Kakinada 3
64 East Godavari Rajahmundry 3
65 East Godavari Tuni 1
66 East Godavari Gollaprolu 1
67 East Godavari Pithapuram 1
68 East Godavari Peddapuram 1
69 East Godavari Samalkota 1
70 East Godavari Yeleswaram 1
71 East Godavari Ramachandrapuram 1
72 East Godavari Mandapeta 1
73 East Godavari Mummidivaram 1
74 East Godavari Amalapuram 1
75 West Godavari Kovvur 1
76 West Godavari Jangareddy Gudem 1
77 Krishna Nuzivid 1
78 Krishna Jaggaiahpet 1
79 Krishna Nandigama 1
80 Krishna Thiruvuru 1
81 Guntur Bapatla 1
82 Guntur Piduguralla 1
83 Guntur Vinukonda 1
84 Guntur Macherla 1
85 Chittoor Palamaneru 1
86 Chittoor Punganur 1
87 Chittoor Madanpalle 1
88 Nellore Sullurpet 1
89 Nellore Naidupet 1
90 Ongole Ongole 3
91 Ongole Chimakurthy 1
92 Ongole Addanki 1
93 Ongole Kandukur 1
94 Ongole Markapur 1
95 Ongole Giddalur 1
8
Bidder Chief Engineer
SAC, Vijayawada
96 Ongole Kanigiri 1
97 Ongole Chirala 1
98 Anantapuramu Hindupur 1
99 Anantapuramu Kadiri 1
100 Anantapuramu Rayadurg 1
101 Anantapuramu Kalyandurgam 1
102 Anantapuramu Puttaparthy 1
103 Anantapuramu Madakasira 1
104 Kurnool Adoni 1
105 Kurnool Atmakur 1
106 Kurnool Allagadda 1
107 Kadapa Pulivendula 1
108 Kadapa Jammalamadugu 1
109 Kadapa Mydukuru 1
110 Kadapa Yerraguntla 1
Total 140
1.2 The Chief Engineer, SAC, Vijayawada, invites tenders for the above work vide
“e” NIT. No .1/SAC/SWM/CE/Tender Notice/2017 Dt.03-02-2017.The
technical bids will be opened on line by the concerned Chief Engineer, SAC,
Vijayawada, at the time and date as specified in the tender documents. All the
statements, documents, certificates, DD/BG etc., uploaded by the bidders will
be down loaded for technical evaluation. The clarifications, particulars if any
required from the bidders will be obtained or in the conventional method by
addressing the bidders. The technical bids will be evaluated against the
specified parameters/ criteria, same as in the case of conventional tenders and
the technically qualified bidders will be identified. The result of technical bid
evaluation will be displayed on the e market place, which can be seen by all
the bidders who participated in the tenders. If the Office happens to be closed
on the dates, the opening of tenders gets automatically postponed to the next
working date, the time being unaltered, unless extended on online through
corrigendum.
1.3 The successful bidder is expected to complete the work within the time period
specified in the NIT.
2 Eligible to Tender:
9
Bidder Chief Engineer
SAC, Vijayawada
ii) Are not blacklisted or debarred or suspended by the
Government for whatever the reason, prohibiting them not to
continue in the contracting business.
iii) Have complied with the eligibility criteria specified in the NIT are
the eligible bidders.
ii) The Bidder who has employed any retired officer as mentioned above shall
be considered as an ineligible bidder.
iii) The bidder himself or any of his employees is found to be Gazetted Officer
who retired from Government Service and had not obtained permission from
the Government for accepting the bidder’s employment within a period of 2
years from the date of his retirement.
iv) The Bidder or any of his employees is found at any time after award of
contract, to be such a person who had not obtained the permission of the
Government as aforesaid before submission of the tender or engagement in
the Bidder’s service.
v) Bidder shall not be eligible to tender for works in the division / circle where
any of his near relatives are employed in the rank of Assistant Engineer or
Assistant Executive Engineers and above on the Engineering side and
Divisional Accounts Officer and above on the administrative side. The Bidder
shall intimate the names of persons who are working with him in any
capacity or are subsequently employed. He shall also furnish a list of
Gazetted /Non-Gazetted, State Government Employees related to him.
Failure to furnish such information bidder is liable to be removed from the list
of approved bidders and his contract is liable for cancellation.
3.1 The bidder shall furnish the following particulars in the formats enclosed,
supported by documentary evidence as specified in the formats.
e) Details of the existing commitments i.e., works on hand and works for which
tenders are submitted in Statement-IV
h) Information regarding any litigation, with Government during the last five
years, in which the Bidder is involved in (Statement-VII)
i) Availability of working capital for the work (Liquid assets, credit facility and
availability of other financial resources such as solvency etc)
3.3.2 Bidder/ Manufacturer should have supplied value of not less than Rs.15.15
Crs of supply of Truck Mounted Refuse Compactors in any single year in
last 5 years i.e, from 2012-2013 to 2016 - 2017. (This value will be updated
to the year 2016 – 2017 in which the tenders for this work is called duly
giving 10% weightage for each financial year).
3.3.4. E.M.D to be paid in the shape of Demand Draft in favour of MD, SAC, Vijayawada
or Unconditional and irrevocable Bank Guarantee in favour of MD, SAC,
11
Bidder Chief Engineer
SAC, Vijayawada
VIJAYAWADAA obtained from Nationalised / Scheduled Commercial Bank, for Rs.
1,13,57,000/- along with bid documents.
NOTE:-
(i) Unconditional and irrevocable Bank Guarantee shall be obtained towards EMD
for the entire specified amount at the time of concluding agreement.
3.3.5. Copy of PAN card with a copy of latest income tax returns for the year 2015-
16 submitted with proof of receipt.
3.3.6. Copy of Value Added Tax (VAT) Registration & Latest valid VAT clearance
certificate
3.3.9. Liquid assets and / or credit facilities of not less than Rs.34.07,11,350 /-
(Credit facility / letter of credits / Solvency certificates from Nationalized
/Scheduled Commercial Banks etc). The solvency certificate shall not be
earlier than 03-01-2017.
3.3.10. Key Technical personnel
Note:- The consent letters of the Technical personnel in the format given
under along with the copies of the educational qualification certificates
shall be furnished.
12
Bidder Chief Engineer
SAC, Vijayawada
CONSENT LETTER
Date:________
Signature :
Name :
(a) The sub bidder‘s / GPA holder’s experience shall not be taken into account in
determining the bidders compliances with the qualifying criteria. The bidders
who meet the requirement qualification criteria will be qualified only if their
available bid capacity is more than the estimated value. The available bid
capacity will be calculated as under:
13
Bidder Chief Engineer
SAC, Vijayawada
Even though the bidders meet the above qualifying criteria, they are liable to be
disqualified / debarred / suspended / blacklisted if they have
participated in the previous bidding for the same work and had quoted
unreasonably high tender percentage and
even while execution of the work, if found that the work was awarded to
the Bidder based on false / fake certificates of experience, the Bidder will
be blacklisted and work will be taken over invoking clause 61 of PS to
APSS.
4.1 Each Bidder shall submit only one Tender for the work. A Bidder who submits
more than one Tender will cause disqualification of all the Tenders submitted by
the Bidder.
14
Bidder Chief Engineer
SAC, Vijayawada
5. Cost of Tendering
5.1. The Bidder shall bear all costs associated with the preparation and submission
of his
Tender and the tender inviting authority will in no case be responsible and liable
for those costs.
15
Bidder Chief Engineer
SAC, Vijayawada
B. T ENDER DOCUMENT
8.2 Any addendum/amendments issued by the Tender Inviting Officer shall be part
of the
Tender Document and it shall be communicated through on line at e-market
place.
8.3 To give prospective Bidders reasonable time to take an addendum into account
in
preparing their bids, the Tender Inviting Officer may extend if necessary, the
last date
for submission of tenders.
8.4 The Chief Engineer, SAC, Vijayawada, reserves the right to reject any tender or
all
the tenders without assigning any reason there for. Any bidders shall have no
cause of
action or claim against the SAC or its officers, employees, successors or
assignee for
rejection of his tender.
16
Bidder Chief Engineer
SAC, Vijayawada
C. PREPARATION OF TENDERS.
17
Bidder Chief Engineer
SAC, Vijayawada
The information to this extent may be displayed in the e-procurement platform
website.
10.5 The bidder shall mandatorily pay the transaction fee to APTS through the
electronic payment Gateway.
11 Bid Offer:
11.1. Bill of Quantities called Schedule “A” and the bid offer accompanies the tender
document as Volume-II. It shall be explicitly understood that the Tender Inviting
Officer does not accept any responsibility for the correctness or completeness of
this schedule ‘A’ and this schedule ‘A’ is liable to alterations by omissions,
deductions or additions at the discretion of the Chief Engineer, SAC, Vijayawada
or as set forth in the conditions of the contract. The Schedule “A” shall contain the
items of work indicated as part–I and LS provisions as part–II. The percentage
quoted by the bidder shall be applicable only to part–I. However, the provisions
contained in the part–II will be operable basing on the conditions provided in the
Tender Document. The bidders will have to state clearly their willingness to
supply the vehicles at certain specific percentage of excess or less or at par of
the ECV indicated in Part-I at the space provided therein in Schedule ‘A’.
The L.S. amounts indicated in part-II are maximum reimbursable amounts. The
bidder should however quote his lump sum tender based on this schedule of
quantities. He should quote his offer as overall tender percentage. The overall
tender percentage should be both in words and figures.
11.2 The Schedule –A (or Price-bid) contains not only the quantities but also the rates
worked out by the Department and the amount for each item and total value of
the estimated contract. The bidder should workout his own rates keeping in view
the work, site conditions and quote his overall tender percentage with which he
intends to execute the work.
11.3 The bid offer shall be for the whole work and not for individual items / part of the
work.
11.4 All duties, taxes, and other levies payable by the bidder as per State / Central
Government rules, excluding VAT shall be included in the tender percentage
quoted by the bidder.
11.5 The tendered contract amount as computed based on overall tender percentage is
subject to variation during the performance of the Contract in accordance with
variation in quantities etc.
11.6 payable to APTS
The service charges payable to MD, APTS, Vijayawada are as indicated below.It
is mandatory for all the participant bidders to electronically pay a Non-refundable
Transaction fee @0.03% of ECV to M/S APTS, the service provider through
"Payment Gateway Service on E-Procurement platform". The Electronic Payment
Gateway accepts all Master and Visa Credit Cards issued by any bank and Direct
Debit facility/Net Banking of ICICI Bank, HDFC, Axis Bank and IDBI Bank to
facilitate the transaction. This is in compliance as per G.O.Ms. 13 dated
05.07.2006. A service tax of 15.00% + Bank charges on the transaction amount
payable to M/S APTS shall be applicable.
Corpus Fund:
18
Bidder Chief Engineer
SAC, Vijayawada
As per GO MS No.4 User departments shall collect 0.04% of ECV (estimated
contract value) with a cap of Rs.10,000 (Rupees ten thousand only) for all works
with ECV up to Rs.50 Crores, and Rs.25,000/- (Rupees twenty five thousand
only) for works with ECV above Rs.50 Crores, from successful bidders on e-
procurement platform before entering into agreement / issue of purchase orders,
towards e-procurement fund in favour of Managing Director, APTS. There shall
not be any charge towards e – procurement fund in case of works, goods and
services with ECV less than and up to Rs.10lakhs.
The above fee is payable by the successful bidder through a D.D. drawn in
favour of Managing Director, APTS, Hyderabad at the time of conclusion of the
agreement.
