559 waterproofing type-c

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TENDER NO. : TMS / CTC / CIVIL-GS/ 2011 / 559. Page 1 of 191

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TENDER NO. : TMS / CTC / CIVIL-GS / 2011 / 559

>> NAME OF WORK

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TENDER NO. : TMS / CTC / CIVIL-GS/ 2011 / 559. Page 2 of 191

SECTION - I

NOTICE INVITING TENDER

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TENDER NO. : TMS / CTC / CIVIL-GS / 2011 / 559. Page 3 of 191

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(Web site: www.npcil.nic.in)

NOTICE INVITING TENDER

TENDER NO. : TMS / CTC / CIVIL-GS / 2011 / 559.

1. Sealed single part item rate tenders are invited on behalf of the Nuclear Power Corporation of India Ltd., Tarapur Maharashtra Site by Station Director, Tarapur Atomic Power Station 3&4, .from Contractors, who are eligible as per the minimum requirements defined in clause 1 of the pre-qualification criteria (Annexure-1) and who are on approved list of the appropriate class of contractors in PSUs or Government department or having experience in executing similar works with large industrial houses (Work executed for private body will be considered only if contractor / firm produces tax deduction at source certificate) for Repairs of Water proofing works for residential buildings Type-C (1-26) and other buildings in Anuvikas Township at TMS. The work is estimated to cost of ```` 67,50,487/-. This estimate however, is given merely as a rough guide.

2. Completion time: Eight Months (including monsoon period).

3. The bid shall be submitted in the original bid document (as issued by the corporation / downloaded from the internet (Site address www.npcil.nic.in), where in the purchase price of the documents shall be submitted along with the bid in the form of pay order / demand draft in line with clause-18), super scribing the name of work in accordance with clause 19 of Notice inviting tender (NIT).

3.1 The bidders who are found to be indulging in changing / deleting contents of the tender document will be liable to face necessary action as per extent instruction which would be removal from approved list, banning / suspension of business dealing etc. The document uploaded on the NPCIL website will be final and binding.

4. Station Director, Tarapur Atomic Power Station 3&4 of the Nuclear Power Corporation of India Ltd. shall be the Accepting Authority hereinafter referred to as such for the purpose of this Contract.

5. Application along with filled up format at sr. no. 6 of section - VIII for issue of tender documents (non-transferable) shall be submitted to Shri U.D. Sharma, Engineer SO/E, at Central Tendering Cell, TAPS-3&4, plant site from 01.12.2011 to 12.12.2011 between 09.00 hrs. to 16.00 hrs. along with relevant documents for assessing qualification criteria, VAT & PF registration, PAN no. etc. as per tender conditions. Tender document shall be issued after scrutiny & approval of the competent authority. The tender documents shall be issued after deposition of non-refundable fee of ` 1,050/- (which includes 4% VAT) in the form of pay order or Demand Draft on any Scheduled Commercial bank payable at Boisar in favour of Manager (F&A), TAPS-1 to 4. The tender cost can also be submitted through credit vouchers at State Bank of India, NPCIL, TMS, Tarapur Branch.

`

It may be noted that mere issue of tender document does not imply that your offer shall be considered. The tenders are considered only after, NPCIL themselves satisfies with the documents submitted along with the bid meets the pre qualification criteria as per annexure I, during bid evaluation. The decision of NPCIL in this regard shall be final and binding on you.

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The bidders desirous to enter the TAPS-3&4, Plant site premises shall contact Shri U.D. Sharma, Engineer SO/E, Ph. No.- 02525 283250, Fax no. 02525 - 244071 (during office hours)on working days for issue of entry permit well in advance.

6. Bids must be accompanied by bid-security amount specified for the work in clause 18 of NIT, payable at Boisar and drawn in favour of Manager (F&A), TAPS-1 to 4. Bid Security will have to be in any one of the forms as specified in the bidding documents and shall have to be valid for 30 days beyond the validity of the bid i.e. 150 days from date of submission.

7. Bids shall be dropped in tender box earmarked for the work kept at CISF Gate No.1, TAPS3&4 Plant Site during office hours from 01.12.2011 to 26.12.2011, up to 14.00 hrs on 27.12.2011. Tenders dropped in wrong tender box which is not earmarked for the work shall be summarily rejected. The bid will be opened on 27.12.2011 at 14.30 Hrs in the Centralized Tendering Cell TAPS-3&4-plant site in the presence of the bidders who wish to attend. If the office happens to be closed on the date of receipt of the bids as specified, the bids will be received and opened on the next working day at the same time and venue. The bidder are requested to visit the website for viewing corrigendum, minutes of pre-bid meeting, amendments, revisions, extension of bid submission date etc., informing any other changes before submitting the tender. This information shall be uploaded only on web site and not through press advertisements and individual information.

8. Pre-bid meeting.

Pre-bid meeting is not envisaged.

9. Scope of Bid

9.1 The Nuclear Power Corporation of India Limited (referred to as Corporation or NPCIL in these documents) invites bids for the work (as referred above). The successful Bidder should complete the works on or before the scheduled period of completion as specified in the NIT.

10. Eligible Bidders

10.1 Bidding is open to all eligible Bidders meeting the eligibility criteria as defined in prequalification criteria. Bidders are advised to note the Pre-qualification criteria specified in Annexure I of the Notice Inviting Tender.

10.2 Bidders not meeting the minimum qualification criteria shall be summarily rejected.

11. One Bid per Bidder

11.1 Each Bidder shall submit only one bid for one package. A Bidder who submits or participates in more than one Bid will cause the Bidders participation to be disqualified for all the proposals.

