Professional Documents
Culture Documents
HOUSING DEPARTMENT
* * * * *
TENDER DOCUMENT
FOR
Procurement of Fe500 /Fe 500D Grade HYSD Steel Bars to any Mandal Head
Quarters/Godown Points/ Project Site of APSHCL in the Districts of Andhra Pradesh.
(e- Procurement)
+
Name of the Work : Supply of Fe500/ Fe 500 D grade of HYSD steel bars to any
Mandal head quarters/Godown points/ Project Site of
APSHCL in the Districts of Andhra Pradesh.
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Contents
Page
S. No. Description
No.
1 Introduction 6
2 Section – I –Notice Inviting Tenders (NIT) 7-11
3 Section - II : Instruction to bidders 12
4 1 Source of funds 12
5 2 Eligible Bidder 12
6 3 Eligible Materials 12
7 4 Cost of bidding 12
8 5 Content of Bidding Documents 12
9 6 Clarification of bidding documents 13
10 7 Amendment of bidding documents 13
11 8 Language of Bid 13
12 9 Documents comprising the bid 14
13 10 Bid Form 14
14 11 Bid prices 14
15 12 Bid currencies 14
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28 25 Post – Qualification 21
29 26 Award Criteria 21
30 27 Purchaser’s right to vary quantities at Time of Award 21
31 28 Purchaser’s right to accept any Bid and to reject any or all Bids 21
32 29 Notification of Award 22
33 30 Signing of contract 22
34 31 Performance security 22
35 32 Fraud and corruption 22
36 38 Pre-bid Meeting 24
Section - III General conditions of contract 25
37 1 Definitions 25
38 2 Application 25
39 3 Country of Origin 26
40 4 Standards 26
41 5 Use of contract documents and Information 26
42 6 Patent Rights 26
43 7 Performance Security 26
44 8 Inspections and Tests 27
45 9 Packing 28
46 10 Delivery and Documents 29
47 11 Insurance 29
48 12 Transportation 29
49 13 Incidental services 29
50 14 Payment 29
51 15 Change Orders 30
52 16 Contract Amendments 30
53 17 Assignment 30
54 18 Sub-contracts 30
55 19 Delays in the suppliers performance 30
56 20 Liquidated Damages 31
57 21 Termination for Default 31
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58 22 Force Majeure 31
59 23 Termination for Insolvency 32
60 24 Termination for convenience 32
61 25 Resolution of Disputes 32
62 26 Governing Language 34
63 27 Applicable law 34
64 28 Notices 34
65 29 Taxes and duties 34
66 Section – IV – Special conditions of contract 35
67 1. Introduction 35
68 2. Definitions(Clause I of GCC) 35
69 3. Country of origin(Clause3 of GCC) 35
70 4. Inspection and Tests(clause8 of GCC) 35
71 5. Packing (Clause 9 of GCC) 36
72 6. Delivery and Documents(Clause 10 of GCC) 36
73 7. Incidental Services(Clause 13 of GCC) 36
74 8. Payment(Clause14 of GCC) 36
75 9. Liquidated Damages(Clause20 of GCC) 36
76 10. Resolution of Disputes(Clause 25 of GCC) 37
77 11. Notices(Clause28 of GCC) 37
78 12. Actions Against the Misconduct of the Supplier 37
79 13. Progress of Supply 38
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88 Section – X Declaration form 51
89 Section-XI - Check slip 52
90 Contract form 53-54
91 FORMATS of Securities 55-58
92 Notes to Bidder 59
93 Annexure-I 61
94 Annexure-II 62
95 Annexure-III – Format for Power of Attorney to sign the bids 66
96 Annexure-IV – Declaration of bidder that bidder is not blacklisted and not declared NPA 67
97 Annexure-V – History of Litigation or arbitration 68
98 Annexure-VI – List of Project Sites along with details of Latitudes & Longitudes
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Introduction
● The Andhra Pradesh State Housing Corporation Ltd., (APSHCL) (Tender Inviting
Authority) is a fully owned by Government of Andhra Pradesh aims to bring dignity to each
and every BPL family by assisting them, both financially and technically, for construction of
permanent (pucca) houses.
● APSHCL has so far facilitated for construction of 72.26 Lakh houses under different Schemes
in Rural and Urban areas of Andhra Pradesh. Several Materials viz., Steel and Cement have
been procured and supplied to the beneficiaries.
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Section – I–Notice Inviting Tender (NIT):
1. Bids are invited on the e-procurement platform for Procurement of Fe500/ Fe 500D Grade
HYSD Steel bars as described in the Section V- Schedule of Requirements from the eligible
entities. The details of bidding conditions and other terms can be downloaded from the
electronic procurement platform of Government of Andhra Pradesh i.e.
www.tender.apeprocurement.gov.in
3. The bidders need to scan and upload the required documents as per the Check list given in
Section XI. Such uploaded documents pertaining to technical bid need to be attached to the
tender while submitting the bids online. The successful bidder shall invariably furnish the
original certificates/Documents of the uploaded scanned copies to the Tender Inviting
Authority, original Bank Guarantee/ Demand Draft towards EMD with in (15) days of the
receipt of the notification of Award from the purchaser 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 genuineness of the DD/BG towards EMD and all
other certificates/Documents uploaded by the successful bidder in e-Procurement system in
support of the qualification criteria before concluding the Agreement.
4. All Bank Guarantees uploaded by all Bidders would be verified with the issuing Bank,
subsequently and if any uploaded Bank Guarantee is found to be forged or tampered with or
fake, then it would be considered as fraud and would be liable for criminal action invariably.
5. If any successful bidder fails to submit the original Hard Copies of uploaded certificates /
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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 deter frivolous
bidders and to avoid delays in the tender process for execution of the development schemes
taken up by the Government. The information to this extent will be displayed in the e-
Procurement platform website and all Govt. Dept./Public Sector Units/ Local
Bodies/Autonomous Bodies in Andhra Pradesh would prevent such bidders from
participating in the bidding process.
6. Other terms-
a) The bidder/s shall furnish, as part of it’s bid, the EMD for the amounts specified in the
Schedule of Requirements (Section –V) for the districts he intends to quote the bid to be
paid in the form of an unconditional and irrevocable Bank Guarantee issued by any
Nationalized banks, Scheduled Commercial bank in the standard format as shown in the
Tender Schedule or a crossed Demand Draft drawn in favour of Managing Director,
APSHCL, Tadepalli, Payable at Vijayawada along with bids.
As per G.O.Ms.No.12 of Information Technology, Electronics & Communications
Department dated 01.06.2016 :
i. The bidders can pay the EMDs using Net banking/RTGS/NEFT, the bidders should
pay EMDs from their registered bank accounts and the unsuccessful bidders
EMDs will be refunded to their registered bank accounts in the new e
procurement system.
ii. The bidders can also pay the EMDs using Credit Card / Debit Card, as per the
VISA/Master Card Guidelines, return of EMD will be only to the Originating
Card from which payment was made, as per the standard practice of Credit Card /
Debit Card refunds.
Note : Proof of paying EMD through Net banking / RTGS / NEFT / Credit Card /Debit
Card shall be scanned and uploaded along with other documents /certificates.
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In case of Bank Guarantee/Demand Draft towards EMD, the bidder shall upload a covering
letter issued from the concerned Bank addressed to the Managing Director, APSHCL,
Tadepalli along with Bank Guarantee/Demand Draft stating that, they have issued Bank
Guarantee/Demand Draft for the bidder in the prescribed proforma enclosed in the Formats
of securities.
In case of Bank Guarantee, the validity period of Bank Guarantee shall be upto (180) days
from the dead line of submission of bids.
In case of EMDs paying through Net Banking/RTGS/NEFT/Credit Card/Debit Card, the
Bank Account details of Andhra Pradesh State Housing Corporation Ltd. is as follows.
In case of Bank Guarantee, the bidder shall furnish Bank Guarantees separately for each
District he intends to quote the bid for the amounts as shown in Section-V.A.
c) APSHCL will not accept the tenders from blacklisted companies or undependable
Suppliers whose past performance with APSHCL was found poor due to delayed and/or
erratic supplies and those with frequent product failures, and also against whom there
have been adverse reports of Sub-Standard Quality of material supplies, as defined in the
other parts of the Bidding document.