The said DD shall be sent to Managing Director, APTS by the Chief Engineer,
SAC , Vijayawada who is entering in to agreement with the successful bidder.
12.1 Tenders shall remain valid for a period of 90 days from the last date for receipt of
Tender specified in NIT.
12.2 During the above mentioned period no plea by the bidder for any sort of
modification
of the tender based upon or arising out of any alleged misunderstanding of
misconceptions or mistake or for any reason will be entertained.
12.3 In exceptional circumstances, prior to expiry of the original time limit, the Tender
Inviting Officer may request the bidders to extend the period of validity for a
specified
additional period. Such request to the Bidders shall be made in writing. A Bidder
may refuse the request without forfeiting his E.M.D. A Bidder agreeing to the
request will not be permitted to modify his Tender, but will be required to extend
the validity of his E.M.D. for a period of the extension.
13.2 Demand Drafts / Bank Guarantees furnished towards EMD at the time of
submission of bid shall be valid for a period of six months. (In case of DDs
extendable to 6 Months) from the date of tender notice.
13.3 The EMD of Bidders will be returned no sooner the tenders are finalised or end
date of the Tender validity period whichever is earlier.
13.4. The 1% E.M.D. paid by the successful Bidder at the time of submission of hard
copies
of Tender documents through Demand Draft will be discharged and the Bidder
shall
furnish Bank Guarantee for the full EMD of 2½% at the time of concluding
agreement.
13.5. The earnest money deposited by the successful bidder will not carry any interest
and it
will be dealt with as provided in the conditions stipulated in the tender. The E.M.D.
given in the form of Bank Guarantee on a Nationalized / Scheduled commercial
Bank shall be valid for the duration of contract period plus defect liability
period of two years and in case any valid extension of contract period is
granted, the validity of BG shall also be extended for the corresponding period.
The Bank Guarantee on Nationalized / Scheduled commercial Bank furnished by
the bidder towards additional security amount shall be valid till the work is
completed in all respects.
13.8. If any successful bidder fails to submit the original hard copies of uploaded
certificates /documents, DD/BG towards EMD within the stipulated time or if any
variation is noticed between the uploaded documents and the hard copies
submitted by the bidder, the successful bidder will be suspended from
participating in the tenders on e-procurement platform for a period of 3 years. The
e-procurement system would deactivate the user ID of such defaulting successful
bidder based on the trigger/recommendations by the Tender Inviting Authority in
the system. Besides this, the Department shall invoke all processes of law
including criminal prosecution of such defaulting bidder as an act of extreme
deterrence to avoid delays in the tender process for execution of the development
20
Bidder Chief Engineer
SAC, Vijayawada
schemes taken up by the Government. The information to this extent may be
displayed in the e-procurement platform website.
14.1 If the tender is made by an individual, it shall be signed with his full name and his
address shall be given. If it is made by a firm, it shall be signed with the company
partnership name by a authorized member of the firm, who shall also sign his own
name, and the name and address of each member of the firm shall be given, if
the tender is made by a corporation it shall be signed by a duly authorized officer
who shall produce with his tender satisfactory evidence of his authorization. Such
tendering corporation may be required before the contract is executed, to furnish
evidence of its corporate existence. Tenders signed on behalf of G.P.A. holder
will be rejected.
14.2 The Tender shall contain no alterations or additions, except those to comply
with instructions issued by the Tender Inviting Officer, or as necessary to correct
errors made by the Bidder, in which case all such corrections shall be initialed
by the person signing the Tender.
14.3 No alteration which is made by the bidder in the contract form, the conditions of
the contract, the drawings, specifications or statements / formats or quantities
accompanying the same will be recognized; and, if any such alterations are
made the tender will be void.
21
Bidder Chief Engineer
SAC, Vijayawada
D. SUBMISSION OF TENDERS.
15.2 Furnishing of hard copies by the bidders before opening of the Price bids is
dispensed with.
15.3 The technical bid evaluation of the bidders will be done on the certificates /
documents uploaded through online only towards qualification criteria furnished
by them.
15.4 All the bidders shall invariably upload the scanned copies of DD/BG in e-
Procurement system and this will be the primary requirement to consider the
bid as responsive. The Department shall carry out the technical bid evaluation
solely based on the uploaded certificates/documents, DD/BG towards EMD in
the e-procurement system and open the price bids of the responsive bidders.
The Department will notify the successful bidder for submission of original hard
copies of all uploaded documents, DD/BG towards EMD prior to entering into
agreement.
15.5 The successful bidder shall invariably furnish the original DD/BG towards EMD,
certificates/documents of the uploaded scanned copies to the Tender Inviting
Authority before entering into agreement either personally or through courier or
post and the receipt of the same within the stipulated date shall be the
responsibility of the successful bidder. The Department will not take any
responsibility for any delay in receipt/non-receipt of original DD/BG towards
EMD, certificates/documents, from the successful bidder before the stipulated
time. On receipt of documents, the Department shall ensure the genuinity of the
DD/BG towards EMD and all other certificates / documents uploaded by the
bidder in e-Procurement system in support of the qualification criteria before
concluding the agreement.
15.6 The bidder shall mandatorily pay the transaction fee to APTS through the
electronic payment Gateway.
15.7 If any bidder fails to submit the original DD/BG for EMD, hard copies of
uploaded documents within the stipulated time, the bidder will be suspended
/disqualified from participating in the tenders on e-procurement platform for a
period of 36 months from the date of bid submission. The suspension of bidder
shall be automatically enforced by the e-procurement system.
15.8 The bidders shall furnish a declaration in online stating that the soft copies
uploaded by them are genuine. Any incorrectness/deviation noticed will be
viewed seriously and apart from cancelling the work duly forfeiting the EMD,
criminal action will be initiated including suspension of business.
16.1 Tenders must be submitted not later than the date and time specified in NIT. In
the event of the specified date / time for the submission of bids declared as
holiday, the bids will be received on the next working day.
16.2 The Chief Engineer, SAC, Vijayawada, may extend the dates for issue and
receipt of Tenders by issuing an amendment in which case all rights and
obligations of the Chief Engineer, SAC, Vijayawada, and the Bidders will remain
same as previously.
17 Late Tenders.
17.1 Any Tender received after the last date / time prescribed in NIT will be
summarily rejected.
23
Bidder Chief Engineer
SAC, Vijayawada
E. TENDER OPENING AND EVALUATION
19 Tender opening
19.1 The technical bids will be opened on line by the concerned Chief Engineer,
SAC, Vijayawada, at the time and date as specified in the tender documents.
All the statements, documents, certificates, DD/BG etc., uploaded by the bidders
will be down loaded for technical evaluation. The clarifications, particulars if any
required from the bidders will be obtained or in the conventional method by
addressing the bidders. The technical bids will be evaluated against the
specified parameters/ criteria, same as in the case of conventional tenders and
the technically qualified bidders will be identified. The result of technical bid
evaluation will be displayed on the e market place, which can be seen by all the
bidders who participated in the tenders. If the Office happens to be closed on
the dates, the opening of tenders gets automatically postponed to the next
working date, the time being unaltered, unless extended on online through
corrigendum.
19.2 The technical bid containing qualification requirements as per Annexures I & II
and Statement I to VII will be evaluated by the tender opening authority and
place it before the Technical Evaluation Committee constituted vide G.O.
Rt.No.696 of MA&UD(B2) Dept., dt:09.11.2016.
20.1 The tender opening authority may call upon any bidder for clarification on the
statements, documentary proof relating to the technical bid. The request for
clarification and response thereto shall be in writing and it shall be only on the
qualification information furnished by the bidder. The clarification called for from
the bidders shall be furnished within the stipulated time, which shall not be more
than a week.
20.2 The bidder if so desirous shall agree in writing to furnish the clarification called
for within the stipulated time and, for disqualification and rejection of his tender
in the event of failure to do so.
21.1 The Chief Engineer, SAC, Vijayawada, will evaluate whether each Bidder is
satisfying the eligibility criteria prescribed in the tender document and declares
them as a qualified Bidder.
The Chief Engineer, SAC, Vijayawada, who was delegated with the powers to
invite the tenders will open and evaluate the tenders as per the qualification
criteria. Before recommending / accepting the tender, the tender opening
authority shall verify the correctness of certificates submitted to meet the
eligibility criteria and specifically for experience, the authenticated agreements
of previous works executed by the lowest bidder, shall be called for.
21.2 The Technical Evaluation Committee shall approve the technical bids of the
bidders whose technical Bids are found satisfying the eligibility criteria and
direct the Chief Engineer, SAC, Vijayawada, to open the price bids of such
bidders.
24
Bidder Chief Engineer
SAC, Vijayawada
21.3 If the technical bid of a Bidder is not satisfying any of the eligibility criteria it will
be rejected by the Chief Engineer, SAC, Vijayawada. However, the Technical
Evaluation Committee constituted vide G.O. Rt.No.696 of MA&UD(B2) Dept.,
dt:09.11.2016.
detects any error in the evaluation of Tenders by the Chief Engineer, SAC,
Vijayawada, the Technical Evaluation Committee while returning the tenders
may direct the Chief Engineer, SAC, Vijayawada, SAC, to re-evaluate the
tenders.
21.4 If any alteration is made by the bidder in the tender documents, the conditions of
the contract, the drawings, specifications or statements / formats or quantities
the tender will be rejected.
22.1 Only the Price Bids of qualified Bidders whose technical Bids are found
satisfying the eligibility criteria shall be opened.
22.2 The Price Bid of the Unqualified Bidders will not be opened and thereafter
E.M.D. will be returned to the bidders.
22.3 Tenders shall be scrutinized in accordance with the conditions stipulated in the
Tender document. In case of any discrepancy of non-adherence Conditions the
Tender Evaluation Committee shall communicate the same which will be binding
both on the tender Opening authority and the Bidder. In case of any ambiguity,
the decision taken by the Tender Evaluation Committee on tenders shall be
final.
23.1 The Chief Engineer, SAC, Vijayawada, will evaluate and compare the price bids
of all the qualified Bidders and place it before the Tender Committee constituted
vide G.O. Rt.No.696 of MA&UD(B2) Dept., dt:09.11.2016. for approval and direct the
Chief Engineer, SAC, Vijayawada, to issue Letter Of Acceptance to successful
bidder.
23.2 Negotiations at any level are strictly prohibited. However, good gesture rebate, if
offered by the lowest bidder voluntarily prior to finalization of tenders may be
accepted by the tender accepting authority.
23.3 Selection of Bidder among the lowest & equally quoted bidders will be in the
following order:
The bidder whose bid capacity is higher will be selected.
In case the bid capacity is also same the bidder whose annual
turnover is more will be preferred.
Even if the criteria incidentally become the same, the turnover on
similar works and then the clean track record will be considered
for selection.
24 Process to be Confidential.
25
Bidder Chief Engineer
SAC, Vijayawada
24.1 Information relating to the examination, clarification, evaluation and comparison
of Tenders and recommendations for the award of a contract shall not be
disclosed to Bidders or any other persons not officially concerned with such
process until the award to the successful Bidder has been announced by the
tender accepting authority. Any effort by a Bidder to influence the processing of
Tenders or award decisions may result in the rejection of his Tender.
24.2 No Bidder shall contact the Chief Engineer, SAC, Vijayawada, or any authority
concerned with finalization of tenders on any matter relating to its Tender from
the time of the Tender opening to the time the Contract is awarded. If the Bidder
wishes to bring additional information to the notice of the Chief Engineer, SAC,
Vijayawada, it should do so in writing.