12. Cost of Bidding

12.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the Corporation will in no case be responsible and liable for these costs.

13. Site visit

13.1 The Bidder and any of his authorized personnel or agents will be granted permission by the Corporation to enter upon its premises and lands for the purpose of site visit. However the bidder shall express condition that he, his personnel, and agents will be responsible against all liability in respect thereof, including death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.

13.2 The Bidder should inform the Corporation at least 3 days in advance about the proposed site visit.

13.3 The Bidder, at his own responsibility and risk is encouraged to visit, inspect and survey the Site

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and its surroundings and satisfy himself before submitting his bid as to the form and nature of the Site, the means of access to the Site, the accommodation he may require, etc.

13.4 In general, Bidders shall themselves obtain all necessary information as to risks, contingencies and other circumstances, which may influence or affect their bid. A Bidder shall be deemed to have full knowledge of the Site, whether he inspects it or not and no extra claims due to any misunderstanding or otherwise shall be allowed.

13.5 The costs of visiting the Site shall be at the Bidders own expense. Any report shared at the site, by the Corporation is subject to verification by the contractor. Any deviations of information in the report and the actual site will not be the responsibility of the corporation.

13.6 The bidders are requested to bring photo identification like passport voters identity card, driving licence, PAN Card, identity card issued by employer etc. for security regulations. Any electronic devices like mobiles, radio, transistors camera etc. are not allowed inside Taprapur Maharashtra Site premises and the same shall be left at CISF post at main gate of TAPS main plant at the risk and cost of bidders.

14. Content of Bidding Documents

14.1 Submission of a bid by a Bidder implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be executed and of conditions and rates at which stores, tools and plant, etc, will be issued to him by the Corporation and local conditions and other factors having a bearing on the execution of the works.

14.2 The Bidder shall submit the Bid, which satisfies each and every condition laid down in the bid documents, failing which, the bid is liable to be rejected.

14.3 This Notice Inviting Tender shall form part of the Contract document.

14.4 The documents listed below comprises one set of bid document,

a) Notice Inviting Tender (Including Pre-qualification criteria)

b) Memorandum of Agreement.

c) Special Conditions of Contract

d) General Conditions of Contract

e) Technical Specifications / Datasheets

f) Drawings

g) Bill of Quantities / Financial Schedul

h) Format of various contractual documents as applicable viz: Bid Security, Security deposit , Lump sum Advance, Form of Hypothecation Deed Disputes Resolution Board Agreement.

14.5 Any clarifications related to tender documents pertaining to the work may be obtained at the office of Shri U.D. Sharma, Engineer SO/E, at TAPS-3&4 plant site during working hours between the dates mentioned in clause 5 above.

15. Pre-bid meeting (if applicable in clause- 8):

15.1 The Bidder or his officially authorized representative is invited to attend a pre-bid meeting, which will take place as referred in clause 8 of NIT.

15.2 The purpose of the meeting is to clarify issues and to answer questions on matters that may be raised at that stage.

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15.3 The Bidder is requested to submit their questions / queries / clarifications in writing or by email / fax to reach the Corporation not later than one week before the meeting.

15.4 Minutes of the meeting, including the text of the questions raised (without identifying the source of enquiry) and the responses given will be transmitted without delay to all purchasers of the bidding documents. Any modification of the bidding documents, which may become necessary as a result of the pre-bid meeting, shall be made by the corporation exclusively through the issue of an Addendum only and not through the minutes of the pre-bid meeting. The minutes of pre bid meeting shall be hoisted on NPCIL web site.

15.5 Attending the pre bid meetings is in the interest of bidders to understand the scope of work of the tender. It is insisted upon that bidders shall attend the pre bid meetings. However, incase the bidders do not attend the pre bid meetings; it would be presumed that they have understood the scope of work.

16. Amendment of Bid Documents

16.1 Before the deadline for submission of bids, the Corporation may modify the bidding documents by issuing addenda.

16.2 Any addendum so issued shall be part of the bid documents as well as Contract document and shall be communicated in writing or by email / fax to all the purchasers of the bidding documents. Prospective Bidders shall acknowledge receipt of each addendum by email / fax to the Corporation.

16.3 To give prospective Bidders reasonable time to take an addendum into account in preparing their bids, the Corporation may extend the date for submission of bids, if necessary.

17. Language of the Bid

17.1 All documents relating to the bid shall be in the English language, unless stated otherwise.

18 Bid Security

18.1 The bid shall be accompanied by bid security amount of ```` 1,35,010/-. The bid security amount may be paid in any one of the following forms:

a) Deposit at call receipt of a Scheduled Commercial Bank, duly pledged in favour of Manager (F&A) TAPS-1 to 4.

b) Demand draft of any Scheduled Commercial Bank drawn in favour of the Manager (F&A), TAPS-1 to 4 payable at State Bank of India, MIDC Boisar, Code No. 3918.

c) Bank Guarantee from a Scheduled Commercial Bank irrevocable and operative 30 days after the validity of the offer (as per standard proforma attached).

d) Fixed Deposit Receipt issued by Scheduled Commercial Bank endorsed in favour of Manager (F&A) TAPS-1 to 4.

18.2 Bid Security of successful Bidder will be returned after submission of the performance guarantee amount. Bid Security of unsuccessful Bidders will be returned to them within 30 days from the date of acceptance of bid of the successful Bidder.