7. Time Limits prescribed:
Note: The dates stipulated above are firm and under no circumstances they will be relaxed unless
otherwise extended by an official notification or happen to be Public Holidays. For the
assistance in the online submission issues, the bidder may contact the help desk of M/s
Vupadhi Techno Services Pvt. Ltd. (e-procurement) at their e-mail address:
eprocsupport@vupadhi.com or on the mobile nos.: 7337318402, 9959654764,
9347715628, 8919458857, 7416805449, 8919880420 (Due to COVID19 Lockdown
support will be through mobile numbers from 9AM to 6:30 PM)
a) The Tenderers /Bidders who are desired to participate in e-procurement shall submit their
Technical bids, price bids etc., in the Standard formats prescribed in the Tender
documents, displayed at e-procurement market place.
b) The bidders shall sign on all the statements, documents, certificates, uploaded by them,
owning responsibility for their correctness /authenticity.
c) The hard copies of all uploaded documents shall be self attested and submitted to
Managing Director, APSHCL, Tadepalli, Amaravathi by the successful bidder within
(15) days of the receipt of the Notification of Award from the purchaser.
d) The APSHCL shall not hold any risk on account of postal delay. Similarly, if any of the
certificates, documents, etc., furnished by the tenderer are found to be false / fabricated /
bogus, the bidder will be disqualified, blacklisted, action will be initiated as deemed fit
and the EMD will be forfeited.
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e) The APSHCL will not hold any risk and responsibility for the loss in transit during
uploading of the scanned document, for the invisibility of the scanned document online,
and any other problem(s) encountered by the Tenderers while submitting his bids online.
11.1 Quality of Supplied Material throughout its life cycle period, timely supplies without
default are being given paramount importance by the APSHCL. The APSHCL will be
dealing with the defaulters with firm hand, which may lead to blacklisting for a
specified period in addition to levying penalties.
11.2 In case of complaints on the quality of Material supplied, bills will be withheld till
receipt of Satisfactory reports. Further:
If one item of any Supplier is found of ‘Sub-Standard Quality’ during the Contract
period, then that particular item will be blacklisted for a period of (3) three years
immediately succeeding the Contract Period
If two items of any Supplier are found of ‘Sub-standard Quality’ during the Contract
period, then Supplier will be blacklisted for a period of (3) three years immediately
succeeding the Contract Period
11.3 The APSHCL will blacklist the Supplier, who is declared as ‘Undependable for two
(2) items or in two (2) instances during the Contract period, for a period of one year
immediately succeeding the Contract period apart from taking other penal actions
under the Contract.
11.4 The decision of the Managing Director, APSHCL, or any officer authorized by him in
respect of the quality of the supplied Material etc., shall be final and binding.
11.5 No claims shall be allowed against the APSHCL in respect of interest on Earnest
Money Deposit or on Security Deposit or late payments.
11.6 No suit, prosecution or any legal proceedings shall lie against APSHCL or any person
for anything, which is done in good faith or intended to be done in pursuance of bid.
11.7 For any clarification of bidding documents may write at APSHCL mailing address
apshcl.materials@gmail.com.
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Section - II : Instructions to bidder (ITB)
Introduction
1 Source of funds:
The funds are made available by the State Government of Andhra Pradesh /Central Government
, to the Managing Director, APSHCL towards the procurement processed under this tender
notification.
2 Eligible Bidder
2.1. This invitation for Bids is open to all Manufacturer companies or their affiliate companies or
consortium of maximum three partners, who fulfill the eligibility criteria mentioned in the
Clause 13 of ITB and who meet qualification criteria mentioned in the Section VI.
3 Eligible Material
3.1. All Material to be supplied under the contract shall have their origin in India only. The
Material shall meet the requirements as specified in the Technical Specifications and meet
the eligibility criteria as given at Clause 14 of ITB.
3.2. The origin of Material and services is distinct from the nationality of the Bidder.
4 Cost of bidding.
4.1. The Bidder shall bear all costs associated with the preparation and submission of its bid, and
the Managing Director, APSHCL, Tadepalli, Amaravathi. Here in after referred to as " the
purchaser", will in no case be responsible or liable for these costs, regardless of the conduct
or outcome of the bidding process.
i. Instructions to Bidders;
ii. General conditions of contract;
iii. Special conditions of contract;
iv. Schedule of requirements& Technical Specifications;
v. Pre-qualification Criteria;
vi. Bid form and price schedules;
vii. EMD form;
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viii. Performance security form.
ix. Performance statement form
x. Authorization, Power of attorney.
xi. Declaration Form
xii. Check List of the documents uploaded on e-platform as part of the bid
5.2. The bidder is expected to examine all instructions, forms, terms and specifications in the
bidding documents. Failure to furnish all information required by the bidding documents
or submission of a bid not substantially responsive to the bidding documents in every
respect will be at the bidders risk and may result in rejection of its bid.
6 Clarification of bidding documents
6.1. A prospective Bidder requiring any clarification of the bidding documents may notify the
7.2. The amendment will be notified on ap e-procurement platform. Bidders are advised to
check the Andhra Pradesh e-procurement website for any changes/modifications in the
Bid document.
7.3. In order to afford prospective Bidders reasonable time in which to take the amendment
into account in preparing their bid, the purchaser may, at its discretion, extend the
deadline for the submission of bids.
Preparation of Bids
8 Language of Bid.
8.1. The Bid prepared by the Bidder and all correspondence and documents relating to the bid
exchanged by the bidder and the purchaser, shall be written in the English language,
provided that any printed literature furnished by the Bidder may be written in another
language so long as accompanied by an English translation of its pertinent passages in
which case, for purposes of interpretation of the bid, the English translation shall govern.
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9 Documents comprising the bid
9.1. The bid prepared by the bidder shall comprise the following components:
1. Technical Bid:
a. A Bid form completed in accordance with clause10
b. Documentary evidence established in accordance with clause 13 that the bidder is eligible
to bid and is qualified to perform the contract if its bid is accepted.
c. Documentary evidence established in accordance with clause 14 that the Materials to be
supplied by the Bidder are eligible, Materials confirm to the Bidding Documents; and
d. EMD furnished in accordance with clause15.
10 Bid Form
10.1. The Bidder shall complete the bid form provided in the Bidding documents, indicating for
the Materials to be supplied, brief description of the Materials and other declaration
statements.
11 Bid prices.
11.1. The Bidder shall indicate on the appropriate price schedule, made available in the
e-procurement platform and a model format is also attached to these documents in section
VII (B). The bidder shall quote amount of the Material it proposes to supply under the
contract for the total Quantity shown against each district in Section – V.A including
GST. The bid amount shall be rounded off to the nearest Indian Rupee.
11.2. Amount indicated on the price schedule shall be entered separately in the following
manner:
i. The amount of the Materials delivered, including all duties and sales and other taxes
as applicable, including Packing, transportation, loading, unloading and stacking at
site and all incidental charges associated with the contract but excluding GST.
ii. GST.
iii. Total amount
11.3. The Bidder's separation of the price components in accordance with para 11.2 above will
be solely for the purpose of facilitating the comparison of bids by the purchaser and will
not in any way limit the purchaser's right to contract on any of the terms offered.
11.4. Fixed Amount. Amount quoted by the Bidder shall be fixed during the Bidder's
performance of the contract and not subject to variation except for any changes made by
the Statute in respect of local taxes. Failure will be treated as non-responsive and rejected,
pursuant to clause 28.
12 Bid currencies.
12.1. Amount shall be quoted in Indian Rupees; Bids quoted other than Indian currency will be
rejected.
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13 Documents Establishing Bidder's Eligibility and Qualifications.
13.1. Pursuant to clause 9, the bidder shall furnish, as part of its bid, documents establishing the
bidder’s eligibility to bid and its qualifications to perform the contract if its bid is
accepted
13.2. The documentary evidence of the Bidder's eligibility to bid shall establish to the
purchaser’s satisfaction that the bidder, at the time of submission of the bid, is an eligible
bidder as defined under clause 2.
13.3. The documentary evidence of the Bidders qualifications to perform the contract if its bid
a. that, in the case of bidder offering to supply Materials under the contract which the bidder
is manufacture produce, Firm Registration/manufacturer license that the bidder is
manufacturer & also Memorandum of Articles. or otherwise produce, the bidder has been
duly authorized.
i. The legal status, place of registration and principle place of business of the company.
ii. Details of experience and past performance of the bidder on specified item offered in
the bid and on those of similar nature during the last Five years (suggested proforma
given in section VIII – Format – B1 by the Chartered Accountant)
iii. Copy of the GST Registration preferably in Andhra Pradesh and Details of IT- PAN
/ TIN copies. If the GST Registration is not in Andhra Pradesh, the successful bidder
shall furnish the copy of GST Registration of Andhra Pradesh State within 15 days
after award of work.