26
Bidder Chief Engineer
SAC, Vijayawada
F. AWARD OF CONTRACT
25 Award Criteria
25.1 The Chief Engineer, SAC, Vijayawada, will award the contract to the successful
bidder whose tender is approved by the Tender Committee constituted by
Government vide G.O. Rt.No.696 of MA&UD(B2) Dept., dt:09.11.2016.
25.2 The tender accepting authority reserves the right to accept or reject any Tender
or all tenders and to cancel the Tendering process, at any time prior to the
award of Contract, without thereby incurring any liability to the affected Bidder or
Bidders or any obligation to inform the affected Bidder or Bidders of the reasons
for such action.
26.1 The Bidder whose Tender has been accepted will be notified of the award of the
work by the Chief Engineer, SAC, Vijayawada, prior to expiration of the Tender
validity period either by registered letter or computer generation (e-
procurement). This letter (hereinafter and in the Conditions of Contract called
“Letter of Acceptance”) will indicate the sum that the Government will pay the
Bidder in consideration of the supply , commission, and maintenance of the
Vehicles by the Bidder as prescribed by the Contract (hereinafter and in the
Contract called the “Contract Amount”).
26.2 When a tender is to be accepted the concerned bidder shall attend the office of
the Chief Engineer, SAC, Vijayawada, concerned on the date fixed in the Letter
of acceptance. Upon intimation being given by the Chief Engineer, SAC,
Vijayawada, of acceptance of his tender, the bidders shall make payment of the
balance E.M.D., and additional security deposit wherever needed by way of
Demand Draft or unconditional and irrevocable Bank Guarantee obtained from a
Nationalized / Scheduled commercial Bank with a validity period of 30(2+4+24)
months, and sign an agreement in the form prescribed by the department for the
due fulfillment of the contract. Failure to attend the Chief Engineer, SAC,
Vijayawada, office on the date fixed, in the written intimation, to enter into the
required agreement shall entail forfeiture of the Earnest Money deposited. The
written agreement to be entered into between the bidder and the Government
shall be the foundation of the rights and obligations of both the parties and the
contract shall not be deemed to be complete until the agreement has first been
signed by the bidder and then by the proper officer authorized to enter into
contract on behalf of the Government.
26.3 The successful bidder has to sign an agreement within a period of 15 days from
the date of receipt of communication of acceptance of his tender
26.4 If the lowest bidder backs out at the time of agreement, penalty of forfeiture of
EMD will be imposed and business of the agency will be suspended for one
27
Bidder Chief Engineer
SAC, Vijayawada
year with all the Departments in A.P in respect of conventional tenders also vide
G.O.Ms.No. 259 of T, R&B (R.V) dept., dt. 6.9.2008
(a) define for the purposes of the provision, the terms set forth below as
follows:
(b) Will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in
competing for the contract in question.
(c) Will blacklist / or debar a firm, either indefinitely or for a stated period of
time, if at any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing a Government
Contract.
(d) Furthermore, Bidders shall be aware of the provisions stated in the General
Conditions of Contract.
28
Bidder Chief Engineer
SAC, Vijayawada
FORMS OF TENDER
QUALIFICATION INFORMATION
Annexure –I
CHECKLIST TO ACOMPANY THE TENDER
Notes:-
1. The statements furnished shall be in the formats appended to the tender
document.
2. The information shall be filled-in by the bidder in the checklist and statements I
to VII, and shall be enclosed to the Technical bid for the purposes of verification
as well as evaluation of the bidder’s Compliance to the qualification criteria as
provided in the Tender document. All the Certificates, documents, statements as
per check-list shall be submitted on line by the bidder.
3. The bidder shall sign on all the statements, documents, certificates uploaded by
him owning the responsibility for their correctness/authenticity.
29
Bidder Chief Engineer
SAC, Vijayawada
DECLARATION
I / WE ………………………………………………………………. have gone through
carefully all the Tender conditions and solemnly declare that I / we will abide by any
penal action such as disqualification or black listing or determination of contract or any
other action deemed fit, taken by, the Department against us, if it is found that the
statements, documents, certificates produced by us are false / fabricated.
I / WE hereby declare that, I / WE have not been blacklisted / debarred / Suspended /
demoted in any department in Andhra Pradesh or in any State due to any reasons.
Signature of the
Bidder
30
Bidder Chief Engineer
SAC, Vijayawada
CONDITIONS OF CONTRACT
A. GENERAL
1. Interpretation:
1.1 In interpreting these Conditions of Contract, singular also means plural, male
also means female, and vice-versa. Headings have no significance. Works have
their normal meaning under the language of the contract unless specifically
defined.
1.2 The documents forming the Contract shall be interpreted in the following order
of priority:
1) Agreement
2) Letter of Acceptance, notice to proceed with the works
3) Bidder’s Tender (Technical bid)
4) Conditions of contract
5) Specifications
6) Bill of quantities (Price-bid)
7) Any other document listed as forming part of the Contract.
2. Communications:
2.1 Communications between parties, which are referred to in the conditions, are
effective only when in writing. A notice shall be effective only when it is delivered
(in terms of Indian Contract Act)
3. Personnel:
3.1 The Bidder shall employ the required Key Personnel named in the Schedule of
Key Personnel to carry out the functions stated in the Schedule.
3.2 Failure to employ the required technical personnel by the bidder action will be
taken as mentioned in para 3.6
3.3 The technical personnel should be on full time and available at workshop
whenever required by the ULB.
3.4 The names of the technical personnel to be employed by the bidder should be
furnished in the statement enclosed separately.
3.5 In case the bidder is already having more than one work on hand and has
undertaken more than one work at the same time, he should employ separate
technical personnel on each work.
3.6 If the bidder fails to employ technical personnel the vehicle will be get repaired
when breakdown occurs by the ULB at the risk of the supplier duly engaging a
technical personnel and recover the cost thereof from the bidder.
4. Bidder’s Risks:
4.1 All risks of loss of or damage to physical property and of personnel injury and
death, which arise during and in consequence of the performance of the
Contract are the responsibility of the Bidder.
31
Bidder Chief Engineer
SAC, Vijayawada
5. Insurance:
5.1 The Bidder shall provide, in the joint names of the ULB and the bidder,
comprehensive insurance cover from the initial period of 1 year from after
completion of commissioning of vehicle for the following events which are due
to the Bidder’s risks.
5.2 Copy of Policies and certificates of insurance shall be delivered by the Bidder to
the Chief Engineer, SAC, Vijayawada, at the time of concluding Agreement.
Bidder shall obtain ‘CAR’ policy& workmen’s compensation Insurance policy for
the AMC period and ‘CECR’ policy for ‘Defect Liability Period which will have
comprehensive coverage of all risks right from the commencement of supply till
the end of Defect Liability Period. The bidder shall adhere scrupulously to the
agreement provisions by paying the premium amount under “Normal Excess
Rates” to fulfil the objective of the GO by providing the Insurance coverage to
the complete work. All such insurance shall provide for compensation to be
payable to rectify the loss or damage incurred as per BOCE decision during the
meeting held on 08.03.2011.
i) The bidder shall furnish comprehensive insurance policy for initial period of
1 year in force in accordance with proposal furnished in the Tender and
approved by the Department for concluding the agreement.
ii) The ULB shall pay regularly the subsequent insurance premia well in
advance.
iii) In case of failure to act in the above said clause 5.2(i) manner the ULB will
pay the premium and the same will be recovered from the Bidders
payments.
5.3 Alterations to the terms of insurance shall not be made without the approval of
the Engineer-in-Charge of the vehicle at ULB level.
6. The Bidder shall manufacture and Commission the vehicle in accordance with the
specifications and Drawings.
7.1 The Bidder may commence manufacture of the vehicles from date of LoA and
shall carry out the Works in accordance with the programme submitted by the
Bidder, as updated and complete the work by the Intended Completion Date.
8. Settlement of disputes:
8.1 If any dispute or difference of any kind whatsoever shall arise between the
department and the bidder in connection with, or arising out of the contract, of
the supply of the vehicles, whether during the progress of the work or after
32
Bidder Chief Engineer
SAC, Vijayawada
their completion and whether before or after the termination, abandonment or
breach of the Contract, it shall in the first place, be referred to and settled by
the Chief Engineer ,SAC who shall, within a period of thirty days after being
requested by the bidder to do so, give written notice of his decision to the
bidder. Upon receipt of the written notice of the decision of the Chief Engineer
,SAC the bidder shall promptly proceed without delay to comply with such
notice of decision.
8.2 Except as otherwise providing in the contract, any disputes and differences
arising out of or relating to the contract shall be referred to adjudication as
follows:
A) i) Settlement of all claims up to Rs. 50,000/- in value and below by way of
arbitration to be referred as follows :
a) Claims up to Rs. 10,000/- in value : COO, SAC, Vijayawada,
b) Claims above Rs. 10,000/- and up to Rs. 50,000/- in value: CE, SAC,
Vijayawada
The arbitration proceedings will be conducted in accordance with the
provisions of the Arbitration Act., 1940 as amended from time to time. The
arbitrator shall invariably give reason in the award.
ii) Settlement of all claims above Rs. 50,000/- in value.
A) All claims above Rs. 50,000/- in value shall be decided by the Civil Court of
competent jurisdiction,Vijayawada by way of a regular civil suit and not by
arbitration.
B) A reference for adjudication under this clauses shall be made by either party to
the contract within six months from the date of intimating the bidder of the
preparation of final bill or his having accepted payment whichever is earlier.
C) The relevant clause of A.P. Standard Specification stands modified to the
extent provided in this clause.
Note: Claims means all claims in that contract.
33
Bidder Chief Engineer
SAC, Vijayawada
B. TIME FOR COMPLETION
9. Program:
9.1 The total period of completion is “Four (4)” months from the date of entering
with agreement to proceed including rainy season. Keeping in view, the
schedule for handing over of vehicle given in condition 9.2 below, the supply
should be programmed such as to achieve the mile-stones as in “Rate of
progress statement” enclosed.
9.2 The attention of the bidder is directed to the contract requirement at the time of
beginning of the work, the rate of progress and the dates for the whole supply
and its several parts as per milestones. The following rate of progress and
proportionate value of supply done from time to time as will be indicated by the
Chief Engineer, SAC. Certificate for the value of supply done and completion of
mile-stones will be required. Date of commencement of their programme will be
the date for concluding agreement.
9.3 After signing the agreement, the bidder shall forthwith begin the work, shall
regularly and continuously proceed with them.
9.5 The bidder shall commence the works within the period specified under
condition 9.1 to 9.3 above after the receipt by him of a written order to this effect
from the Chief Engineer, SAC, Vijayawada, SAC, and shall proceed with the
same with due expedition and without delay, except as may be expressly
sanctioned or ordered by the Chief Engineer, SAC, Vijayawada, or be wholly
beyond the bidder’s control.
9.6 Subject to any requirement in the contract as to completion of any section of the
supply before completion of the whole of the supply shall be completed in
accordance with provisions of clauses in the Schedule within the time stated in
the contract calculated from the last day of the period named in the statement to
the tender as that within which the works are to be commenced or such
extended time as may be allowed.
10.1 The Bidder shall furnish immediately of the order of the supply a programme
showing the sequence in which he proposed to carry out the supply, monthly
progress expected to be achieved, also indicating date of procurement of
materials plant and machinery. The schedule should be such that it is
practicable to achieve completion of the whole supply within the time limit fixed
and in keeping with the Mile stone programme specified and shall obtain the
approval of the Chief Engineer, SAC, Vijayawada Further rate of the progress
as in the program shall be kept up to date. In case it is subsequently found
necessary to alter this program, the bidder shall submit sufficiently in advance
the revised program incorporating necessary modifications and get the same
approved by the Chief Engineer, SAC, Vijayawada. No revised program shall
be operative without approval of Chief Engineer, SAC, Vijayawada.