18.3 The Bid Security may be forfeited, if

a) The Bidder withdraws / modify his Bid or any item thereof after opening of bid.

b) The successful Bidder fails within the specified time limit to commence the work.

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19. Submission of Bid Documents

19.1 The bid submitted by the Bidder shall comprise the following:

a) Documents in support of Minimum requirements as per Clause 1 of Pre-qualification criteria (Annexure 1) along with the purchase price of the bid documents in case it is downloaded from internet.

b) Bid Security

c) Priced Bill of Quantities

d) Pre Qualification Information in Formats, as specified along with the rest of the bid documents and any other information required to be completed and submitted by Bidders in accordance with these instructions.

For single part bid, the Bidder shall submit the

Envelope 1

* Documents in support of Minimum requirements as per clause 1 of Pre-qualification criteria (Annexure-1) along with the purchase price of the bid documents in case it is downloaded from internet.

Envelope 2

* Bid security

Envelope 3

* Pre Qualification Information in Formats, as specified along with the rest of the bid documents

* Priced Bill of Quantities

For two part bids, the Bidder shall submit the

A) Part I Technical bid

Envelope 1

* Documents in support of minimum requirements as per clause 1 of pre-qualification criteria (Annexure 1) along with the purchase price of the bid documents in case it is downloaded from internet,

* Pre qualification information along with the rest of the bid documents.

Envelope 2

* Bid security,

B) Part II Commercial Bid

Envelope 3

* Priced bill of quantities

All the envelopes should be sealed & super scribed with appropriate Envelope number and heading as defined above. The part II of tender shall be opened after evaluation of part I. The bidders meeting the prequalification criteria shall be informed of the date of opening of part II.

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20. Bid Prices, Rates & Taxes

20.1 The Bidder should quote his rates in figures as well as in words. The total amount shall be written both in figures and in words. The bid shall be liable for rejection if not quoted in words.

20.2 In the case of item rate tenders, only rates quoted shall be considered. In case of lump sum tender, only lump sum quoted amount shall be considered.

20.3 The bidder shall quote rate in BOQ only against each item. Rates quoted any where else or against a self created item shall not the considered. All duties, taxes (excluding service tax and cess on service tax) and other levies (excluding Employee Compensation Policy, CAR policy, Third Party Insurance) payable by the contractor under the contract or for any other cause, as applicable at the time of submission of the bid shall be included in the rates, prices and total Bid Price submitted by the Bidder. Service tax and cesson service tax shall be reimbursed as per prevailing rates notified by government from time to time, subject to producing proof of payment to the relevant authority in original. Employee Compensation Policy, CAR policy, Third Party Insurance premium shall be reimbursed separately on actual payment basis on submission of documentary evidence.

20.4 The rates and prices quoted by the Bidder are subject to adjustment during the execution of the Contract in accordance with the provisions of sub-clause 11.2 [Payment for Variations] of the General Conditions of Contract.

20.5 As per employee PF and miscellaneous act the contractor can voluntarily pay PF even if no. of employees deployed is less than 20. At TMS the contractor has to mandatorily register for PF and deposit the same irrespective of number of person deployed.

21. Currencies of Bid and Payment

21.1 The unit rates and the prices shall be quoted by the Bidder in Indian Rupees, unless otherwise specified in the Special Conditions of Contract.

22. Bid Validity

22.1 The bids submitted shall remain valid for acceptance for a period of 120 days from the date of opening of the bid. The Bidder shall not be entitled during the said period of validity, to revoke or cancel his bid or vary / modify the bid given or any item thereof. In case of Bidder revoking or canceling his bid, varying any terms in regard thereof, the full amount of bid security paid by the Bidder along with the bid shall be forfeited by NPCIL.

23 Alternative Proposals by Bidders

23.1 Bidders shall submit offers that comply with the requirements of the bidding documents, including the basic technical design as indicated in the drawing and specifications. Alternatives will not be considered.

24. Format and Signing of Bid

24.1 The Bidder shall prepare the documents comprising the bid as described in Clause 19 of NIT.

24.2 The Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder. No over writing is allowed in the bid documents.

24.3 The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Corporation, or as necessary to correct errors made by the Bidder in which case such corrections shall be initialed by the person or persons signing the bid.

25. Sealing and Marking of Bids

25.1 The bid shall be submitted in a sealed envelope containing bid documents as specified in clause 19 of NIT, and super scribed by the following:

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a) Be addressed to Corporation at the following address:

Station Director, Tarapur Atomic Power Station 3&4 ,

PO TAPP, Boisar, Tal. Palghar, Dist Thane, Maharashtra, PIN- 401 504.

b) Bear the following identification:

- Name of work: - Repairs of Water proofing works for residential buildings Type-C (1-26) and other buildings in Anuvikas Township at TMS

- Tender No. : TMS / CTC / CIVIL-GS / 2011 / 559

- DO NOT OPEN BEFORE 14.30 Hrs. ON 27.12.2011.

- Name and address of the Bidder. :-

M/s. ___________________________________________________________________ ________________________________________________________________________

25.2 If the envelopes are not sealed and marked appropriately, the Corporation will assume no responsibility for the misplacement or damage of the envelopes.

26. Deadline for Submission of the Bids

26.1 Bids will be received by the Corporation at the address and time specified in NIT (refer clause 7). In the event of the specified date for the submission of bids being declared a holiday by the Corporation, the Bids will be received up to the specified time on the next working day.