13.4. The check list for the details of documents to be submitted is given at Section XI.
14 Documents Establishing Materials quality and conformity to bidding documents.
14.1. Pursuant to clause 9 the bidder shall furnish, as part of its bid, documents establishing the
quality and conformity to the bidding document of all Materials which the bidder proposes
to supply under the contract.
14.2. The documentary evidence of the Materials quality shall consist and of statement in the
price schedule on the country of origin of the Materials offered which shall be confirmed
by a certificate of origin at the time of shipment.
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14.3. The documentary evidence of the Materials quality and conformity to the bidding
documents may be in the form of literature, drawings and data, and shall furnish:
14.4. For purpose of the commentary to be furnished pursuant to clause 14.3 above, the bidder
shall note that standards for workmanship, material, and references to brand names or
catalogue numbers designated by the purchaser in its technical specifications are intended
to be descriptive only and not restrictive.
15 EMD
15.1. Pursuant to Clause 9, the Bidder shall furnish, as part of it bid, the EMD for the amounts
specified in the Notice Inviting Tender (Section-I).
15.2. The EMD is required to protect the purchaser against risk of bidders conduct which would
15.3. The EMD shall be in Indian Rupees and shall be in one of the following forms:
15.4. Any bid not secured in accordance with para 15.1 and 15.3 above will be rejected by the
15.5. Unsuccessful Bidder’s EMD will be discharged/ returned but not later than 30 days after
15.6. The successful Bidder’s EMD will be discharged upon the Bidders executing the contract,
pursuant to clause 30 and furnishing the performance security pursuant to clause 31.
a. If a Bidder withdraws its bid during the period of bid validity specified by the Bidder
on the Bid form ; or
b. In case of successful Bidder, if the Bidder fails;
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i. to sign the contract in accordance with clause 30; or
ii. to furnish performance security in accordance with clause 31.
iii. To furnish all original certificates/Documents of all the uploaded scanned copies,
Bank Guarantee /Demand Draft towards EMD to the Tender Inviting Authority.
iv. GST Registration of Andhra Pradesh State.
v. If there are discrepancies between uploaded Documents and original Documents
furnished.
vi. If the Bidder violates any of the provisions of Bid Document.
c. If the Bidder does not accept the corrected amount the Bid will be rejected, and the
EMD will be forfeited.
16.2 In exceptional circumstances, the Purchaser may solicit the Bidders consent to an extension
of the period of validity the request and the responses thereto shall be made in writing (or
by mail). The EMD provided under clause 15 shall also be suitably extended. A bidder may
refuse the request without forfeiting its EMD.
17.1 The bid shall be typed or written in indelible ink and shall be signed by the Bidder or a
person or persons duly authorized to bind the bidder to the contract. The authorization
shall be indicated by written power-of-attorney accompanying the bid. All pages of the
bid, except for un amended printed literature, shall be initialed by the person or persons
signing the bid. Letter Authorizing Person/Persons must be signed by the competent
Authority of the bidder . The Power of Attorney shall be submitted as per Annexure - III
on Rs.100/- Non Judicial Stamp Paper.
17.2 The bid shall contain no interlineations, erasures or overwriting except as necessary to
correct errors and made by the bidder in which case such corrections shall be initialed by
the person or persons signing the bid.
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Submission of Bids
18.1 The bids shall be uploaded (submitted) electronically, as described in the Notice Inviting
Tender (Section –I). The hard copies of the bids of the successful bidder in sealed covers
must be received by the Purchaser at the address specified below with in (15) days of
receipt of Notification of Award from the purchaser.
18.2 The Bid shall be addressed to the purchaser at the following address:
words "Do not open before---------------------------------. The envelopes shall indicate the
name and address of the Bidder to enable the bid to be returned unopened in case it
declared “late".
18.4. If the envelope is not sealed and marked as required by Para 18.2 and 18.3 above, the
purchaser will assume no responsibility for the bids misplacement or premature opening.
19.1 The Bids (electronic) must be received by the purchaser, not later than the time and date
specified in the Notice Inviting Tender (Section I). The Hard copies of the bids of the
successful bidder in sealed covers must be received by the purchaser within (15) days of
receipt of notification of Award from the purchaser
19.2 The purchaser may, at its discretion, extend this deadline for submission of bids by
amending the bid documents in accordance with clause 7, in which case all rights and
obligations of the purchaser and bidders previously subject to the deadline will thereafter be
subject to the deadline as extended.
20 Late Bids.
20.1 Any bid received by the purchaser after the deadline for submission of bids prescribed by
the purchaser, pursuant to clause 19, will be rejected and/ or returned unopened to the
Bidder.
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21 Modification and Withdrawal of Bids
2.1 No bid shall be modified subsequent to the deadline for submission of bids.
2.2 No bid shall be withdrawn in the interval between the deadline for submission of bids
and the expiration of the period of bid validity specified by the Bidder on the Bid form.
Withdrawal of bid during this interval may result in the Bidders forfeiture of its EMD ,
pursuant to Clause15.7
22 Bids Evaluation:
The following (3) stage bid evaluation will be adopted.
i. Pre – Qualification.
ii. Commercial / Price Bid evaluation.
iii. Technical Bid evaluation.
In case of Bank Guarantee /Demand draft towards EMD , the bidder shall upload a
covering letter issued from the concerned Bank addressed to the Managing Director,
APSHCL, Tadepalli along with Bank Guarantee/ Demand draft stating that, they have
issued Bank Guarantee / Demand draft for the bidder in the prescribed proforma
enclosed.
In case of Bank Guarantee towards EMD, the validity period of Bank Guarantee shall
be upto (180) days from the dead line for submission of bids.
22.3 All bidders satisfying Pre-Qualification Criterion as per their submittals and self Declaration
on e- Procurement site shall quote their price offer.
22.4 The price bids of all the bidders shall be opened and the lowest quoted price bid among the
qualified bidders in the tender process shall be determined.
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23 Evaluation and comparison of Bids.
iv) The L1 Price Offer (Initial) shall be the maximum allowable Bid price for the
reverse tendering process.
v) Only one round of reverse tendering shall be carried out in which bidders can
revise their bids multiple times within the time limits specified.
vi) At the start of the Reverse Tendering process the Maximum Allowable Bid Price
will be set and bidders shall submit their bids in an online platform.
vii) Names of the bidders / vendors shall be anonymously masked in the Reverse
Tendering process and vendors will be given suitable dummy names.
viii) Bidders can modify the total price, based on the minimum bid decrement or the
multiples thereof, to displace a standing lowest bid and become “L1”, and this
will continue as an iterative process.
ix) For the purpose of Reverse tendering, the minimum bid decrement will be INR -
------------------. @ 0.5% on the Lowest price offer.
xii) After the completion of reverse tendering, the system will calculate the total
price of the bid.
23.2 The quoted amount should consist of cost of Material, all taxes and statutory levies,
required packing transportation, loading, unloading and stacking at any Mandal head
quarters/godown points/ Project site/and other costs incidental to the delivery of Material to
their final destination, including GST.
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24 Contacting the purchaser.
24.1 No Bidder shall contact the purchaser on any matter relating to the bid, from the time of
the bid opening to the time, the contract is awarded.
24.2 Any effort by a Bidder to influence the Purchaser in the purchaser's bid evaluation, bid
comparison or contract award decisions may result in rejection of the Bidders bid.
25 Post – Qualification
25.1 Upon successful verification of the L1 bidder’s supporting documents, the reverse
tendering process shall be closed declaring the L1 bidder as “successful bidder” and the
remaining bidders in the process shall be notified as “unsuccessful” and their respective
EMDs shall be refunded.
25.2 In case there are discrepancies between the L1 bidder’s declarations under the technical
and financial criteria and the supporting documents submitted, the L1 bidder shall be
disqualified, his EMD shall be forfeited, he will be removed from the reverse tendering
process and the remaining bidders shall be notified of the date and time when the reverse
tendering process shall be resumed.
25.3 The reverse tendering process shall be resumed with the L2 price as the Maximum
Allowable Bid Price.