10.2 The Chief Engineer, SAC, Vijayawada, shall have all times the right, without
any way violating this contract, or forming grounds for any claim, to alter the
order of progress of the works or any part thereof and the bidder shall after
receiving such directions proceed in the order directed. The bidder shall also
report the progress to the Chief Engineer, SAC, Vijayawada, within 7 days of
direction to alter the order of progress of works.
10.3 The Bidder shall give written notice to the Chief Engineer, SAC, Vijayawada
whenever planning or progress of the works is likely to be delayed or disrupted
within a reasonable time. The notice shall include details of the order required
and of why and by when it is required and of any delay or disruption likely to be
suffered if it is late.
11.1 The Bidder shall at all times maintain the progress of supply to conform to the
latest operative progress schedule approved by the Chief Engineer, SAC. The
bidder should furnish progress report indicating the programme and progress
once in a month.
11.2 Delays in supply or neglect of supply and forfeiture of earnest money, Security
deposit and withheld amounts:
35
Bidder Chief Engineer
SAC, Vijayawada
If, at any time, the CE,SAC shall be of the opinion that the Bidder is delaying
supplyinh of vehicles or violating any of the provisions of the Bidder is
neglecting or delaying the progress of the supply as defined by the tabular
statement. “Rate of progress” in the Articles of Agreement”, he shall so advise
the Bidders in writing and at the same time demand compliance in accordance
with conditions of Tender notice. If the Bidder neglects to comply with such
demand within seven days after receipt of such notice, it shall then or at any
time thereafter, be lawful for the CE,SAC to take suitable action in accordance
with Clause.60 of APSS.
12.1 If the Bidder has delayed the completion of supply the Contract will be
Terminated under Clause.61 of APSS.
13.1 The Chief Engineer, SAC, Vijayawada, shall extend, in accordance with the
Government orders in force, the Intended Completion Date if a Variation is
issued which makes it impossible for Completion to be achieved by the Intended
Completion Date.
36
Bidder Chief Engineer
SAC, Vijayawada
C. QUALITY CONTROL
i) In addition to the bidder is required to cooperate and extend all facilities for the
routine / regular / surprise, quality control inspections for the quality check
inspections of third party personnel if any engaged by SAC.
37
Bidder Chief Engineer
SAC, Vijayawada
ii) The bidder shall test all the vehicles as per agreement specifications and results
shall be recorded duly signed by the bidder or his representative and the Third
party engaged by SAC .
In addition to above, after the supply of vehicle to ULB , SAC is at liberty to recheck
the vehicle supplied at the cost of the bidder by the third party and results shall be
binding. If any non-compliance to the specifications is noticed, the vehicle will be
rejected and payment made if any will be recovered from the bidder.
38
Bidder Chief Engineer
SAC, Vijayawada
D. Cost Control
19.2 The Bidder is paid for the quantity of the vehicles supplied at the estimate rate in
the Bill of Quantities for each item plus or minus Tender percentage.
20.1.1 The rates shall be derived by adding to or subtracting from the agreement rate
of such similar item the cost of the difference in the quantity of materials labour
between the new items and similar items in the agreement worked out with
reference to the quotations in the sanctioned estimate with which the tenders
are accepted plus or minus over all tender percentage.
20.1.2 (a) Similar items but the rates of which cannot be directly deduced from
the original agreement.
(b) Purely new items which do not correspond to any item in the agreement.
20.1.3 The rates of all such items shall be Estimated Rates plus or minus overall
Tender premium.
21.1 The Bidder shall submit to the Chief Engineer,SAC monthly statements of the
estimated value of the supply completed less the cumulative amount certified
previously.
21.2 The Chief Engineer,SAC shall check the Bidder’s monthly statement within 7
days.
21.3 The value of vehicles supplied shall be determined by the Chief Engineer,SAC
after getting the reports from ULBs.
21.4 The value of vehicles supplied shall comprise the value of the quantities of the
items in the Bill of Quantities completed.
22. Payments:
22.1 Payment for the vehicles supplied by the bidder will be made by the SAC for the
supplied and commissioned vehicle based on the test certificate issued by the
Third party engaged by the SAC and taken over certificate from the
Commissioner of respective ULB. The bidder shall be present at the time and
accept them then and there so as to avoid disputes at a later stage. If the bidder
39
Bidder Chief Engineer
SAC, Vijayawada
is not available at the work spot at the time shall be signed by the authorized
agent of bidder based on which the bidder shall accept without any further
dispute. If for any reason the bidder’s authorized agent is also not available the
department shall not entertain any claim from the bidder for any loss incurred by
him on this account. The Bidder shall however note that the Department cannot
indefinitely wait for test certificates due to the absence of the Bidder and his
authorized agent and issue them even in the absence of the bidder.
22.2 Deleted.
22.3 Payments and Certificates:
Payment will be made to the Bidder by SAC under the certificate of tested and
commissioned of the vehicle, which will be issued within 14 days from the
supply by the third party engaged by SAC. Under the certificate which will be
issued by the third party engaged by SAC on the satisfactory completion of the
entire supply, and taken over certificate from the Commissioner of respective
ULB , the Bidder will receive the final payment of all the money due or payable
to him under or by virtue of the contract except security deposit furnished at the
time of entering into agreement and a sum equal to 2 1/2% of the total value of
the work done. This amount (i.e. 2 1/2 % of the total value of the work done
recovered in the final payment) will be returned at the end of the defect liability
period subject to the satisfactory performance of the contract in all respects. The
bank guarantee furnished as security deposit at the time of entering into
agreement will be released only after the expiry of the defect liability period
subject to the satisfactory performance of the contract in all respects. The bank
guarantee furnished if any as extra security deposit at the time of entering into
agreement will be released only after satisfactory completion of the contract.
22.3.1 In case of over payments or wrong payment if any made to the bidder due to
wrong interpretation of the provisions of the contract, APSS or Contract
conditions etc., such unauthorized payment will be deducted in the subsequent
bills or final bill for the work or from the bills under any other contracts with the
Government or at any time thereafter from the deposits available with the
Government.
22.3.2 Any recovery or recoveries advised by the Government Department either state
or central, due to non-fulfillment of any contract entered into with them by the
bidder shall be recovered from any bill or deposits of the bidder.
22.3.6 No claim shall be entertained, if the same is not represented in writing to Chief
Engineer, SAC within 15 days of its occurrence.
22.3.7 The bidder is not eligible for any compensation for inevitable delay in handing
over the vehicle or for any other reason. In such case, suitable extensions of
time will be granted after considering the merits of the case.
24.1 The percentage quoted by the Bidder is exclusive of Value Added Tax (VAT) .
24.2 VAT component loaded in Part ‘II’ of the schedule shall be added in each bill of
the Bidders.
25.1 If for any reason, which does not entitle the bidder to an extension of item, the
rate of progress of works, or any section is at any time, in the opinion of the
Chief Engineer, SAC, Vijayawada, too slow to ensure completion by the
prescribed time or extended time for completion Chief Engineer, SAC,
Vijayawada, shall so notify the bidder in writing and the bidder shall there upon
41
Bidder Chief Engineer
SAC, Vijayawada
take such steps as are necessary and the Chief Engineer, SAC, Vijayawada,
may approve to expedite progress so as to complete the works or such section
by the prescribed time or extended time. The bidder shall not be entitled to any
additional payment for taking such steps.
25.2 If the bidder fails to complete whole of the works or any part thereof or section of
the works within the stipulated periods of individual mile stones (including any
bonafide extensions allowed by the competent authority without levying
liquidated damages), the Chief Engineer, SAC, Vijayawada, may without
prejudice to any other method of recovery will deduct one tenth of one percent
of contract value per calendar day or part of the day for the period of delays
subject to a maximum of 10% of the contract value not as a penalty from any
monies in his hands due or which may become due to the bidder. The payment
or deductions of such damages shall not relieve the bidder from his obligation to
complete the works, or from any other of his obligations and liabilities under the
contract.
25.3 The liquidated damages will be deducted at the rate of Rs.50/- per lakh Per
day for the period of delay for the unfinished work. The maximum amount of
liquidated damages for the whole of the works is ten percent of final contract
price.
26. Securities: The Earnest Money Deposit and Additional Security (for discount tender
percentage beyond 25%) shall be provided to the Department not later than the date
specified in the Letter of Acceptance and shall be issued in an amount and form and by
a bank acceptable to the Department. The Earnest Money shall be valid until a date 28
days from the date of expiry of Defects Liability Period and the additional security shall
be valid until a date 28 days from the date of issue of the certificate of completion.
27. Cost of Repairs: Loss or damage to the vehicle or materials between the Start
Date and the end of the Defects Liability Period shall be remedied by the Bidder
at the Bidder’s cost if the loss or damage arises from the Bidder’s acts or
omissions.
42
Bidder Chief Engineer
SAC, Vijayawada
E. FINISHING THE CONTRACT
28. Completion: The Bidder shall request the concerned Municipal Commissioner of
ULB to issue a Certificate of completion of the supply and Municipal
Commissioner of ULB will do so upon deciding that the supply is completed.
29. Taking Over: The ULB shall takes over the Vehicle within seven days of the issuing a
certificate of Completion.
30. Final Account:The Bidder shall submit to the Chief Engineer, SAC a detailed account of
the total amount that the Bidder considers payable under the Contract well before the end
of the Defects Liability Period. The Third Party engaged by SAC shall issue a Defects
Liability Certificate and certify any final payment that is due to the Bidder within 21 days of
receiving the Bidder’s account if it is correct and complete. If it is not, the Chief Engineer,
SAC shall issue within 21 days a schedule that states the scope of the corrections or
additions that are necessary. If the final Account is still unsatisfactory after it has been
resubmitted, the Chief Engineer, SAC shall decide on the amount payable to the Bidder
and issue a payment certificate with in 21 days of receiving the Bidder’s revised account.
31.Termination:
31.1 The Department may terminate the Contract if the bidder causes a fundamental
breach of the Contract.
31.2 Fundamental breaches of Contract include, but shall not be limited to the
following.
a) The Bidder has become bankrupt or goes into liquidation other than for a
reconstruction or amalgamation.
b) The Chief Engineer, SAC gives Notice that failure to correct a particular
Defect is a fundamental breach of Contract and the Bidder fails to correct it
within a reasonable period of time determined by the Chief Engineer, SAC
c) The Bidder does not maintain a security which is required and
d) The Bidder has delayed the completion of supplies by the number of days
for which the maximum amount of liquidated damages can be paid as
defined.
e) If the bidder, in the judgment of the Department has engaged in corrupt or
fraudulent practices in competing for or in the executing the contract.
For the purpose of this paragraph: “corrupt practice” means the offering, giving,
receiving or soliciting of anything of value to influence the action of a public
official in the procurement process or in contract execution. “Fraudulent
practice” means a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment o the Government and
includes collusive practice among Bidders (prior to or after Tender submission)
designed to establish Tender prices at artificial non-competitive levels and to
deprive the Government of the benefits of free and open competition.
31.3 Notwithstanding the above the Department may terminate the contract for
convenience.
31.4 If the Contract is terminated, the Bidder shall stop work immediately, make the
Site safe and secured leave the Site as soon as reasonably possible.
43
Bidder Chief Engineer
SAC, Vijayawada
32 Payment upon Termination: If the Contract is terminated because of a
fundamental breach of Contract by the Bidder, the SAC shall issue a certificate for
the value of the work done less advance payments received upon the date of the
issue of the certificate, less other recoveries due in terms of the Contract, less
taxes due to be deducted at source as per applicable law and less the percentage
to apply to the work not completed. Additional Liquidated Damages shall not apply.