26.2 The Corporation may extend the deadline for submission of bids by issuing an amendment, in which case, all rights and obligations of the Corporation and the Bidders previously subject to the original deadline will then be subject to the new deadline. The intimation for extended deadlines will be sent to Bidders preferably one week prior to the original deadline.

26.3 Any Bid received by the Corporation after the deadline prescribed above will be returned unopened to the Bidder.

26.4 In exceptional cases (where only one bid is received within the deadline), bids received after the deadline, due to genuine delay, but before the time of opening of the bid may be considered on approval from the competent authority. However the right to approve and accept late bids solely rests with the authority / corporation after ascertaining the delay.

27. Modification and Withdrawal of Bids

27.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed in Clause 26.1 and 26.2 above.

27.2 Each modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clauses 24 & 25 of NIT, with the outer and inner envelopes additionally marked MODIFICATION or WITHDRAWAL as appropriate, by the respective Bidder.

27.3 No bid shall be modified after the deadline for submission of Bids.

27.4 Withdrawal or modification of a Bid between the deadline for submission of bids and the expiry of the original period of bid validity as in Clause 22.1 of NIT above or as extended pursuant to Clause 26.2 of NIT may result in the forfeiture of the Bid security pursuant to Clause 18 of NIT.

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28. Bid Opening

28.1 On the due date and appointed time as specified in clause 7 of NIT, the Corporation will first open envelope 1 of all bids received, including modifications made pursuant to clause 27 of NIT in presence of the Bidders or their representatives who choose to attend. In the event of the specified date for Bid opening being declared a holiday by the Corporation, the Bids will be opened at the appointed time and location on the next working day.

28.2 Envelopes marked WITHDRAWAL shall be opened and read out first. Bids for which an acceptable notice of withdrawal has been submitted pursuant to Clause 27 of NIT shall not be opened.

28.3 If all Bidders have submitted unconditional Bids together with requisite Bid security, then all Bidders will be so informed then and there. If any Bid does not contain cost of tender document in case of downloaded tender as per clause no. 5 of NIT and OR Bid security in the manner prescribed in the Bid documents as per clause no. 18 of NIT, then that Bid will be rejected and the Bidder informed accordingly. The sealed envelope containing priced BOQ will be returned to him without opening. All other valid Bids shall be considered for evaluation.

28.4 The Bidders name, the Bid prices, any discounts, Bid modifications and withdrawals, and such other details as the Corporation may consider appropriate, will be announced by the Corporation at the time of opening.

28.5 The Corporation shall prepare minutes of the Bid opening, including the information disclosed to those present in accordance with Sub-clause 28.3 above.

28.6 The provisions of NSIC are not applicable for this tender.Hence the bidders are requested to submit tender cost and bid security/ security deposit as per relevant clause and no price prefrence shall be given.

29. Clarification of Bids

29.1 To assist in the examination and comparison of Bids, the Corporation may, at its discretion, ask any Bidder for clarification of his Bid, including breakdown of unit rates. The request for clarification and the response shall be in writing or by email / fax, but no change in the price or substance of the Bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the Corporation in the evaluation of the Bids in accordance with Clause 32 of NIT.

29.2 Subject to sub-clause 32 of NIT, no Bidder shall contact the Corporation on any matter relating to his bid from the time of the bid opening to the time the contract is awarded.

29.3 Any effort by the Bidder to influence the Corporations bid evaluation, bid comparison or contract award decisions, may result in the rejection of his bid.

30. Examination of Bids and Determination of Responsiveness

30.1 Prior to detailed evaluation of Bids, the Corporation will determine whether each Bid(s) meets (a) the minimum requirements as defined in clause 1 of Pre Qualification Criteria (Annexure 1); (b) has been properly signed by an authorised signatory (accredited representative) holding Power of Attorney in his favour, which shall interalia include a provision to bind the Bidder for settlement of dispute as per GCC; (c) is accompanied by the required Bid security and; (d) is responsive to the requirements of the Bidding documents.

30.2 A responsive Bid is one which conforms to all the terms, conditions and specification of the Bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial change in scope, quality or performance of the Works; (b) which limits in any substantial way, the Corporations rights or the Bidders obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting responsive Bids.

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30.3 Over-writing on rate(s) / total amount not clearly indicating single meaning may be a cause of rejection of bid.

31. Correction of Errors

31.1 Bids determined to be responsive will be checked by the Corporation for any arithmetic errors. Errors will be corrected by the Corporation as follows:

a) When there is a difference between the rates in figures and in words, the rates which correspond to the amounts worked out by the Bidder, shall be taken as correct

b) When the amount of an item is not worked out by the Bidder or it does not correspond with the rates written either in figures or in words, then the rate quoted by the Bidder in words shall be taken as correct

c) When the rate quoted by the Bidder in figures and in words tallies but the amount is not worked out correctly, the rates quoted by the Bidder shall be taken as correct and not the amount.

[In event no rate has been quoted for any item(s), leaving space both in figure(s), word(s) and amount blank, it will be presumed that the Bidder has included the cost of this/ these item(s) in other items and rate for such item(s) will be considered as zero and work will be required to be executed accordingly]

d) In the case of percentage rate tender, the Bidders are required to quote their rates both in amount as well as in the percentage below/above the rates entered in the schedule. In such cases in the event of arithmetical error committed in working out the amount by the Bidder, the tendered percentage and not the amount should be taken into account.

31.2 The amount stated in the Bid will be adjusted by the Corporation in accordance with the above procedure for the correction of errors and shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount the Bid will be rejected, and the Bid security may be forfeited.