25.4 Only 15 minutes shall be initially allowed for the remaining bidders to revise their bids,
subject to automatic extensions of 15 minutes in case of any reduction in bids recorded in
the prior 15 minutes.
25.5 The reverse tendering process shall continue until the determination of a successful bidder.
26 Award Criteria
26.1 Subject to clause 28, the purchaser will award the contract to the successful Bidder whose
bid has been determined to be substantially responsive and has been determined as the
lowest evaluated bid as per Clause 23 & 25.
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29 Notification of Award.
29.1 Prior to the expiry of the period of the bid validity, the purchaser will notify the successful
Bidder in writing by registered letter or cable or telex or e-Mail duly confirming that the bid
has been accepted.
29.2 The notification of award will constitute the formation of the contract.
29.3 Upon the successful Bidder's furnishing of performance security, pursuant to clause 30, the
purchaser will promptly notify each unsuccessful Bidder and will discharge their EMD,
pursuant to clause15.
30 Signing of contract
30.1 Within 15 days of receipt of the notification of award the successful Bidder shall sign the
contract.
31 Performance security
31.1 Within 15 days of the receipt of notification of award from the purchaser, the successful
Bidder shall furnish 2.5% of Tender Contract Value (TCV) towards the performance
security in accordance with the conditions of contract, in the performance security form
provided in the Bidding documents or another form acceptable to the purchaser and signs
the agreement.
31.2 Failure of the successful Bidder to comply with the requirement of clause 30 shall
constitute sufficient grounds for the annulment of the award and forfeiture of the EMD, in
which event the purchaser may make the award to the next lowest evaluated bidder or call
for new bids.
32 Fraud and corruption
32.1 .It is the purchaser’s policy that requires that the bidders, suppliers and contractors and
their subcontractor observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this policy, the purchaser;
32.1.1 defines, for the purposes of this provision, the terms set forth below as follows:
32.1.1.1 “corrupt practice” is the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
(bb) acts intended to materially impede the exercise of the purchaser’s inspection
and audit rights provided for under sub - clause 32.2 (iv) below.
32.2. The purchaser may, without prejudice to other terms of the bidding:
i. will reject a proposal for award if it determines that the bidder considered forward
has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive
or obstructive practices in competing for the contract in question;
ii. will cancel the contract if the purchaser determines at any time that the bidder,
supplier and contractors and their sub-contractors engaged in corrupt, fraudulent,
collusive, or coercive practices.
iii. will sanction a firm or individual, including declaring ineligible, either indefinitely or
for a stated period of time, to be awarded a contract if it at any time determines that
the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for, or in executing, a contract; and
iv. will have the right to inspect the accounts and records of the bidders, supplier, and
contractors and their subcontractors and to have them audited by auditors appointed
by the Purchaser.
23
33 Wherever the audit parties of A.G point out that the Supplier is unintendly Benefited, then
the Purchaser is empowered to recover the same amount from the Supplier and it is binding
on the Supplier.
34 If the amount quoted by a bidder is found to be either abnormally high or with in the
permissible ceiling limits prescribed but under collusion or due to unethical practices
adopted at the time of tendering process, such tenders shall be rejected.
35 A bidder submitting a bid which the tender accepting authority considers excessive and or
indicative of insufficient knowledge of current prices or definite attempt of profiteering will
render him liable to be debarred permanently from tendering or for such period as the tender
accepting authority may decide.
36 The bidder Quoted amount should be based on the controlled prices for the materials, if
any, fixed by the Government or the reasonable prices permissible for the bidder to charge a
private purchaser under the provisions of clause-6 of the hoarding and profiteering
prevention ordinance of 1943 as amended from time to time and on similar principle in
regard to labour supervision on the construction.
39 The list of Project sites with details of Latitudes and Longitudes are enclosed in Annexure –
VI.
24
Section - III : General Conditions of Contract (GCC)
1 Definitions
a. "The contract" means the agreement entered into between the purchaser and the
supplier, as recorded in the contract form signed by the parties, including all the
attachments and appendices thereto and all documents incorporated by references
therein.
b. The ”ËMD” means Earnest Money Deposit.
c. "The Contract Price" means the price payable to the supplier under the contract for
the full and proper performance of its contractual obligations.
d. "The Material" means all the materials which the supplier is required to supply to
the purchaser under the contract.
e. “An undependable Supplier/s’ under contract means any Supplier who do not accept
the purchase order or who delays the supply of required quantities beyond the
permitted delays with liquidated damages.
f. "The Purchaser or Corporation" means the APSHCL the purchasing agency
g. "The Supplier" means the individual or firm supplying the material under this
contract.
h. “The Government” means the Government of Andhra Pradesh or its authorized
representatives
i. The Destination point “Project Site”, where applicable means the place or places of
any Mandal Head quarters/ Godown Points/ Work site..
j. “Day” means calendar day
k. “Delivery period” means the period applicable up to completion of supply, by the
supplier at the Destination point i.e. to any Mandal head quarters/Godown points/
Project site and accepted by the Purchaser or its representative.
2 Application
1.2 These General conditions shall apply to the extent that they are not superseded by
provisions in other parts of the contract.
25
3 Country of Origin:
It should be disclosed. All Materials to be supplied under the contract / agreement shall have
their origin in India.
4 Standards
4.1. The Materials supplied under this contract shall conform to the standards mentioned in
the Technical specifications.
5.2. The supplier shall not, without the purchasers prior written consent make use of any
document or information enumerated in para 5.1 except for purposes of performing the
contract.
5.3. Any document other than the contract itself enumerated in para 5.1 shall remain the
property of the purchaser and shall be returned (in all copies) to the purchaser on
completion of the suppliers performance under the contract if so, required by the
purchaser.
6 Patent Rights
6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement
of patent, trademark for industrial design rights arising from use of the material or any
part thereof in India.
7 Performance Security
7.1. Within 15 days after the supplier’s receipt of notification of award of the contract, the
supplier shall furnish performance security to the purchaser for the amount specified in
the special conditions of contract.
7.2. The proceeds of the performance security shall be payable to the purchaser as
compensation for any loss resulting from the supplier’s failure to complete its
obligations under the contract.
26
7.3. The performance security shall be denominated in Indian Rupees and shall be in one of
the following forms by the Successful Bidder:
7.4. The performance security will be discharged by the Purchaser and returned to the
supplier on the following conditions:-
a. After 90 days from the date of completion of agreement period or extended
agreement period whichever is later, subject to receipt of confirmation regarding
supply of standard quality material from all the representatives of the Purchaser to
whom the material supplied.
8 Inspections and Tests.
8.1. The purchaser or his representatives shall have the right to inspect and / or to test the
Material to confirm their conformity to the contract. The special conditions of contract
and / or the Technical specifications shall specify what inspections and tests the
purchaser requires and where they are to be conducted. The purchaser shall notify the
supplier in writing of the identity of any representatives retained for these purposes.
8.2. The inspections and tests may be conducted in the premises of the supplier or at point of
delivery and/or at the Material final destination or at any NABL accredited
laboratories. Where conducted on the premises of the supplier all reasonable facilities
and assistance including access to drawings and production data shall be furnished to
the inspectors at no charge to the purchaser.
8.3. If the samples fails to confirm the conformity of specifications as Specified in Technical
specifications of the material, the entire payment made for the material supplied during
the said Consignment to APSHCL by the supplier shall be recovered by the APSHCL
from out of the pending and ensuing payments to the supplier or EMD/Performance
guarantee.
27
8.4. The purchasers right to inspect test and where necessary reject the Materials after the
Materials arrival at site and shall in no way be limited or waived by reason of the
Materials having previously been inspected, tested and passed by the purchaser or its
representative prior to the Materials shipment from the country of origin.
8.5. Nothing in clause 8 shall in any way release the supplier from any warranty or other
obligations under this contract.
9 Packing
9.1. The supplier shall provide such packing of the Materials as is required to prevent their
damage or deterioration during transit to their final destination as indicated in the
contract. The packing shall be sufficient to withstand, without limitation, rough
handling during transit and exposure to extreme temperatures, salt and precipitation
during transit and open storage. Packing case size and weights shall take into
consideration where appropriated the remoteness of the material final destination and
the absence of heavy handling facilities at all points in transit.
9.2. The packing, marking and documentation within and outside the packages shall comply
strictly with such special requirements, as shall be provided for in the contract and
subject to clause 15 and any subsequent instructions ordered by the purchaser.