If the total amount due to the Department exceeds any payment due to the Bidder
the difference shall be a debt payable to the Department.
33 Property: All the Vehicles supplied and Equipment if any are deemed to be the property
of the Department if the Contract is terminated because of Bidder’s default.
45.2 The bidder shall promptly inform the Department and the Chief Engineer, SAC of
any error, omission, fault and such defect in the design of or specifications for the
works which are discovered when reviewing the contract documents.
45.3 If Bidder believes that a decision taken by the Chief Engineer, SAC was either
outside the authority given to the Chief Engineer, SAC by the Contract or that the
decision was wrongly taken, the decision shall be referred to the technical expert
within 14 days of the notification of the Chief Engineer, SAC’s decisions.
45.4 Pending finalisation of disputes, the bidder shall proceed with execution of work
with all due diligence.
46 Training of personnel:
After supply of vehicle the bidder has to give training to all the ULB staff who are kept
in-charge of the vehicle and operators who operates the vehicle daily at free of cost.
48 Income tax:
a) During the currency of the contract deduction of income tax as applicable shall
be made from the gross value of each bill of the contract, the contract value of
which is in excess of Rs.10,000/- for deduction of tax at rates lower than 2.24%
44
Bidder Chief Engineer
SAC, Vijayawada
procedure stipulated under section 194-C(4) of Income Tax Act, 1961 shall be
followed.
b) Income Tax clearance certificate should be furnished before the payment of final
bill.
c) The bidder’s staff, personnel and labour will be liable to pay personnel income
taxes in respect of their salaries and wages as are chargeable under the laws
and regulations for the time being in force, and the bidder shall perform such
duties in regard to such deductions thereof as may be imposed on him by such
laws and regulations
49. VAT:
49.1 Value added Tax (VAT) during the currency of the contract deduction towards AP-
VAT Act 2005 according to which tax @ 14.5% on total value has to be
deducted at source, while making payments to the bidder and as applicable time
to time.
49.2 The bidder should produce a valid VAT clearance certificate before the payment
of the final bill, otherwise payment to the bidder will be withheld.
49.3 The following clause is incorporated as per the Government instructions given in
G.O.Ms. No: 141, T (R&B) Department, Dated: 27-07-2006.
45
Bidder Chief Engineer
SAC, Vijayawada
regulations, notifications and bye laws of the State or Central Government or local
authority and any other labour law (including rules), regulations, bye laws that may
be passed or notifications that may be issued under any labour law in future either
by the State or the Central Government or the local authority and also applicable
labour regulations, health and sanitary arrangements for workmen, insurance and
other benefits. Salient features of some of the major labour laws that are applicable
to construction industry are given below. The contractor shall keep the Department
indemnified in case any action is taken against Department by the competent
authority on account of contravention of any of the provisions of any Act or rules
made thereunder, regulations or notifications including amendments. If the
Department is caused to pay or reimburse, such amounts as may be necessary to
cause or observe, or for non-observance of the provision stipulated in the
notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the
part of the contractor, the Deputy General Manager(CWP),INCAP /Department
shall have the right to deduct any money due to the contractor including his
amount of performance security. The Department/ Deputy General
Manager(CWP),INCAP shall also have right to recover from the contractor any
sum required or estimated to be required for making good the loss or damage
suffered by the Department.
(a) Workmen compensation Act 1923: The Act provides for compensation in case
if injury by accident arising out of and during the course of employment.
(b) Payment of Gratuity Act 1972: Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if any employee has completed 5
years service or more, or on death, the rate of 15 days wages for every completed
year of service. The Act is applicable to all establishments, employing 10 or more
employees.
(c) Employees P.F. and Miscellaneous provision Act 1952: The Act provides for
monthly contributions by the Department plus workers @ 10% or 8.33%. The
benefits payable under the Act are:
(i) Pension or family pension on retirement or death, as the case may be.
(ii) Deposit linked insurance on the death in harness of the worker.
(iii) Payment of P.F. accumulation on retirement/death etc.,
(d) Maternity Benefit Act 1951: The Act provides for leave and some other
benefits to women employees in case of confinements or miscarriage etc.
(e) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain
welfare measures to be provided by the contractor to contract labour and in case
the Contractor fails to provide, the same are required to be provided by the Principal
Department by Law. The Principal Department is required to take certificate of
Registration and the contractor is required to take license from the designated
Officer. The Act is applicable to the establishments or Contractor of Principal
Department if they employ 20 or more contract labour.
46
Bidder Chief Engineer
SAC, Vijayawada
(f) Minimum wages Act 1948: The Department is supposed to pay not less than
the Minimum wages fixed by appropriate Government as per provisions of the Act if
the employment is a scheduled employment construction of Buildings, Roads,
Runways are scheduled employments.
(g) Payment of wages Act 1936: It lays down as to by what date the wages are to be
paid, when it will be paid and what deductions can be made form the wages of the
workers.
(h) Equal Remuneration Act 1979: The Act provides for payment of equal wages for
work of equal nature to Male or Female workers and for not making discrimination
against Female employee in the matters of transfers, training and promotions etc.
(i) Payment of Bonus Act 1965:The Act Is applicable to all establishments employing
20 or more employees. The Act provides for payment of annual bonus subject to a
minimum of 8.33% of wages and maximum of 20% of wages to employees drawing
Rs. 3500/- per month or less. The bonus to be paid to employees getting Rs.2500/-
per months or above and upto Rs.3500/- per month shall be worked out by taking
wages as Rs.2500/- per monthly only. The Act does not apply to certain
establishments. The newly set-up establishments are exempted for five years in
certain circumstances. Some of the State Governments have reduced the
employment size from 20 to 10 for the purpose of applicability of this Act.
j) Industrial Disputes Act 1947: The Act lays down the machinery and procedure
for resolution of Industrial disputes, in what situations a strike or lock- out becomes
illegal and what are the requirements for laying off or retrenching the employees or
closing down the establishment.
(l) Trade Unions Act 1926: The Act lays down the procedure for registration of trade
unions of workmen and Departments. The Trade Unions registered under the act
have been given certain immunities from civil and criminal liabilities.
(m) Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits
employment of children below 14 years of age in certain occupations and processes
and provides for regulation of employment of children in all other occupations and
processes, Employment Child Labour is prohibited in Building and Construction
Industry.
(o) The Building and Other Construction workers (regulation of Employment and
conditions of service) Act 1996 and the Cess Act of 1996: All the establishments
47
Bidder Chief Engineer
SAC, Vijayawada
who carryon any building or other construction work and employs 10 or more
workers are covered under this Act. All such establishments are required to pay
cess at the rate not exceeding 2% of the cost of construction as may be modified by
the Government. The Department of the establishment is required to provide safety
measures at the Building or construction work and other welfare measures, such as
Canteens, First-aid facilities, Ambulance, Housing accommodations for workers
near the work place etc. The Department to whom the Act applies has to obtain a
registration certificate from the Registering Officer appointed by the Government.
(p) Factories Act 1948: The Act lays down the procedure for approval of plans
before setting up a factory, health and safety provisions, welfare provisions, working
hours, annual earned leave and rendering information regarding accidents or
dangerous occurrences to designated authorities. It is applicable to premises
employing 10 person or more with aid of power or 20 or more persons without the
aid of power engaged in manufacturing process.
48
Bidder Chief Engineer
SAC, Vijayawada
E. SPECIAL CONDITIONS
53. The bidder has to make the invoices in the name of the Commissioner of concerned
ULB.
54. Bidder has to instruct the dealers to render after sale service for the supplies
made, and copy of the same to be enclosed with bid if service will be provided
through dealer network. Even in such circumstances all liabilities will rest on
supplier only.
55. On failure of L1 for supply of order the L2 shall be invited for negotiation if
required.
56. The Bidder shall be fully responsible for procurement of chassis from the
manufacturer and in no way any kind of relaxation will be given if there is any
problem with the chassis received. The Bidder should see that the design of
equipment should be such that it can be mounted on the standard chassis
manufactured by the chassis manufacturer.
57. The Bidder shall quote for complete job. The tender that does not include the
complete job as specified in schedule of tender (specification) will be rejected.
The successful bidder shall be responsible for taking timely delivery of chassis
from chassis suppliers. The successful bidder shall be responsible for any fault,
shortfall in the chassis proposed for rear body required in the tender etc or any
other requirement which is mandatory for the completion of successful equipment
manufacturing.
58. It will be the responsibility of the bidder to collect the chassis from the regional
sales office/depot of the manufacturer or their authorized dealer and transport the
same to their workshop which is included in the tender rate.
59. It will be the responsibility of the bidder to deliver the vehicle after the completion
of the fabrication of the equipment to concerned ULB.
60. The successful bidder will be fully responsible for the safety of the chassis when in
their workshop.
61. Emission Norms for Chassis : Bidder must have to quote for chassis having EURO-
IV/BS - IV norms separately. Bidder must have to supply the unit mounted on EURO-
IV/BS-IV chassis, otherwise it will not be accepted.
62. The bidder has to design according to the requirements, fabricate, mount and
supply the fully built Automatic Refuse Compactor unit to Concerned ULB.
Necessary design and final approval from RTO and other govt. agencies (as
required) as per latest norms and rules is tender's responsibility.
49
Bidder Chief Engineer
SAC, Vijayawada
63. Warranty Period : 2 Years
65. The bidders who are eligible in technical bid have to give demo of their vehicle for
the Technical Evaluation Committee at Vijayawada to complete the Technical
Evaluation report.
66. Tenderer needs to ensure the availability of service parts for the value of minimum 1
% of the tender value for immediate service backup and lower down time at
service centers mentioned.
67. Annual Maintenance Contract for a period of 2 years should be quoted. AMC shall
include visit of service engineer on monthly basis for routine maintenance of the
equipment. All spares and Consumables required for shall be provided by the
department free of cost. AMC shall commence from the dated of commissioning
and handing over the machine for operation. However during the warranty period
the spares required due to defects in the material and workmanship shall be
replaced by the bidder on free of cost basis.
68. Name Plate:
Vehicle / Equipment should be provided, with name plate giving full details of
manufacture, capacity and other details as specified in the relevant IS or other
specification stipulated. The purchase order No. and Date and Year of supply and
the words ‘ULB name’ must be etched on the name plate.
50
Bidder Chief Engineer
SAC, Vijayawada
Specification of Fully Automatic Truck Mounted Refuse Compactor 14 Cu. m
capacity
I. SCOPE OF SUPPLY
Under this contract, the successful bidder has to supply.
A. Suitable Chassis with BS-IV Engines with Driver-cum- attendant Cabin as per
specifications.
B. Supply & fitment of Compactor equipment & body as per specification
Chassis Specification :
The equipment should be mounted 2 Axle 16 Ton GVW, BS-IV, wheelbase 4200 mm
(min) Truck Chassis of Make Ashok Leyland/TATA/Eicher or equivalent with Non-
Sleeper’s Driver’s Cabin and PTO
1ENGINE : Six cylinder, in line direct injection water-cooled diesel
engine having engine capacity minimum of 130 PS @ 2400
rpm as per CMVR with turbo charger with intercooler. It
must have EURO- IV /BS/IV emission norms With Exhaust
Gas Re-circulation (EGR) or similar Technology
2 MIN.TORQUE : 500 N-m at 1400-1700 RPM as per CMVR TAP
115 / 116.
3AIR FILTER : Oil bath type, remote mounted or dry type its equivalent.