32. Evaluation and Comparison of Bids

32.1 The Corporation reserves the right to accept or reject any offer.

32.2 In evaluating the Bids, the Corporation will determine for each Bid, the evaluated Bid Price by adjusting the Bid Price by making any correction for errors pursuant to clause 31 of NIT (Correction of errors).

32.3 The estimated effect of the price adjustment conditions under Variations and Deviations of the Conditions of Contract, during the period of implementation of the Contract, will not be taken into account in Bid evaluation.

32.4 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer-in-charge or his representatives estimate of the cost of work to be executed under the contract, the Corporation may require the Bidder to produce detailed rate analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those rates with the implementation / construction methods and schedule proposed.

32.5 Any deviation in the commercial terms shall be suitably loaded before evaluation.

33. Award Criteria

33.1 The Corporation shall award the Contract to the Bidder whose evaluated offer / bid has been determined to be the technically suitable and financially lowest and is substantially responsive to the Bidding Document, provided further that the Bidder is determined to be qualified to execute the Contract satisfactorily.

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34. Notification of Award and Signing of Agreement

34.1 The Bidder whose Bid has been accepted will be notified of the award by the Corporation prior to expiration of the Bid validity period by issue of Work order. The notification may also be made through letter, wherein the work order shall follow.

34.2 The work order will constitute the formation of the Contract subject only to the furnishing of a performance guarantee within 30 days of work order.

34.3 An agreement shall be made and signed by both the parties. The Agreement will incorporate all correspondence between the Corporation and the successful Bidder.

34.4 Upon furnishing by the successful Bidder of the Performance guarantee, the Corporation will promptly notify the other Bidders that their Bids have been unsuccessful and release their Bid security.

35. Corrupt or Fraudulent Practices

35.1 The Corporation requires that Bidders / Suppliers / Contractors under this contract, observe the highest standard of ethics during the procurement and execution of this contract. In pursuance of this policy, the Corporation:

a) Defines, for the purpose of these provisions, the terms set forth below as follows:

i) Corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and

ii) Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Corporation, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Corporation of the benefits of free and open competition.

b) Will reject a proposal for award of work 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 declare a Bidder ineligible, either indefinitely or for a stated period of time, to be awarded a contract/contracts if at any time it determines that the Bidder has engaged in corrupt or fraudulent practices in competing for, or in executing, the contract.

36. Disclosures

36.1 Any change in the constitution of the contractors firm, where it is a partnership firm, joint venture or consortium partnerships as declared in the bid should be disclosed to the corporation, at any time between the submission of bids and the signing of the contract. The same shall be disclosed during the currency as per the GCC clause number 1.9 (Changes in Constitution).

37. Concessions for Mega Power Projects

37.1 The applicability of this clause will be as per Schedule A of General Conditions of Contract.

37.2 Nuclear Power Project of capacity 440 MW or more has been notified as Mega Power Project. As such, goods required for setting up these projects are subjected to Nil customs duty as per the extended policy of Government of India (vide customs notification no. 21 dated 1-3-2002 Sr. No.401 and as amended from time to time). Similarly, as per the foreign trade policy 2004-2009 of Government of India, Domestic Contractors supplying goods for these projects under the procedures of competitive bidding shall be eligible for benefits of Deemed Export, which include refund of terminal excise duty (presently given under paragraph 8.2(j) of the policy and paragraphs 8.2.6 to 8.4.8 of Handbook of procedures) issued by the Director General of Foreign Trade, Department of Commerce, Ministry of Commerce and Industry, Government of

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India. Hence, no customs duty and/or excise duty on goods shall, therefore, be payable / reimbursable by the purchaser to the contractor. The purchaser shall, however, make available the requisite documents or certifications as per the extant rules and procedures for availing the above exemptions / concessions by the contractor.

37.3 The Bidders may like to ascertain the availability of deemed export benefit mentioned as above. They shall be responsible for obtaining such benefits, which they have considered in the bid, and in case of failure to receive such benefits the Corporation will not compensate the Bidder. However the Bidder must give all information required for issue of Project Authority / Payment Certificate in terms of export-import policy of the government of India along with the bid. The Project Authority / Payment Certificate will be issued on this basis only and no subsequent change will be permitted. In this regards chapter 8 _ Deemed export in the export and import policy and handbook of procedures shall be referred to, for ascertaining the above.

Station Director, Tarapur Atomic Power Station 3&4

For & On behalf of the Nuclear Power Corporation of India Ltd.

________________________________________________________________________________________________________


Annexure I - PRE-QUALIFICATION CRITERIA

1. MINIMUM REQUIREMENT

1.1 Average Annual financial turnover during the last 3 years, ending 31st March of the previous financial year, should be at least 30% of the estimated cost AND

1.2 Experience of having successfully completed similar works during last 5 years ending last day of month previous to the one in which applications are invited should be either of the following:

a) Three similar completed works, each costing not less than the amount equal to 30% of the estimated cost. or

b) Two similar completed works, each costing not less the amount equal to 40% of the estimated cost. or

c) One similar completed work costing not less than the amount equal to 60% of the estimated cost. Or

d) One ongoing work in which the value of work done in the month previous to in which NIT is published shall not be less than 80% of estimated cost. The value of completed portion of work shall be certified by engineer in charge of the work. For work done in private sector TDS certificate is essential. The work experience without TDS shall not be considered.

e) The completed cost of work shall be escalated @ 8% compounded for each completed year, ending March 31st.