9.3. The supplier shall supply Steel/Material in size wise bundles of 8mm, 10mm & 12mm
standard lengths of 12 meters required for each house as per the purchase orders placed
against the supplier for the quantity required as shown in Section V(A). The purchaser
will give 485.10 Kgs of steel required for each House to the beneficiary in (2) stages.
The 1st stage is for Foundation and the 2nd stage is for Roofing. The Quantity required
for each House in (2) stages are as follows .
28
10 Delivery and Documents
10.1. Delivery of the Materials shall be made by the supplier in accordance with the terms
specified by the purchaser in the Notification of Award.
11 Insurance
11.1. The Materials supplied under the contract shall be fully insured in Indian Rupees
against the loss or damage incidental to manufacture or acquisition, transportation,
storage and delivery in the manner specified in the special conditions of contract.
12 Transportation
12.1. The supplier is required to deliver the Materials to the destinations specified in the
contract and the cost thereof shall be included in the contract price.
12.2. The transportation of the Materials after the delivery at the final destination shall be the
responsibility of the Purchaser.
13 Incidental services.
13.1. The supplier is required to provide the following services, including additional
services, if any, specified in SCC:
13.2. Prices charged by the Supplier for incidental services, if not included in the contract
price of the material, shall be agreed upon in advance by the parties and shall not
exceed the prevailing rates charged to other parties by the Supplier for similar services.
14 Payment
14.1. The method and conditions of payment to be made to supplier under the contract shall
be specified in the special conditions.
14.2. The Suppliers request (s) for payment shall be made to the purchaser in writing
accompanied by an invoice describing as appropriate the Materials delivered and the
services performed and by shipping document, submitted pursuant to clause 10, and
upon fulfillment of other obligations stipulated in the contract.
29
14.3. Payments shall be made by the purchaser through APCFMS based on the submission
of the invoices / claims by the supplier duly furnishing the certificate specified in the
bid document from the competent authority.
14.4. Payment shall be made in Indian Rupees.
15 Change Orders
15.1. The Purchaser may at any time by written orders given to the supplier pursuant to
clause 28 , make changes within the general scope of the contract in any one or more of
the following;
16 Contract Amendments
16.1. Subject to clause 15, no variation in a modification of the terms of the contract shall be
made except by written amendment signed by the parties.
17 Assignment
17.1. The supplier shall not assign in whole or in part, its obligations to perform under the
contract, except with the purchasers prior written consent.
18 Sub-contracts
18.1. No sub-contracting is allowed.
19 Delays in the suppliers performance
19.1. Delivery of the Materials and performance of the services shall be made by the
supplier in accordance with the time schedule specified by the purchaser in its
schedule of requirements.
19.2. Any delay by the supplier in the performance of its delivery obligations shall render
the supplier liable for any or all of the following i.e. forfeiture of its performance
security, imposition of liquidation damages and or termination of the contract for
default.
19.3. If at any time during the performance of the contract, the supplier should encounter
performance of the services the supplier shall promptly notify the purchaser in
writing of the fact of the delay its likely duration and its causes. As soon as
practicable after receipt of the suppliers notice, the purchaser shall evaluate the
30
situation and may at its discretion extend the suppliers time for performance, in
which case the extension shall be ratified by the parties by amendment of the
contract.
20 Liquidated Damages
20.1. Subject to clause 22, if the supplier fails to deliver any or all of the Material
material within the time period specified in the contract, the purchaser shall,
without prejudice to its other remedies under the contract, deduct from the contract
price as liquidated damages, an amount as specified in the SCC for the period of
delay, until actual delivery or performance, up to a maximum deduction of 10
percent of the total contract value. Once the maximum is reached, the purchaser
may consider termination of the contract.
21 Termination for Default
21.1. The purchaser may, without prejudice to any other remedy for breach of contract by
written notice of default sent to the supplier, terminate the contract in whole or part:
a. if the supplier fails to deliver any or all of the material within the time periods
specified in the contract or any extension thereof granted by the purchaser pursuant
to clause 19;or
b. if the supplier fails to perform any other obligations under the contract.
21.2. In the event the purchaser terminates the contract in whole or in part, 21.1 the
purchaser may procure, upon such terms and in such manner as it deems
appropriate, material similar to those undelivered, and the supplier shall be liable to
the purchaser for any excess costs for such similar material. However, the supplier
shall continue the performance of the contract to the extent not terminated.
22 Force Majeure
22.1 Not with standing the provisions of clauses 19,20,21 the supplier shall not be liable for
forfeiture of its performance security liquidated damages or termination or default, if
and to the extent that, its delay in performance or other failure to perform its
obligations under the contract is the result of an event of Force Majeure.
22.2 If at times during the continuance of the agreement / contract, it becomes impossible
by reason of war or war-like operations, epidemical sickness, pestilence, earthquake,
fire, storm or floods, the supplier shall during the continuance of such contingencies
not be bound to execute the contract as per the agreement / contract. The work/ supply
shall be resumed immediately after the contingency/cies has /have ceased or otherwise
determined and successful bidders obligations shall continue to be in force for
correspondingly extended period after the resumption of execution. The successful
Bidder shall however inform the corporation by registered post about such act duly
31
certified by the Local chamber of Commerce at the beginning and end of the causes of
delay within 10(ten) days of occurrence and cessation of such Force Majeure
conditions.
22.3 In the event of delay lasting over one month, if arising out of cause of Force Majeure,
the APSHCL reserves the right to cancel the contract without any compensation.
22.4 Only events of Force Majeure which effects the order progressing at the time of its
occurrence shall be taken into cognizance. The APSHCL shall not be liable to pay
extra costs due to delayed supplies made under Force Majeure.
24.2 The Material that are complete and ready for shipment within 30 days after the
suppliers receipt for notice of termination, shall be purchased by the purchaser and the
contract terms and prices. For the remaining material the purchaser may elect.
a. to have completed and delivered at the contract terms and prices; and /or
b. to cancel the remainder and pay to the supplier and agreed amount for partially
completed material and for materials and parts previously procured by the supplier.
25 Resolution of Disputes
25.1 If any dispute of difference of any kind whatsoever arises between the purchaser and
the supplier in connection with, or arising out of the Contract, whether during the
supply of Material or after 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 purchaser / purchaser’s representative who shall, within a
32
period of thirty days after being requested by the supplier to do so, give written notice
of his decision to the supplier. Upon receipt of the written notice of the decision of the
purchaser / purchaser’s representative the Supplier shall promptly proceed without
delay to comply with such notice of decision.
25.2 If the Purchaser / Purchaser’s representative fails to give notice of his decision in
writing within a period of thirty days after being requested or if the supplier is
dissatisfied with the notice of the decision of the Purchaser / Purchaser’s
representative, the supplier may within thirty days after receiving the notice of
decision appeal to the Department who shall offer an opportunity to the supplier to be
heard and to offer evidence in support of his appeal, the Department shall give notice
of his decision within a period of thirty days after the supplier has given the said
evidence in support of his appeal, subject to arbitration, as hereinafter provided. Such
decision of the Department in respect of every matter so referred shall be final and
binding upon the supplier and shall forthwith be given effect to by the supplier, who
shall proceed with the supply of Material with all due diligence whether he requires
arbitration as hereinafter provided, or not. If the Department has given written notice
of his decision to the supplier and no claim to arbitration, has been communicated to
him by the supplier within a period of thirty days from receipt of such notice the said
decision shall remain final and binding upon the supplier. If the Department fail to
give notice of his decision, as aforesaid within a period of thirty days after being
requested as aforesaid, or if the supplier be dissatisfied with any such decision, then
and in any such case the supplier within thirty days after the expiration of the first
named period of thirty days as the case may be, require that the matter or matters in
dispute be referred to arbitration as detailed below:
SETTLEMENT OF CLAIMS:
Settlement of claims for Rs.50,000/- and below by Arbitration.
All disputes or difference arising of or relating to the Contract shall be referred to the
adjudication as follows:
a. Claims up to a value of Rupees Competent authority appointed by
10,000/- the Managing Director
b. Claims above Rs.10, 000/- and up to Managing Director, APSHCL.
Rupees 50,000/-.
33
The arbitration shall be conducted in accordance with the provisions of Indian Arbitration
and Conciliation Act 1996 or any statutory modification thereof.