4 CLUTCH : Single plate, dry friction type and outside diameter of
clutch lining 330 MM minimum
5 GEAR BOX : Synchromesh 5 forward and 1 reverse.
6FRONT AXLE : Heavy duty, forged 1 beam, Reverse Elliot type or
Semi-elliptical.
51
Bidder Chief Engineer
SAC, Vijayawada
13.FUEL TANK : 150 litres capacity minimum.
19 Complete chassis : less than 6200 Kg. kerb weight with cab (with spare
wheel and tools)
22PTO.POWER TAKE OFF UNIT. Total power take off is entirely designed
allows to draw the ample power from vehicle engine. The PTO will be provided on
the body of gearbox and one auxiliary output. The engagement and dis-
engagement of PTO outputs will effected pneumatically or electrically or
mechanically operated and controlled system situated in the driver's cabin. Output
H.P of PTO should be as required by system for smooth and trouble free
operation.
52
Bidder Chief Engineer
SAC, Vijayawada
The Refuse Compactor Vehicle shall be easy to handle and allow the bin handlers to
unload Solid Waste from the Bins into the Machine Tailgate hopper with minimum physical
effort and maximum safety.
The RCV shall be capable of automatic operation of the Compaction Cycle. The automatic
continuous compaction operation is started by pushing a green coloured electric push
button. The Compaction cycle incorporating the moment of packer plate and carrier plate
should operate continuously without the need to operate any push button until the
compaction cycle is switched off by pushing a red coloured push button.
The Tailgate loading height shall not be more than 1.2 Meters from the ground level.
The RCV Volume would be 14M3. The Tailgate hopper Swept Volume will be minimum 1.75
Cubic Meter. Simultaneous automatic working of the compaction cycle should be possible.
53
Bidder Chief Engineer
SAC, Vijayawada
tailgate.There shall be automatic locking arrangement between tailgate and RCV hopper
body.
Double lip rubber sealing arrangement to be provided. This locking system shall be
completely liquid proof between tailgate and refuse collection body by using double rubber lip
seal.
The Tailgate hopper shall have a swept Volume of minimum 1.75M3.
Slide plate – The Slide Plate shall be actuated by 2 Hydraulic Cylinders and must run on
suitable number of sliding blocks.
Material of construction –High tensile steel ST-52.
Packer Plate – The Packer Plate shall be actuated by 2 Hydraulic Cylinders.
TAILGATE HOPPER
Material of construction – DOMEX / HARDOX Steel
C.HYDRAULIC SYSTEM :
The RCV shall be equipped with following hydraulic systems:
Hydraulic Pump
High Performance, fixed displacement, pin vane design Pump, best suited for mobile
application, supplying the pressurized hydraulic oil for telescopic cylinder of Ejection panel,
tailgate lifting and closing, bin lifting and tilting, continuous operation of sliding plate and
packer plate.
All hydraulic functions are achieved by the below major components:
i. Electro-pneumatic control valves with integral load holding check valves to prevent reverse
flow through valve when shifting with fast response time (6-8 milliseconds) and low power
consumption (10 Watt).
ii. Electro Pneumatic mobile control pressure sensing sequence valves functioning as a
pressure signalled, remote pilot operated two way valve, which operate the automatic
compaction cycle by sequencing the continuous operation of the sliding plate and packer
plate automatically at present hydraulic pressures.
iii. Over centre valve creating a back pressure to prevent the load from free falling or over-run
during lowering.
iv. 07 Hydraulic Cylinders shall be installed covering following operation
1 three-stage telescopic ram, double-acting for the ejection panel.
2 hydraulic rams, double-acting for the slide plate
Double acting Slide-cylinders (for compacting) shall be located outside of the sidewalls. The
cylinders are mounted in pushing position.
2 hydraulic rams, double-acting for the packer plate
54
Bidder Chief Engineer
SAC, Vijayawada
2 hydraulic rams, double-acting for the tailgate
(lifting/lowering and automatic locking)
All Cylinders shall be of reputed make:- WIPRO / DANTAL / CANARA / HYVA
The Automatic compaction operation is started by pushing a green coloured electric push
button. The Compaction Mechanism shall operate continuously till switched off by pushing a
red coloured push button. The continuous operation of the compaction cycle is to be achieved
with the help of proximity switches in the hydraulic circuit.
Emergency electric stop push buttons are provided on both sides of the Tailgate for safety of
working staff. Working light, Rotating Beacon light, Backing light, Stop light, Direction
indicator, Number Plate light and emergency stop provisions to be provided in the RCV.
D. UNIVERSAL BIN LIFTER :
The Universal Bin Lifter shall be is capable of directly lifting and empting the garbage from a
DIN Standard Bin of 1100 Ltrs. to 660 Ltrs. capacity into the tailgate hopper.
The Bin Lifter is also capable of lifting and empting the garbage simultaneously from 2 Nos.
DIN Standard Bins of up to 240 Lrs. Capacity.
The Bin Lifter shall be provided with 4 hydraulic cylinders i.e. 2 cylinders for levelling and lifting
the Bin and 2 cylinders for tipping operations. The total number of hydraulic cylinder in the
equipment fitted with Universal Bin Lifter shall be 11 Nos.
E.SAFETY FEATURES :
Over Centre Valve valve shall be fitted to the system to prevent the tailgate descending in the
event of the hydraulic failure. Emergency stop switch shall be provided on either side of
tailgate to stop the compaction operations instantaneously in case of emergency.
The switch shall be provided on either side of the vehicle. This is a statutory safety
requirement for Operators / Public. There shall be a body prop provided on the tailgate to hold
the tailgate in the open position for safety of workshop personnel when entering the body for
maintenance or repair.
Compactor should have two mode operations for safety. In loading mode only compaction and
bin lift functions should be enabled. Tailgate and ejector functions cannot be operated in
loading mode.
In Unloading mode, only Tailgate and Ejector functions should be enabled. Compaction
mechanism cannot be operated in Unloading mode.
F.PAINTING
The entire unit shall be painted with two coats of superior quality anti-corrosive primer with two
coats of approved quality paint to ensure long lasting, resistance to rust, weathering and
55
Bidder Chief Engineer
SAC, Vijayawada
breakage. The colour shade shall be purchaser’s choice selected from the standard colours
offered by the supplier.
G.OTHER IMPORTANT FEATURES:
a) Two Footsteps will be provided one each on left and right side at the rear & two hand bars
one
on each side at the rear side shall be provided for the equipment operators to stand and travel
when the compactor is moving.
b) One large flashing light will be provided in the front in the centre at the highest point so as
be seen clearly
c) Two emergency stop switches will be provided on either side of the body to instantly stop
the operation in case of emergency.
d) A level indicator will be provided to indicate hydraulic oil level in the tank
e) The Vehicle will be provided with reverse horn so that it gives the indication at the time of
reversing.
f) Arrangement will be provided to get an indication as soon as the garbage contained reached
its maximum.
g). The complete auto cycle for compaction mechanism to be operated by pushing only single
push button. There should be provision to operate carriage up & down function and packer
open & close function individually by pressing push button if required.
H. MATERIAL FOR BODY:
Material: ST52/IS 2062
Roof Panelling : 4 MM
Side Panelling: 4 MM
Floor Thickness : 5 MM
Rear Cross Bar Thickness: 75 (64 x 40 x6 MM
I. MATERIAL Tail Gate:
Material: Special High Strength Steel, Yield
Strength 5000 N/Sq. mm – ST52/Domex
Super structure member thickness : 6 MM
Side Panelling thickness: 4 MM
Rear side Hopper Plate thickness : 6 MM
Hopper Bottom Thickness: 5 MM
J. EJECTOR SYSTEM:
Ejector Plate Materials: High Strength Steel, Yield
Strength 340 N/Sq. mm – ST 52/Domex
56
Bidder Chief Engineer
SAC, Vijayawada
with bottom portion from special
high strength steel of min. yield
1200N / Sq.mm – Hardox 450
The tender shall provide material Test Certificate at the time of fabrication / inspection.
Tailgate raise / lower and ejector eject / retract push and hold buttons are also provided at the
front of the body which enables the operator to keep distance from ejected garbage for the
safety of the personnel.
57
Bidder Chief Engineer
SAC, Vijayawada
CONDITIONS OF SUPPLY TENDER
FORM OF TENDER
To:
The Chief Engineer,
SAC, Vijayawada,
____________________________________________
Sir,
If my / our tender is not accepted, this sum shall be returned to me/us on my/our application
when intimation sent to me/us of rejection or at the expiration of one month / two months /
three months after the last date prescribe for the receipt of tenders, whichever is earlier. If
58
my/our tender is accepted, the earnest money shall be retained by the SAC / Government as
security for the due fulfilment of the Contract. If upon written intimation to me/us by the Chief
Engineer, SAC, Vijayawada, I /We …………………… …………………………….. fail to attend
the said office on the date therein fixed or if upon intimation being given to me/us by the Chief
Engineer, SAC, Vijayawada of acceptance my/our tender, I/We …………….…
….…………………………. fail to make the additional security deposit (where a Bank
Guarantee is furnished towards the Earnest Money Deposit, a fresh Bank Guarantee for the
total security deposit shall be furnished for the period of completion and defects liability period
the original Bank Guarantee furnished along with tender shall be returned after furnishing the
fresh Bank Guarantee towards Security) or to enter into the required agreement as defined in
the tender documents I/We …………………… …………………………………….. agree to the
forfeiture of the earnest money. Any notice required to be served on me/us hereunder shall be
sufficiently served on me/us if delivered to me/us personally or forwarded to me/us by post to
(registered or ordinary) or left at my/our address given herein. Such notice shall if sent by post
be deemed to have been served on me/us at the time when in due course of post it would be
delivered at the address to which it is sent.
I /We understand that you are not bound to accept the lowest or any tender you may receive.
I AM/WE ARE professionally qualified an my/our qualifications are given
below:
Name Qualified
I/WE will employ the following technical staff for maintenance of the vehicles and will see that
one of them is always available to attend at the time of break down of the vehicles.
Name of members of technical staff Qualification.
proposed to be employed
59
1) I/WE have not been black listed in any department in Andhra Pradesh due to any
reasons.
2) I/WE have not been demoted to the next lower category for not filing the tenders after
buying the tender schedules in a whole year and my/our registration has not been
cancelled for a similar default in two consecutive years.
3) I/WE agree to disqualify me/us for any wrong declaration in respect of the above and to
summarily reject my/our tender.
4) I/WE hereby declare that I/We have perused in detail and examined closely the
Andhra Pradesh Standard Specifications, all clauses of the preliminary specifications
with all amendments and have either examined all the standards specifications or will
examine all the standard specifications for items for which I/We tender, before I/We
submit such tender and agree to be bound and comply with all such specifications for
this agreement which I/We execute in the Irrigation & Command Area Development
Department.
5) I/WE am/are prepared to furnish detailed data in support of all my quoted rates, if and
when called upon to do so without any reservations.
6) I/WE hereby declare that I/We will pay an additional security deposit in terms of
conditions 3.5 of instructions to Bidders.
7) I/WE hereby declare that I am/we are accepting to reject my tender in terms of
condition 3.6 of Instructions to Bidders.
8) I/WE hereby declare that I/We will not claim any price escalation.
9) I/WE hereby declare that I am/we are accepting for the defect liability period as 24
months instead of 6 months under clause 28 of APSS.
10) I/WE declare that I/WE will execute the work as per the mile stone programme, and if
I/WE fail to complete the work as per the mile stone programme I abide by the
condition to recover liquidated damages as per the tender conditions.
11) I/WE declare that I/WE will abide for settlement of disputes as per the tender conditions.