For all types of work except construction having completion period of more than one year the estimated cost for qualification shall be on per annum basis. Similarly the experience shall be considered on per annum basis.

Similar work for the purpose of this contract shall mean Installation and / or repairs of Water proofing works

1.3 The requirement of solvency certificate is deleted from the prequalification criteria.

1.4 The contractor should submit the documentary proof related to Minimum Requirement as stated above in a separate envelop along with the Bid.

1.5 Documentary evidence of PF registration, VAT registration and power of attorney.

2. GENERAL ELIGIBILITY CRITERIA

2.1 A Bidder may be a natural person, private entity, government-owned entity, or any combination of such entities supported by a letter of intent to enter into an agreement or under an existing agreement in the form of a Joint Venture Association (JVA) or Consortium. However, bids from JVA or Consortium shall not be accepted for works with estimated cost below Rs. 100 crores. Also JVA will not be applicable for service & maintenance contract.

In the case of a joint venture or consortium -

* Joint venture should not have more than three partners who specilized in their respective field.

* Unless otherwise specified, all partners shall be jointly and severally liable, and

* The JVA or Consortium Agreement shall nominate a Lead Partner who shall have the authority to conduct all business for and on behalf of any and all the partners of the JVA / Consortium during the bidding process and, in the event the JVA / Consortium is awarded the Contract, during contract execution.

* In such case, generally the Lead Partner shall take full responsibility of successful completion / fulfillment of all the contract conditions.

________________________________________________________________________________________________________


* All the partners of joint venture shall meet individually or collectively, the technical / financial requirements.

2.2 A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if:

* A Bidder participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of the bid; or

* A Bidder was affiliated with a firm or entity that has been hired (or is proposed to be hired) by the Corporation or as Engineer-in-charge for the contract.

2.3 Government-owned entities in the Corporations country shall be eligible only if they can establish that they are legally and financially autonomous and operate under commercial law. Also, they shall not be dependent agencies of the Corporation.

2.4 Bidders shall provide such evidence of their continued eligibility, satisfactory to the Corporation, as the Corporation shall reasonably request any time within the currency of the contract (including defect liability period).

2.5 Firms shall be excluded if:

* As a matter of law or official regulation, the Corporations country prohibits commercial relations with that country, provided that such exclusion does not preclude effective competition for the supply of goods or related services required; or

* By an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrowers country prohibits any import of goods or contracting of Works or services from that country or any payments to persons or entities in that country.

2.6 The Bidder shall submit attested copies of original documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory of the Bid to commit the Bidder; along with the bid.

3. CONTRACT ELIGIBILITY CRITERIA

Further, the contract eligibility includes the following:

3.1 Experience on similar completed works executed during the last five years; and details like monetary value, clients, proof of satisfactory completion.

3.2 Registration, if any, with specified departments (CPWD, State PWDs, MES, Railways, PSUs etc) / organizations, class / type of registration or previous pre-qualification(s) for similar projects.

3.3 Documentary evidence of adequate financial standing, Certified by Bankers, Audited Profit & Loss A/c and Balance Sheet, Annual turnover in last five years, access to adequate working capital.

3.4 Construction Equipment proposed to be deployed for the project and proof of its availability; equipment proposed to be purchased or leased.

3.5 Key personnel available and proposed to be engaged for management and supervision of the Project, their qualifications and experience. Valid certificates by a recognized University, technical Board, or Ministry of Government of India would only be taken cognizance of.

3.6 Project planning and quality control procedures to be adopted.

3.7 Information regarding projects in hand, current litigation, orders regarding exclusion/expulsion or black listing, if any.

________________________________________________________________________________________________________


3.8 In case of two part tender, bidders who meet minimum criteria will be qualified only if their available bid capacity is more than the bid value. The bid capacity of the contractor shall be determined by the following formula:

Bid Capacity = (A x N x 2) - B

Where,

A = maximum value of works executed in any one year during last five years

B = Value of existing commitments and on going works to be completed in the next N years

N = Number of years prescribed for completion of the subject contract

________________________________________________________________________________________________________


INFORMATION REGARDING QUALIFICATION OF BIDDERS

The information to be filled in by the Bidder in the following pages will be used for purposes of Pre-qualification as provided above.

1. For Individual Bidders (format for clause 2.6 of Annexure 1 Prequalification criteria)

1.1 Constitution or legal status of Bidder (Attach Copy) Place of registration: __________________________________________________ Principal place of business: _____________________________________________ (Power of attorney of signatory of Bid)

1.2 Value of work Completed during the last five years (in Rs. Lacs)

Particular Year Value

2010-11

2009-10

2008-09

2007-08

Total Value of Work Executed in the last five years. Immediately preceding the financial year in which bids are received. Attach certificate from Chartered accountant.

2006-07

1.2.1 Financial reports for the last five years: balance sheets, profit and loss statements, auditors reports (in case of companies / corporation) etc. List them below and attach copies. (Format for clause 3.3 of Annexure 1- Pre-qualification criteria)

Year Annual

Turnover in Rs.

Balance sheet Profit & loss status Auditor report

Reference Annexure

No.

2010-11

2009-10

2008-09

2007-08

2006-07

* Please mark (Y) if enclosed and (N) if not enclosed

________________________________________________________________________________________________________


1.3.1 Work executed as prime contractor (in the same name) on works of a similar nature* over the last five years. * * (format for clause 3.1 of Annexure 1 - Pre-qualification Criteria)

Project Name

Name & Address of Client

Description of Work

Contract No.

Value of Work (Rs.