The arbitrator shall state his reasons in passing the award.
Claims above Rs.50,000/-.
All claims of above Rs.50,000/- are to be settled by a Civil Court of competent jurisdiction
by way of Civil suit and not by arbitration.
The supplier shall make a reference for adjudication under these clauses within six months
from the date of intimating the supplier of the preparation of final bill or his having
accepted payment whichever is earlier.
26 Governing Language
26.1 The contract shall be written in English language, as specified by the purchaser in the
instructions to bidders. Subject to clause 27, English language version of the contract
shall govern.
27 Applicable law
27.1 The contract shall be interpreted in accordance with the laws of the union of India and
the legal jurisdiction is Mangalagiri, Guntur
28 Notices
28.1 Any notices given by one party to the other pursuant to the contract shall be sent in
writing and confirmed in writing to the address specified for that purpose in the
special conditions of the contract. A notice shall be effective when delivered or on the
notices effective date, whichever is later.
29.1 The amount quoted by the bidder shall be deemed to be inclusive of the sales and other
taxes that the bidder will have to pay for the performance of this contract, at the
prevailing rates notified by the Government. The purchaser will perform such duties in
regard to the deduction of such taxes at source as per applicable law.
34
Section – IV – Special conditions of contract
1. Introduction–
The following special conditions of contract shall supplement the general Conditions of
contract. Whenever there is conflict, the provisions herein shall prevail over those of the
general conditions of contract the corresponding clause number of the general conditions in
parentheses.
2. Definitions (Clause I of GCC)
The Purchaser is: The Managing Director, APSHCL, S.P’S RIVER VIEW
APARTMENTS, TADEPALLI, AMARAVATHI-522501
b) The Supplier is : ------------------------
All Materials and related services to be supplied under the contract / agreement shall have their
origin in India.
4. Inspection and Tests (clause 8 of GCC)
The following inspection procedures and tests are required by the Purchaser:
4.1 The Supplier shall necessarily submit the Test Certificates to the Purchaser/ authorized
representative of the Purchaser, at the time of unloading the Material at destination point
for that particular consignment checked at factory level.
4.2 The Purchaser or its representatives may inspect and/or test any or all the materials if
necessary as per the directions of the competent authority to confirm their conformity to
the Contract specifications (as specified in Section-V.B), prior to dispatch from the
manufacturer’s premises. Such inspection and clearance will not prejudice the right of the
consignee to inspect and test the materials on receipt at destination.
4.3 However, on arrival of the material at destinations, the purchaser or its representative shall
have the right to inspect and/or test any or all the materials to confirm their conformity to
the contract.
4.4 If the material is not supplied as per specified conditions, to the satisfaction of the
Purchaser/ Purchasers representative, the purchaser has right to reject the material and the
cost of such rejection if any shall be born by the supplier only.
35
5. Packing (Clause 9 of GCC)
The Supplier will be required to mark separate packages for each consignee with proper
paint/indelible ink.
6. Delivery and Documents (Clause 10 of GCC)
i. Three copies of the Supplier invoice showing Materials description, quantity, unit price,
total amount;
ii. Railway receipt/Lorry receipt acknowledgement of receipt of Materials from the Consignee
iii. Manufacture's/Supplier's Factory Test certificate;
a. All payments will be made through APCFMS only. The account details of the
Supplier will be registered in APCFMS website by APSHCL for release of Payments
directly in to the account of Company concerned.
b. 98% of the cost of supply of each consignment will be processed for payment to the
supplier through APCFMS on submission of copy of invoice with original Delivery
Challan as proof of supply to destinations duly certified by the representative of the
purchaser.
c. Retained 2% of the cost of supply of each consignment will be processed for
payment to the supplier through APCFMS after receipt of test reports of collected
samples duly confirming the conformity of specifications as Specified in Technical
specifications of the material.
d. If the samples fails to confirm the conformity of specifications as Specified in
Technical specifications of the material, the entire payment made for the material
supplied during the said Consignment to APSHCL by the supplier shall be recovered
by the APSHCL from out of the pending and ensuing payments to the supplier or
EMD/Performance guarantee.
10.1. The dispute resolution mechanism to be applied pursuant to clause 25 of the General
Conditions shall be as follows:
a. In the case of dispute or difference arising between the Purchaser and a Supplier
relating to any matter arising out of or connected with this agreement, such dispute or
difference shall be referred to the award of two Arbitrators, one Arbitrator to be
nominated by the Purchaser and the other to be nominated by the Supplier or in the
case of the said Arbitrators not agreeing, then at the award of an Umpire to be
appointed by the Arbitrators in writing before proceeding with the reference, and in
case the Arbitrators cannot agree to the Umpire, he may be nominated by the
Arbitration committee of the Indian Council of Arbitration, India. The award of the
Arbitrators, and in the event of their not agreeing, of the Umpire appointed by them or
by the Arbitration Council of India, India, shall be final and binding on the parties.
b. The Indian Arbitration Act 1996, the rules there under and any statutory modification
or re-enactments thereof, shall apply to the arbitration proceedings.
10.2. The venue of arbitration shall be the place from where the Contract is issued.
11. Notices (Clause 28 of GCC)
For the purpose of all notices, the following shall be the address of the purchaser and supplier.
Purchaser:. A.P. State Housing Corporation, S.P’S RIVER VIEW APPARTMENTS,
TADEPALLI, AMARAVATHI-522501.
Supplier: (To be filled in at the time of Contract Signature)
12. Actions Against the Misconduct of the Supplier
a. If the Supplier found being supplied similar items with similar tender conditions to any
other agency in the defined area during the validity of the contract with the APSHCL at a
rate lower than the rate at which they supplied under this tender, the difference amount is
37
liable to be recovered apart from blacklisting the firm for a minimum period of 3 years. The
Supplier should furnish undertaking (Section-X) that they will remit the differential cost, if
they quote lower rate than the rate quoted to the APSHCL to any other agency or
department or state, during the period of contract
b. Any substandard supplies without meeting the quality specifications made under the
contract shall also entail blacklisting of the firm for a minimum period of three years for
that particular material.
c. If the bidder fails to demonstrate on asked to do so, of the material quoted with their bid,
without any valid or convincing reason to the satisfaction of the Purchaser, the bids for
other items offered against the bid notice will not be considered and he will be debarred for
a certain period as decided by the Purchaser.
13. Progress of Supply
Qty. where incidental services have been satisfactorily completed with date;
38
13.2. Quality Management Plan:-
a. The Test Certificates of the supplier at the time of unloading the Material at
destination point for each consignment checked at factory level.
b. Third party Testing reports at any NABL accredited laboratories or any other
reputed organizations as specified by the Purchaser / Purchaser representative.
39
Section– V – Schedule of requirements and Technical specifications:
Qty of
Total EMD
Sl. Name of the Total Steel Per Total Quantity ( Dia Wise in MTs) Quantity amount in
No. District Houses House in
( MTs) RS.
MTs
40
B. Technical Specifications
i. The quality of Steel supplied by the supplier (Successful bidder) shall conform to IS
1786 – 2008 standards of specifications and its amendments.
i. The bidder shall quote the bids for one District or multiple Districts or all
districts as per their eligibility. The bidder shall pay the EMD for the Districts he
quoted the bids for the amounts as shown in Section – V.
ii. If the bidder pays the EMD through Bank Guarantee, the bidder shall furnish
Bank Guarantee separately for each District , he intends to quote for the
amounts as shown in Section – V.A.
iii. The bidder shall quote the rates inclusive of cost of Steel, statutory levies, Taxes,
Packing, Transportation, Loading, unloading and stacking charges at the
destination point as specified by the purchaser including GST.
c. Supply of Steel:
i. The supplier (Successful Bidder) shall supply steel based on the purchase order given
by the Purchaser or Purchaser’s representative.
ii. The Purchasers or Purchaser’s representative shall place the purchase order duly
mentioning the description of material ,Quantity and destination point.
iii. The supplier (Successful Bidder) shall supply quantity of steel to the specified
destination point as mentioned in the purchase order given by the Purchaser or
Purchaser’s representative.
iv. The Purchaser or Purchaser’s representative shall not be responsible for the material
delivered to the other than the destination point specified in the purchase order .
d. If the material is not supplied as per the specified conditions, to the satisfaction of the
purchaser/Purchaser’s representative, the purchaser has right to reject the material and the
cost of such rejection if any shall be born by the supplier only.