60
LETTER OF ACCEPTANCE
From:
------------------------------------------
------------------------------------------
------------------------------------------
To
------------------------------------------
------------------------------------------
------------------------------------------
Gentlemen,
*********
You are requested to furnish the security deposit in the form specified in the Conditions
of Contract within _____________ days of the receipt of this letter and are also requested to
be present at the Chief Engineer SAC Office, for execution of Contract documents within
_____________ days of the date of receipt of this letter along with non judicial stamp paper as
per conditions of contract.
The Contract will be governed by the Conditions of Contract as set out in the Tender
Documents subject to modifications accepted by the CE, SAC.
Yours sincerely,
----------------------------------------
(Signature)
Accepted
-----------------------------------
-----------------------------------
Signature, Name & Designation
Seal of Firm
61
FORM OF AGREEMENT
THIS AGREEMENT is made on the .......day of .………..... 2017 between (name of Employer)
................................................................................................ of (mailing address of Employer)
................................................................................................ hereinafter called “the Employer”,
of the one part and (name of Bidder) ..........................................................................
(hereinafter called “the Bidder”) of the other part.
WHEREAS the Employer is desirous that certain works should be executed, viz (brief
description of Works) .................................................................................... and has, by Letter
of Acceptance dated (date of Letter of Acceptance) .................................................................,
accepted a tender by the Bidder for the execution, completion and maintenance of such
Works, NOW THIS AGREEMENT WITNESSETH as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as part of
this Agreement, viz:
5. The Employer hereby covenants to pay the Bidder in consideration of the execution,
completion and maintenance of the Works the Contract Price at the times and in the
manner prescribed by the Contract.
IN WITNESS WHEREOF the parties hereto have caused their respective Common Seals to
be hereunto affixed (or have hereunto set their respective hands and seals) the day and year
first above written.
62
By the said By the said
................................................……….. ..............................……………...................
63
FORM OF BANK GUARANTEE FOR
SECURITY DEPOSIT / ADDITIONAL SECURITY DEPOSIT
64
PROGRAMME OF WORK
(Rate of Progress)
The Bidder shall furnish below his programme of work, accompanied by bar charts, arranged
as he deems fit in order to complete the total work within the period of Four (4) months for
“Manufacture, supply and delivery of Fully Automatic Truck Mounted Refuse Compactor of
14 cum capacity as per specifications including Truck chassis with Driver's cabin &
PTO of BS-IV including loading, mounting, transportation to site, testing
commissioning and other charges etc including AMC for a period of 2 years to 110 ULBs in
AP State.”.
---------------------------------------------------------------------------------------------------------------------------
a) Programme to complete the work under Part I of Schedule ‘A’. (physical and financial for
each month in the shape of Bar Chart).
---------------------------------------------------------------------------------------------------------------------------
Name :
Signature :
Dated :
( Seal ) Designation :
65
FORM OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT
66
INCOME TAX CLEARANCE CERTIFICATE
1. Name and style (of the Co., Firm, HUF or Individual) in which the applicant is assessed or
assessable to Income-Tax and address for the purpose of assessment:
2. Names and addresses of all companies firms, Associations or persons in which the
applicant is substantially interested in his individual or fiduciary capacity
Note: For the purpose of Clause (2) above the words ‘substantially interested’ would have
the same meaning as in explanation to section 40A(2).
3. (a) The Income-Tax Circle/Ward/District in which the applicant is assessed and the
Permanent Account No.
4. The following particulars are to be furnished concerning the Income-Tax Assessments for
the preceding five years:
67
or under section 199/200 of the Indian Penal Code?
If so, the date of conviction orders.
c) Details of total contract amount received by the applicant, whose name is mentioned
against (1) above, during the preceding five accounting years.
6. In case there has been no I.T. Assessment for any year, whether returns have been
submitted under section 139(2) and 133 of the Income-tax Act, 1961 or tax has been paid
in advance under section 210(3) of the Income-tax, 1961 and if so, the amount of income
returned for each year and tax of each of the five years mentioned above and the I.T
Circle/Ward/District concerned where such returns have been filed, give reasons for the
same.
7. Whether any attachment certificate or proceedings are pending in respect of the arrears
and the name and address of the branch(es) if any.
I declare that the above information is correct and complete to the best of my information and
belief.
Address :
Note: 1) Tax in Column 3 and 4 of para 4 include all items viz., I.T., S.T., Surcharge, etc.
68
CERTIFICATE
a) The period of three year has expired from the date of the appellate order of the
Income-tax Appellate Tribunal confirming or partially confirming the penalty levied
on or after 1-4-75 u/s.271(1)(c) of the Income-tax Act, 1961 or u/s. 18(1)(c) of the
Wealth-tax Act, 1957.
Or
In cases where no appeal has been filed by the assesse against the penalty
imposed on or after 1-4-75 under section 271(1)(c) of the Income-tax Act, 1961 or
u/s.18(1)(c) of the Wealth-tax Act, 1957, the period of three years has expired from
the date of imposition of the penalty.
b) The period of three years has expired from the date of the order of conviction on or
after 1-4-75 u/s.277 of the Income-tax Act or u/s.36(1) of the Wealth-tax At, 1957
or u/s.199/200 of the Indian Penal Code.
Seal : Circle/Ward/District
69
SALES TAX CLEARANCE CERTIFICATE
Gl.No. Dated :
CERTIFICATE
They have filed their monthly A-2 returns and have paid tax up to _______________________
under the APGST and CST Act and the assessment has been completed for the Financial
Year __________.
70
IDENTIFICATION AND FINANCIAL DATA SHEET
1. Audited Financial Statements (Balance Sheet and Profit and loss account) for the last
ten years (Preceding last financial year) including Contingent Liabilities and Projects in
progress duly certified by the Charted Accountant in the format enclosed.( Illustrative
example is also enclosed for guidance).
Note:
1. If the bidder is a company, Annual reports of the financial years + along with the audited
reports under the Companies Act shall be furnished.
2. In case of bidders other than the companies, if the turnover in any of the above financial
years exceeds Rs. 40/- Lakhs per annum, the audited accounts along with the auditor’s
certificates under section 44 AB of the Income Tax Act shall be furnished. If the audited
reports under section 44AB of Income Tax are not furnished for every year, it will be
deemed that the turn over for that year was less than Rs.40 lakhs.
3. In case of bidders other than the companies, if the turnover in any of the above financial
years does not exceed Rs. 40 Lakhs per annum, the following certificate shall be given by
the Chartered Accountant for each year for the Profit and Loss Account and the Balance
sheet.
“ We have audited the above Profit and Loss Account / Balance Sheet of
as on
for the financial year ending _________ and in our opinion the said accounts give a
true and fair view. The said balance sheet and Profit & Loss Account are in agreement
with books of accounts and returns produced and that we have obtained all the
information and explanations which to the best of our knowledge and belief were
necessary for the purpose of the audit.
71
BALANCE SHEET ( For Five Years – Year wise)
(Rs.Lakhs)
Liabilities
1. Paid up Capital
2. Reserves and Surplus
3. Borrowings:
3.1Term loan from Fis
3.2Working Capital Loans
3.3Other Loans
3.4Interest Accrued & Due on
Loans
Sub – total
4. Current Liabilities & Provisions
4.1Creditors for Materials
4.2Advances on Contracts
4.3 Provisions
Sub Total
TOTAL
Assets
5.Fixed Assets - Gross Block
Less Cumulative Depreciation
Net Fixed Assets
6. Capital Work-in-Progress
7. Investments
8. Current Assets, Loans, Advances
8.1 Inventories
8.2 Sundry Debtors
8.3 Cash and Bank Balance
8.4 Loans and Advances
Sub-Total
9. Expenses and losses to the
extent not written off
TOTAL
Financial Indicators:
* Net worth
* Current Ratio
* Liquid Ratio
* Capital Employed
* Debt : Equity Ratio
72
PROFIT & LOSS ACCOUNT ( For Five Years – Year wise)
(Rs.Lakh)
INCOME
1. Income From Operations
2. Other Income
TOTAL
EXPENDITURE
3. Materials
4. Salaries and Wages
5. Administrative and Other Exp.
6. Interest
7. Depreciation
8. Deferred Revenue Exp. w/o
9. Other Expenses w/o
10.Total Expenditure
Financial Indicators :
* Profit Before Tax To :
Capital Employed (%)
Net Worth (%)
Sales (%)
Earning Per Share (Rs.)
* Cash Generated from Operations
73
STATEMENT – I
Details of value of SWM Vehicles supplied in each year during the last Five financial years by
the Bidder/Manufacturer.
S.No Name of the Work Value of SWM Vehicles supplied during the last Five Years
1 2012-13 2013-14 2014-15 2015-16 2016-17
2
3
4
5
a) Attach certificate(s) issued by the Executive Engineer concerned and counter signed by
Superintending Engineer showing work wise / year wise value of work done in respect of all
the works executed by the Bidder/Manufacturer during last ten years (OR)
b) Certificate from Chartered Accountant supported with Annual Balance Sheet tallying with I.T.
Clearance certificate.
STATEMENT–II
Details of RCV vehicles supplied either by the bidder/Manufacturer during the last five
financial years i.e., from 2012-2013 to 2016-2017 showing year wise break up of value of
supply done.
S.No Name of the work Address of Agt. Agreement No. & Value of
Concluding dated. Contract
Authority
1 2 3 4 5
Stipulated period of Actual date of Value of supply done year wise during the Total
completion completion last ‘Five’ years. Value
of supply
done.
1st 2nd 3rd 4th 5th
Year Year Year Year Year
6 7 8 9 10 11 12 18
Attach certificates issued by the Executive Engineer concerned and countersigned by the
Superintending Engineer showing work wise / year wise value of work done and date of completion.
74
STATEMENT–III
Physical quantities executed by the Bidder in the last Five financial years [Work wise / year wise].
Attach certificates in support of the above quantities issued by the Executive Engineer concerned and
countersigned by the Superintending Engineer duly showing the quantities executed year wise.
STATEMENT–IV
Details of supply on hand and, yet to be completed as on the date of submission of the
Tender and supplies for which Tenders have been submitted are to be furnished.
Sl. Name Address Agt. Value Stipulate Value Balance Anticipat Updated
No of of No. of d period of Value of ed date value of
work Agreem & contra of work works to of balance
ent Date ct completio done be completi work
Conclud n so far. complet on
ing ed
authority
1 2 3 4 5 6 7 8 9 10
B) Details of works for which Tenders are submitted [awarded / likely to be awarded]
S. Name of work Address of Agt. Estimat Stipulated Date on which Present
No Concluding ed value period of tender was stage of
authority of work completion submitted Tender.
1 2 3 4 5 6 7
75
Signature of the Bidder
STATEMENT–V
Note : I/We hereby confirm that the quantity and type of equipment/materials to be
deployed for Service center will not be less than those indicated above and agree to
bring more equipment/materials, if so warranted, in the opinion of the Chief Engineer,
SAC, Vijayawada at no extra cost to SAC.
Name Date
Signature Designation
(Seal)
The bidder has to submit either a certificate issued by the Executive Engineer issued not earlier than
01-01-2017 or a Declaration on non-judicial stamp paper worth Rs 100/- as given below along with
sufficient proof of document in support of owning such as invoice / Certificate of registration by
competent authority in support of the critical equipment/materials.
(b) A lease deed/agreement regarding the equipment leased shall be produced by the bidder on a
non-judicial stamp paper of Rs.100/- along with proof of ownership in the proforma as below:
76
LEASE DEED / AGREEMENT
Agreement made on ___________________ between M/s.___________________
(hereinafter called the lessor which expression shall where the context so admits include his
successors and assigns) of the one part and _________________(hereinafter called the lessee which
expression shall where the context so admits include its successors and assigns) of the other part.