Lacs)

Date of Issue of

Work Order

Stipulated period of

Completion

Actual date of

Completion

Remarks explaining reason for

delay

* Attach completion certificate(s) from the Engineer-in-charge or his representative(s) in-charge.

1.3.2 Quantities of work executed as prime contractor (in the same name and style) in the last five years. ** (format for clause 3.1 of Annexure 1 - Pre-qualification criteria)

Quantity of work performed Remarks Year Description of item of

work ------------

---------- ---------- ---------- Indicate Contract Reference

2010-11

2009-10

2008-09

2007-08

2006-07

________________________________________________________________________________________________________


1.4 Information on Bid Capacity (works for which bids have been submitted and works which are yet to be completed) as on the date of this bid calculated as per clause 3.8 of Annexure 1 - Prequalification criteria. (For Two Part tender only)

A) Existing commitments and on-going works: (format for clause 3.7 of Annexure 1- Prequalification criteria)

B) Works for which bids already submitted (format for clause 3.7 of Annexure 1 - Prequalification criteria)

Description of Work

Place & State

Name & Address of

Client


completion

Date when decision is expected

Remarks if any

C) Bid capacity work sheet :-

The tender has to enclose a sheet in envelope 1 working out bid capacity in line with clause 3.8.

Reference enclosure no.

Description

of work

Place &

state

Contract No. & Date

Name and

Address of Client

Value of contact

(Rs. Lacs)


completion

Value of work

remaining to be

completed (Rs. Lakhs)

Anticipated date of

completion

Remarks

________________________________________________________________________________________________________


1.5 a) The Bidders should list all essential equipments proposed to be deployed for carrying out the works. (Format for clause 3.4 of Annexure 1 - Prequalification criteria)

Item / Equipment

Requirement No. /Capacity

Owned / leased / to be procured

Nos. / Capacity

Age / Condition

Remarks (From whom to be purchased)

1.5 b) The Bidder shall provide adequate information to demonstrate clearly that the Contractor has the capability to meet the requirements for the key equipments. A separate Form (as defined below) shall be prepared for each item of equipment listed by the Bidder.

Item / equipment Name of Manufacturer

Model and power rating Equipment information

Capacity

Year of manufacture

Current Location Current status Details of current commitments

Source

Indicate source of the equipment Owned Rented Leased Specially manufactured

Omit the following information for equipment owned by the Bidder.

Name of Owner

Address of Owner

Telephone No.

Contact Name and title

Owner

Fax No.

E-Mail Address :

Agreements Details of rental / lease / manufacture agreements specific to project

________________________________________________________________________________________________________


1.6 Qualifications and experience of key personnel proposed to be deployed for administration and execution of the Contract incl. QA and Industrial Safety personnel. Attach biographical data.

Position Name Qualification Years of Experience

(general) Years of experience

in the proposed position


1.6(a) Number of certified Trades persons to be employed at the site of Project.


1.7 Proposed sub-contracts and firms involved

Sections of the works

Value of Sub-contract

Sub-contractor (name and address)

Experience in Similar work

________________________________________________________________________________________________________


1.8 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. List them below and attach copies of support documents. (Format for clause 3.3 of Annexure 1-Prequalification criteria)


1.9 Name, address, telephone number, fax numbers and e-mail address of the Bidders bankers who may provide references if contacted by the Corporation. (Format for clause 3.3 of Annexure 1- Prequalification criteria)

Bankers detail

Name

Address

Telephone No.

Fax No.

E-mail address

1.10 Information on litigation history in which the Bidder is involved (format for clause 3.7 of Annexure 1- Prequalification criteria)

Client & Address Cause of dispute Amount Remarks and the present status

________________________________________________________________________________________________________


1.11 Specify proposed sources of financing net of current commitments, available to meet the total construction cash flow demands of the subject contract or contracts

Source of financing Amount (INR equivalent)

1.

2.

3.

4.

1.12 Proposed work method and schedule the Bidder should attach descriptions, drawings and charts as necessary to comply with the requirements of the Bidding documents. (Format for clause 3.6 of Annexure 1- Prequalification Criteria)

Refer enclosure

__________________________________________________________________________________________________________________________________________________________


1.13 QUALIFYING CRITERIA as per annexure 1 of NIT (To be filled up by bidder)

Work Experience Average Annual

Turnover for accounting year. Sr.

No. Qualifying Value

Please fill the Name of similar work as specified in clause-1.2, Work

Order No. & Value.

Qualifying Value (30% of estimated

cost)

VAT & PF Registration PAN No. Remarks

i)

ii)

I Costing 30 % of estimated

cost

iii)

i) II Costing 40 % of estimated

cost

ii)

2010-11

2009-10

2008-09 ___________

Average=

VAT No. :

PF No.:

__________________________________________________________________________________________________________________________________________________________


Work Experience Average Annual

Turnover for accounting year. Sr.

No. Qualifying Value

Please fill the Name of similar work as specified in clause-1.2, Work

Order No. & Value.

Qualifying Value (30% of estimated

cost)

VAT & PF Registration PAN No. Remarks

III Costing 60 % of estimated

cost

i)

IV One ongoing work in which the value of work done in the month previous to in which NIT is published shall be 80% of estimated cost.

i)

I have read and understood the clauses in the NIT & General conditions of contract and the information / evidence provided for minimum requirements and the prequalification criteria are true and fair.

(Signature of bidder with seal)

Note The bidder has to sign the tender form enclosed subsequently.