41
e. Payment procedure
i. All payments will be made through APCFMS. The account details of the Supplier will
be registered in APCFMS website by APSHCL for release of Payments directly in to
the account of Supplier concerned.
ii. 98% of the cost of supply of each consignment will be processed for payment to the
supplier through APCFMS on submission of copy of invoice with original Delivery
Challan as proof of supply to destinations duly certified by the representative of the
purchaser.
iii. Retained 2% of the cost of supply of each consignment will be processed for payment
to the supplier through APCFMS after receipt of test reports of collected samples duly
confirming the conformity of specifications as Specified in Technical specifications of
the material.
f. The Bidder shall submit declaration ( in the form of Affidavit) that the Bidder is not
Blacklisted and not declared NPA as per Annexure – IV.
g. The Bidder shall furnish history of Litigation or Arbitration resulting from contracts in last
(5) years (2016-17 to 2020-21) and currently under execution in Annexure - V
42
Section – VI Qualification Criteria:
(Referred to in clause 13.3 of ITB)
The bidder shall be a Company registered under Companies Act 2013. The bidder can
participate as Consortium with maximum of 3 members. In case of consortium,
● Consortium Members shall enter into Registered Agreement for Joint bidding ( Annexure –
II)
1. The Bidder or the Manufacturer should have supplied and completed materials of similar
equivalent to not less than 30% of Quantity mentioned in section-V.A in any year during the
last five years in India.
The bidder should furnish a certificate on past supplies and satisfactory performance from
practicing Chartered Accountant entity Registered with ICAI in the proforma given under
Section VIII- Format B1.
2. The Bidder shall have annual turnover in any of the last five financial years not less than the
amount specified against total value of material quoted ( for all the districts quoted) by the
bidder.
3. The bidder shall have positive Net worth of not less than 1/4 th of total value of material quoted
(for all Districts quoted) by the bidder for the Financial year ending with 31.03.2020.
4. The bidder should furnish data as per the Format (B2) given in Section- VIII, to support that he
has the financial capacity to perform the contract. Further, the bidder has to submit the
corresponding Balance Sheets and Profit and Loss Accounts for verification.
5. The Bidder should submit copy of certificate issued to him by BIS for manufacturing Fe 500 / Fe
500D grade HYSD Steel Bars of 8mm, 10mm and 12mm.
43
6. The Bidder should have valid BIS certificate for manufacturing of HYSD Steel Bars. The
Bidder should furnish the copy of BIS certificate showing the validity of BIS certificate.
7. The Bidder should submit the details of Corporate Identity Number issued by Registrar of
Companies (Enclose the copy of the letter issued by Registrar of Companies).
8. The Bidder should submit the details of GST registration, PAN details for the manufacturing
company.
1. A bidder who is placed on the blacklist by either APSHCL or by any other State /Central
government's department or organization for the material offered with his bid in the last 3
years
Note: In all the above cases, the disqualification cut-off date will be till the contract is signed
III. Others
Not withstanding anything stated above, the purchaser reserves the right to assess the Bidders
capabilities and capacity to perform the contract should circumstances warrant such an
assessment in the overall interest of the purchaser deciding on award.
44
Section – VII (A) – Bid form
To Contract No.
The Managing Director, APSHCL,
Tadepalli, Amaravathi.
Gentlemen:
Having examined the Bidding Documents including Addenda No. the receipt of which is here by
duly acknowledged, we, the under-signed, offer to supply and deliver
(Description of Material and Services) in
conformity with the said Bidding Documents for the sum as given in the Price Bid (electronically) or such
other sums as may be ascertained in accordance with the schedule of prices furnished and made part of
this bid.
We undertake, if our bid is accepted, to commence and complete the delivery of material with in the
agreement period and perform incidental services as specified in the contract.
If our bid is accepted, we will obtain the guarantee of a bank in a sum not exceeding 5% of the Contract
price for the due performance of the Contract
We agree to abide by this bid for a period of 90 (Number) days from the date fixed for bid opening under
Clause 16 of the Instruction to Bidders and shall remain binding upon us and may be accepted at any time
before the expiration of that period.
We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we
will strictly observe the laws against fraud and corruption in India like “The Prevention of Corruption Act
1988”
Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof
and your notification of award shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest or any bid you will receive.
45
Section VII (B)
BILL OF QUANTITIES
[Part-I]
Name of Work: Supply of Fe500/ Fe 500D grade of HYSD steel bars to any Mandal head
quarters/Godown points/ Project Site of APSHCL in the Districts of
A.P.
Schedule-A at section-V.(A.)
PRICE BID
[Part-II]
Name of work: :Supply of Fe500/ Fe 500 D grade of HYSD steel bars to any Mandal head
quarters/Godown points/ Project Site of APSHCL in the Districts of A.P.
Further it is certified that the previously supplied materials are reported without any adverse
remarks from the respective purchasers.
Membership No:
UDI No:
Date:
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SECTION – VIII - FORMAT B2- FINANCIAL CAPACITY OF THE MANUFACTURER
A. Details of Annual Turnover for Preceding 5 Years.
Turn Over
(In Rs.
Crores)
This is to certify that.................... (name of the Bidder) has turnover in the last
Five financial years and Net Worth in the last financial year as shown above
We, M/s. ______________ , having our registered office at __________ , and M/s.
__________ , having our registered office at ____________ ,{insert the respective names and
addresses of the registered office} (hereinafter collectively referred to as the “Principals”) do
hereby irrevocably designate, nominate, constitute, appoint and authorize M/s , having its
registered office at ____________, being one of the Members of the Consortium, as the Lead
Member and true and lawful attorney of the Consortium (hereinafter referred to as the
“Attorney”)and here by irrevocably authorize the Attorney (with power to sub- delegate)to conduct
all business for and on behalf of the Consortium and any one of us during the bidding process
and, in the event the Consortium is awarded the Project, during the execution of the Project, and
in this regard, to do on our behalf and on behalf of the Consortium, all or any of such acts ,deeds
or things as are necessary or required or incidental to the submission of its bid for the Project,
including but not limited to signing and submission of all applications, bids and other documents
and writings, participate in bidders’ meetings and other conferences, respond to queries, submit
information/documents, sign and execute contracts and undertakings consequent to acceptance of
the bid of the Consortium and generally to represent the Consortium in all its dealings
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With the Client, and/ or any other authorized representative of the Client or any person, in all
matters in connection with or relating to or arising out of the Consortium’s bid for the Project
and/ or upon award thereof till the Contract Agreement is entered into with the Client. AND
hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us/Consortium.
_________________________________________ ( Signature)
_________________________________________ ( Signature)
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SECTION – X
Declaration Form
We will not quote or supply the Material similar to the ones offered under this bid
notification to any agency or organization in the defined area at the rate lower than the rate
quoted in this present tender.
If we are found quoting lower rate than the rate quoted to the APSHCL, to any other
agency in the defined area during the validity of the present contract, we will remit the
differential cost to the APSHCL, unconditionally.
Signature :
Date:
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Section XI
Check List of Documents to be Uploaded as part of the Bid and Notes to Bidders
I. Documents with the Technical Bid
16 Power of Attorney to sign the Bids ( Annexure – III)( on Rs.100/- Non Judicial Online
Stamp Paper)
17 Declaration that, bidder is not blacklisted and not declared NPA in Annexure - IV Online
WHEREAS the Purchaser is desirous that certain Material and ancillary services should be
provided by the supplier, viz, (Brief description of Material
and Services) and has accepted a bid by the supply of Material and services in the sum of
(Contract amount in Words and
Figures) (here in after "the Contract Amount").
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the conditions of Contract referred to;
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz.:
a. The Technical and Price bid of the Supplier
3. In consideration of the payments to be made by the purchaser to the Supplier as herein after
mentioned, the Supplier hereby covenants with the Purchaser to provide the Material and
Services and to remedy defects therein in conformity in all respects with the provision of the
Contract.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the
Material and Services and the remedying of defects therein, the Contract amount or such other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
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5. Brief particulars of material and services which shall be supplied/provided by the
Supplier areas under.
BRIEF DELIVERY
QUANTITY TO Amount
SL NO. DESCRIPTION OF TERMS
BE in Rs.