WHEREAS the Lessee has stated that the said lease of machinery / equipment / materials
hereto for use on the work Manufacture, supply and delivery of Fully automatic Truck Mounted
Refuse Compactor of 14 cum capacity as per specifications including Truck chassis
with Driver's cabin &PTO of BS-IV including loading, mounting, transportation to site
, testing commissioning and other charges etc including AMC for a period of 2 years to
110 ULBs in AP State. NOW IT IS HEREBY AGREED as follows:
1. The lessor shall let to the Lessee and the Lessee shall take on lease from the lessor
__________ for the period of (6) months from ___________ day to _____________ for use on the
above said work.
2. The lesee shall keep the said machinery and equipment in good order and condition and
make good all damages (fair wear and tear being excepted) whether by accident or fire or otherwise.
3. The lessee shall bear all charges connected with packing, conveyance and other incidental
expenses in connection with the dispatch and return of the said machinery and equipment.
4. All repairs due to fair wear and tear during the lease period shall be done by the lessee.
Ownership certificate of the said machinery is enclosed.
In the presence of Witness:
1.________________________
2.________________________
Signature of Lessor Signature of Lessee.
DECLARATION
Details of
Is it in
S. each Year of Regn. Any other
Capacity working
No. Equipment/ purchase Number data
condition
Materials
1 2 3 4 5 6 7
77
STATEMENT–VI
PERSONNEL
Name :
Signature :
Date :
Seal of Company Designation :
78
BIO-DATA OF TECHNICAL PERSONNEL OF THE BIDDER WHO
WILL BE AVAILABLE DURINGTHE AMC PERIOD
(Furnish data separately for each of the personnel)
a) S.No. :
b) Name :
c) Designation :
d) Qualifications :
g) Experience on works of similar nature during employment with Bidder, and previous employment,
if any. Details to be furnished in reverse order starting with present project :
Name :
Signature :
Date :
79
STATEMENT–VII
The Bidder shall record chronologically any disputes he has had with any of his previous Clients
during the last 10 years, indicate whether Arbitration or Litigation, the nature, approximate duration
and amount of claim involved in respective cases.
Name: Date:
Signature: Designation:
Seal of Company
80
HISTORY OF CRIMINAL CASES
S Name of Police Town or Village FIR No & Details of the Stage of the
No case/
Station and District Date charges Result
Name: Date:
Signature: Designation:
Seal of Company
81
GENERAL POWER OF ATTORNEY
By this power of Attorney, I/We ................................................................, s/o ...........................................
aged about .......................... years, r/o.
...........................................................................................................
......................................................................, Partners of . ............................................................ having
its registered office at .............................................................................………..........……..hereby appoint
................................................................................, aged about ................. years s/o.
................................. ................................................ as our lawful attorney on behalf of the company, to
do and execute all or any of the following acts, deed and things, that is to say:
1) To apply for, obtain and renew all licenses, permits, etc., that are necessary for carrying on the said
business.
2) To submit all statements, returns, etc., to proper authorities as required by any law or rule in force
and to verify the same by production of documents and papers.
3) To appoint, employ, dismiss or discharge any agent, broker, office, clerk, peon or any other person at
such remuneration, commission, or salary, as the said attorney thinks fit.
4) To draw, accept, endorse, negotiate or pay any bill of exchange, hundi, promissory note, cheque,
draft, railway receipt, bill of lading or other instrument which may be deemed necessary for carrying
on the said business.
5) To open and operate bank accounts in any bank or banks in the name of the firm and/or to authorise
any person or persons to operate the above bank account.
6) To borrow or raise loans from time to time, such sums of money, from any individuals, recognised
financial institutions such as Banks, Andhra Pradesh State Financial Corporation, Industrial
Development Corporation etc., and upon such terms as the said attorney may think fit upon the
security of any of the properties of the firm ................................................. whether movable or
immovable and for such purpose to execute such document or documents as may be necessary for
securing the repayment of such loan or loans.
7) To negotiate, enter into any bargain, do all acts, things or execute any deeds or documents or other
instruments or assurances as may be necessary for selling, mortgaging or purchasing any movable
or immovable property, from any individual, recognized financial institutions such as Banks, Andhra
Pradesh State Financial Corporation, Industrial Development Corporation etc., and upon such terms
as the said attorney may thinks fit.
8) To institute contest, compound, submit to arbitration all suits proceedings, claims, demands etc.,
arising in course of or in relation to the aforesaid business.
9) To execute and sign in our name individually or collectively and on our behalf any document, letter or
deed in respect of .......................................................... to carry on the business effectively.
And I/We hereby agree to ratify and confirm all and whatsoever our said attorney shall lawfully do or
cause to be done by virtue of this deed.
In witness whereof, I/We the said partners has hereto signed at ............................................... on this the
...................................................
WITNESSES:- Name of Partner Signatures
1. 1. 1.
Date :
3. I/We _______________________________ certify that no criminal cases are pending against me/us
partners at the time of submitting the tender.
6. I/We ______________________________ certify that the following addenda issued by the SAC have
been received by me/us and incorporated in my /our tender.
1 dated
2 dated
3 dated
Signature of Witness :
Name of Witness :
Address of Witness :
(Bidder shall enter the particulars of addenda issued by the SAC and enclose the addenda to the tender in
sealed cover ‘A’ at the time of submitting the tender)
(Part- I)
Name of Work Manufacture, supply and delivery of Fully Automatic Truck Mounted Refuse
Compactor of 14 cum capacity as per specifications including Truck chassis with Driver's
cabin &PTO of BS-IV including loading, mounting, transportation to site , testing
commissioning and other charges etc including AMC for a period of 2 years to 110 ULBs in AP
State.
(Enclosed Separately)
Part-II
NOTE:
1) The rates mentioned in Bill of Quantities (Part –I) are inclusive of overhead charges and Bidders profit
but exclusive of VAT .
2) The overhead charges include the components of loading, mounting, transportation to site , testing,
commissioning, Registration of vehicle, Comprehensive Insurance for initial period of 1 year , Road
tax for 1 year charges by the Bidder . Hence, the bidder’s quoted rates are inclusive of costs towards
loading, mounting, transportation to site , testing, commissioning, Registration of vehicle,
Comprehensive Insurance for initial period of 1 year , Road tax for 1 year charges, and no
reimbursement for these will be made separately.
3) The Bidder has to take Policies and certificates of insurance etc in the name of the Commissioner of
ULB and they shall be delivered to the ULB with a copy to the Chief Engineer, SAC, Vijayawada, at
the time of concluding Agreement. Failing to comply with the above, the ULB shall take insurance
policy at the cost of Bidder duly deducting the premium from the Bidder bills.
Name of work: Manufacture, supply and delivery of Fully Automatic Truck Mounted Refuse
Compactor of 14 cum capacity as per specifications including Truck chassis with Driver's
cabin &PTO of BS-IV including loading, mounting, transportation to site , testing
commissioning and other charges etc including AMC for a period of 2 years to 110 ULBs in AP
State.
SCHEDULE OF QUANTITIES
Item
Description of work Quantity Rate (in.Rs.)
No.
1 2 3 4
In figures In words
Manufacture, supply and delivery
of Fully Automatic Truck
Mounted Refuse Compactor of
14 cum capacity as per
1. No.
specifications including Truck
chassis with Driver's cabin
&PTO of BS-IV including
loading, mounting,
transportation to site , testing
commissioning and other
charges etc including AMC for a
period of 2 years to 110 ULBs in
AP State.
Note :-
1. I / we hereby offer the above-mentioned Rate for supply and delivery of above compactor
vehicle. This offer submitted is unconditional.
2. Rates quoted by the firm shall be inclusive of all taxes/charges and which will be valid
throughout the contract period
Dated:
Signature of the
bidder/applicant with stamp
SEALED with the Common Seal of the Bank this …………….. day of ……………..200….
(2) If the Bidder having been notified of the acceptance of his bid by the Department during the
period of validity.
(a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to
Bidders, if required; or
(b) fails or refuses to furnish the balance EMD and additional performance Security in
accordance with the instructions of Bidders.
We undertake to pay to the Department up to the above amount upon receipt of his first
written demand, without the Department having to substantiate his demand, provided that in
his demand the Department will note the amount claimed by him is due to him owning to the
occurrence of one or both of the two conditions, specifying the occurred condition or
conditions.
This Guarantee will remain in force up to and including the date** …………………… after
the dead line for submission of Tenders as such deadline is stated in the Instructions to
Tenders or as it may be extended by the Department, notice of which extension(s) to the
Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not
later than the above date.
--------------------------------------------------------------------------------------------------------
(Signature, Name and Address)
--------------------------------------------------------------------------------------------------------
** 6 months for the deadline date for submission of Tender. Date should be inserted by the
Department before the Tender documents are issued.
PROFORMA
WHEREAS__________________________________________________ ________
_____________________________________________________________________ _____ __
_____________________(name and address of Bidder ) (hereinafter called “the Bidder”) has
undertaken, in pursuance of Contract No. ________ dated: ____________ to execute the work of
_________________ [name of work];
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a Schedule bank for the sum specified therein as balance EMD / EMD for
compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Bidder such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Bidder, up to a total of _____________________ [amount of guarantee]
_________________________________ [in words], such sum being 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 Bidder 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 Bidder 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 upto ……………………….. i.e., until 28 days from the date of expiry
of the Defects Liability period.
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a Schedule bank for the sum specified therein as Additional further
security bank guarantee for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Bidder such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Bidder, up to a total of Rs._____________________ [amount of guarantee]
_________________________________ [in words], such sum being 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 Bidder 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 Bidder 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 upto and until 28 days from the date completion.
2. Address :-
3. Tin :-
The above dealer has filed returns up to date (Month & Year ) and has paid Taxes
due there in.
The dealer has no pending arrears under APVAT Act 2005, CST ACT 1956 and
APGST ACT 1957, A.P.Entry Tax Act as on date.
This certificate is valid upto a period of Twelve months from the date of issue.
Date :
Place:
Assessing authority
No. dated
To
Dear Sir,
IFB No:
We hereby extend our full guarantee and warranty as noted below for the goods for
supply against this invitation for bid by the above firm.
WARRANTY:
1. We warrant that the goods supplied under this contract are new, unused, of the most
recent or current models and incorporate all recent improvements in design and
materials unless provided otherwise in the contract. We further warrants that the goods
supplied under this contract shall have no defect arising from design, materials or
workmanship (except insofar as the design or material is required by the purchaser's
specifications) or from any act or omission of that may develop under normal use of the
supplied goods in the conditions prevailing in the country of final destination.
2. This warranty shall remain valid for 24 months after the goods or any portion thereof as
the case may be, have been delivered and successfully commissioned as indicated in
the contract.
3. The purchaser shall promptly notify the supplier in writing of any claims arising under this
warranty.
4. Upon receipt of such notice, the supplier shall, with all reasonable speed, repair or
replace the defective goods or parts thereof, without cost to the purchaser other than,
where applicable, the cost of inland delivery of the repaired or replaced goods or parts
from the port of entry to the final destination.
5. If the supplier, having been notified, fails to remedy the defect(s) within a reasonable
period, the purchaser may proceed to take such remedial action as may be necessary,
6. The supplier should have not received any legal proceedings or under investigation from
any of the Government agencies for any fraudulent activities/supplies made and a
certificate from the company legal Adviser/ CA in this regard should be submitted along
with the tender.
Yours faithfully,
Name:
for and on behalf of M/s.
(Name of manufacturers)