MATERIAL SUPPLIED in
MTs
Steel Fe 500 / Fe500D
1 grade of 8mm dia ,10mm
dia & 12mm dia
2
3
4
TOTAL VALUE:
IN WITNESS whereof the parties here to have caused this Agreement to be executed
in accordance with their respective laws the day and year first above written.
in the presence of
Signed, sealed and Delivered by the
In the presence of
54
FORMATS OF SECURITIES
55
Covering letter from the concerned Bank for Bank Guarantee towards
EMD at the time of Bidding
To,
In view of the above, we have issued Bank Guarantee bearing no.____________ dt:__________
for an amount of Rs.____________ (Rupees___________________________) for (Name of the
Bidder)___________________________________________________________
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PROFORMA
BANK GUARANTTEE FOR EMD AT THE TIME OF BIDDING
To,
The Managing Director,
APSHCL, Tadepalli.
WHEREAS ……………………………………………………….. (Name of the Firm) (Here in after
called “the Bidder”) has submitted his bid response to NIT No………………………. dated… for the
work “………………………………………………………………………………………………..”
(Name of work) (Here in after called “the bid”).
This Guarantee will remain in force up to and including the date** …………………… after the dead
line for submission of Bids as such deadline is stated in the Instructions to Bids 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.
DATE………………. SIGNATURE OF THE BANK ……………………..
WITNESS……………….. SEAL………………………………………………..
(Signature, Name and Address)
* The Bidder should insert the amount of the EMD in words and figures denominated in Indian
Rupee. This figure should be the same as shown in the NIT.
** 180 days from the deadline date for submission of Bid.
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PROFORMA
To,
The Managing Director,
APSHCL, Tadepalli.
WHEREAS__________________________________________________________________________
______ _________________________________________________________(name and address of
Contractor)(hereinaftercalled“theContractor”)hasundertaken,inpursuanceofContract No._____________
dated _______________ to execute the work of _____________________________
(name of work).
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you
with a Bank Guarantee by a Schedule bank for the sum specified therein as “PERFORMANCE
SECURITY(E.M.D.)” for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the Contractor, up to a total of ______________________ (amount of guarantee)
____________________________________(in words), such sum being payable and we undertake to
pay you. Upon your first written demand and without cavilor argument, any sum or sums with in the
limits of ______________________________(amount of guarantee) as aforesaid without your needing
to prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before presenting
us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract or of
the works to be performed there under or of any of the contract documents which may be made between
you and the Contractor shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.
This guarantee shall be valid up to…….. … i.e., until After 90 days from the date of completion of
agreement period or extended agreement period whichever is later.
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Notes to Bidders
1. Upload the documents in ZIP format with suitable description .
2. The scanned documents shall be legible failing which they will not be considered.
3. Sign on all statements, documents, certificates uploaded owning responsibility for their
correctness /authenticity.
4. All the statements copies of the certificates, documents etc., enclosed to the Technical bid
shall be given page numbers on the right corner of each certificate
5. The tenderer is subjected to be blacklisted and the EMD forfeited if he is found to have
mislead or furnished false information in the forms / statements / certificates submitted in
proof of qualification requirements or record of performance (Please see Corrupt and
Fraudulent Practices Clause).
6. All the Bidders are requested to quote with single option only and please note that bids with
multiple options, will be rejected by the purchaser as Non-responsive.
7. The Bidders should sign and affix seal of the entity in each page of this Bid Document and
upload the same in e - Procurement Platform along with certificates, Technical bid, Price
bid and other Documents.
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Annexures
60
Annexure-I
Registered address
of the firm
State: District
3 Address
State District
Telephone No. Fax
Email Website
Type of Firm
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Annexure II
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of 20…
AMONGST
1. {…………, Company registered under the Indian Company Act, 2013 } and having its
(hereinafter referred to as the “First Part” which expression shall, unless repugnant to the
AND
2. {…………, Company registered under the Indian Company Act, 2013} and having its
after referred to as the “Second Part” which expression shall, unless repugnant to the context
3. The above-mentioned parties of the FIRST, SECOND PART are collectively referred to
as the “Parties” and each is individually referred to as a “Party”.
WHEREAS,
A. Andhra Pradesh State Housing Corporation Limited (APSHCL) (here in after referred to as the
“Authority”), on behalf of the Managing Director of APSHCL (here in after referred to as the
“Client”), which expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns) has invited bids (the “Bids”) by its NIT No. xxxx dated
xxx (the “Tender”) for selection of bidder for “ ” (the “Project”).
B. The Parties are interested in jointly bidding for the Project as members of a Consortium and in
accordance with the terms and conditions of the Tender and other Bidding Documents in respect
of the Project, and
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C. It is a necessary condition under the Tender that the members of the Consortium shall enter
into a Joint Bidding Agreement and furnish a copy thereof with the Bid. Now it is hereby agreed
as follows:
In this Agreement, the capitalized terms shall, unless the context otherwise requires, have the
meaning ascribed thereto under the Tender.
2. Consortium
The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the purposes of
jointly participating in the Bidding Process for the Project.
3. Covenants
The Parties hereby undertake that in the event the Consortium is declared the Selected Bidder
and awarded the Project, it shall enter into an Agreement with the Client and for performing all
its obligations as mentioned in the Tender.
The Parties hereby undertakes that Party of the First Part shall be the Lead Member of the
Consortium and shall have the power of attorney from all Parties for conducting all business for
and on behalf of the Consortium throughout the contract period.
The Parties do hereby undertake to be jointly and severally responsible for all obligations and
liabilities relating to the Project and in accordance with the terms of the Tender and the Contract
Agreement that will be signed with the Client upon selection for the Project.
Each Party represents to the other Parties as of the date of this Agreement that:
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A. Such Party is duly organized, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement;
B. The execution, delivery and performance by such Party of this Agreement has been
authorized by all necessary and appropriate corporate or Authority action and a copy of
the extract of the charter documents and board resolution/ power of attorney in favour of
the person executing this Agreement for the delegation of power and authority to execute
this Agreement on behalf of the Consortium Member is annexed to this Agreement, and
will not, to the best of its knowledge:
ii. violate any Applicable Law presently in effect and having applicability to it;
iii. violate the memorandum and articles of association, by-laws or other applicable
organizational documents there of;
iv. violate any clearance, permit, concession, grant, license or other Governmental
authorization, approval, judgment, order or decree or any mortgage agreement,
indenture or any other instrument to which such Party is a party or by which such Party
or any of its properties or assets are bound or that is otherwise applicable to such Party;
or
v. create or impose any liens, mortgages, pledges, claims, security interests, charges or
Encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such Party, except for encumbrances
that would not, individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or business of such Party so as to prevent such Party
from fulfilling its obligations under this Agreement;
C. This Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and
D. there is no litigation pending or, to the best of such Party’s knowledge, threatened to
which it or any of its Affiliates is a party that presently affects, or which would have a
material adverse effect on the financial condition or prospects or business of such Party in
the fulfillment of its obligations under this Agreement.
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7. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and
effect until the Termination of the Agreement with Client. However, in case the Consortium is
either not prequalified for the Project, or does not get selected for award of the Project, this
Agreement will stand terminated upon return of the EMD by the Client to the Lead Bidder
8. Miscellaneous
b) The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Client.
(Signature)
In presence of
1.
2.
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ANNEXURE III – FORMAT FOR POWER OF ATTORNEY TO SIGN THE BID
(On Rs.100/- Non Judicial Stamp paper)
For .
(Signature)
Accepted
(Signature)
Business Address:
66
ANNEXURE IV – DECLARATION THAT BIDDER IS NOT BLACKLISTED AND NOT
DECLARED NPA
(To be submitted in the form of an affidavit)
To
The Managing Director Place:
A.P. State Housing Corporation Limited, Date:
S.P.River view Apartments,
Tadepalli, Andhra Pradesh, 522501
Subject: Self Declaration of not been blacklisted in response to the NIT for supply of Fe500 / Fe
500D Grade HYSD Steel Bars to any Mandal Head Quarters/Godown Points/ Project Site
of APSHCL in the Districts of Andhra Pradesh.
Dear Sir,
We confirm that our company is not declared as a Non-Performing Asset (NPA) or insolvent by any
bank / financial institution in India.
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ANNEXURE V – HISTORY OF LITIGATION
The bidder should provide information on any history of litigation or arbitration resulting from
contracts in last five years and currently under execution.
Note: If the information to be furnished in this schedule will not be given and came to know
subsequently, it will result in disqualification of the bidder.
Date:
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