________________________________________________________________________________________________________


SECTION - II

MEMORANDUM OF AGREEMENT

________________________________________________________________________________________________________


SECTION - II

MEMORANDUM OF AGREEMENT

(a) For Item Rate Tender:

I/We hereby tender for the execution for the Nuclear Power Corporation of India Limited of the work specified in the underwritten memorandum within the time specified in such memorandum at the rate specified therein, and in accordance in all respects with the specifications, design, drawings and instructions in writing referred to in Rule 1 hereof and general conditions of contract and with materials as per provided for by and in all respects in accordance with, such conditions as far as possible.

MEMORANDUM

a) General Description of work : Repairs of Water proofing works for residential buildings Type-C (1-26) and other buildings in Anuvikas Township at TMS.

b) Estimated cost : As per Clause No. 1 of Notice Inviting Tender.

c) Bid Security : As per Clause No. 18 of Notice Inviting Tender.

d) Security Deposit : As per Clause No. 4.2 of General Conditions of Contract.

e) Time of completion : As per Clause No. 2 of Notice Inviting Tender.

RULE:1

Should this tender be accepted, in whole or in part, I/We hereby agrees (i) to abide and fulfill all terms and provisions of the said conditions annexed hereto and all the terms and provisions contained in the notice inviting tenders so far as applicable, and/or in default thereof to forfeit and pay to Nuclear Power Corporation of India Limited or his successors in office, the sum of money mentioned in the said conditions. A Draft/Bank guarantee of a scheduled commercial bank has been deposited as Bid Security.

If I/We fail to furnish the prescribed performance guarantee within prescribed period, I/We agree that the said NPCIL or his successors in office shall without prejudice to any other right or remedy, be at liberty to forfeit the said bid security absolutely, Further, if I/We fail to commence the work specified in the above memorandum, I/We agree that the said NPCIL or his successors in office shall without prejudice to any other right or remedy, be at liberty to forfeit the said bid security absolutely and cancel the award of work.

I/We agree to execute all the works referred to in the tender document upon the terms and conditions contained or referred to therein and to carryout such deviations as may be ordered, upto maximum of the percentage mentioned in Clause 11.2.1 of General Conditions of Contract and those in excess of that limit at the rates to be determined in accordance with the provisions contained in General Conditions of Contract. I/We hereby declare that I/We have been debarred/not debarred and/or delisted/ not delisted by any Govt./PSU.+

Dated the_____________________________ day of __________________ 20______________

________________________________________________________________________________________________________


++ M/s.____________________________________________ Signature______________________

Witness+++ _______________________Signature____________________________________

Address _____________________________________________

_____________________________________________

Occupation ________________________________________________

The above tender is hereby accepted by me for and on behalf of Nuclear Power Corporation of India Limited.

Dated the ___________________________day of _________________ 20 ________________

Signature ++++_________________________________________________________________

_________________________________________________________________

+ Bidder is advised to read carefully and strike out whichever is not applicable and furnish details wherever applicable.

++ Signature of contractor before submission of tender +++ Signature of witness to contractors signature ++++ Signature of the Officer by whom accepted

________________________________________________________________________________________________________


b) For Piece work Tender :

I/We hereby tender to execute for the Nuclear Power Corporation of India Limited (NPCIL) the under mentioned description of work on a Piece Work basis in accordance, all respects, with the specifications, designs, drawings and instructions in writing referred to in Rule 1 hereof and the conditions of contract in consideration of payment being made for the quantity of work executed at the rate specified in the following schedule.

MEMORANDUM

a) General Description : _________________________________________ of work

b) Bid Security : Rs.______________________________________________

(Rupees____________________________________________________________________________________)

c) Amount if any, to be : Rs. deducted from bill (Rupees_______________________________________

_____________________________________________)

d) Percentage to be : Percent________________________________________) deducted from bills

Name of work No. of Item Clause & Description Unit of Rate work to be executed

Unit of calculation Rate of item

---Schedule Attached---

Should this tender be accepted I/We agree to abide by and fulfil conditions contained in the tender document which have been read by me/received and explained to me for as applicable, or his successors in office the sums of money mentioned in the said conditioned, without prejudice to any other right of the NPCIL.

Note: 1. Piece work is that which involves the payment of work done at stipulated rate only without reference to a total quantity or time.

2. A separate schedule should be attached in case where the space provided herein found to be inadequate.

Give the particular and numbers.

________________________________________________________________________________________________________


The sum of Rs. is herewith forwarded (details of remittance made_________) as Bid Security, the full value of which is to be absolutely forfeited to the said NPCIL or his successors in office, without prejudice to any other rights or remedies of the said NPCIL or his successors in office should I/We fail to commence the work specified in the above schedule.

Witness:

Signature:

Address :

The above tender is hereby accepted by me on behalf of NPCIL.

Dated the day of 200____

Signature of the Officer

________________________________________________________________________________________________________


TENDER FORM

(TO BE FILLED AND SIGNED BY THE CONTRACTOR)

To, Nuclear Power Corporation of India Ltd., (Hereinafter referred to as the Corporation)

I/We have read and examined the following documents relating to Repairs of Water proofing works for residential buildings Type-C (1-26) and other buildings in Anuvikas Township at TMS.

(Name of the Works)

(a) Notice Inviting tender.

(b) Schedules A, B & C

(c) Technical Specifications

(d) Drawings

(e) General Conditions of Contract including Contractors Labour Regulations, Model Rules for Labour Welfare and Safety guide appended to these conditions together with the amendments thereto if any.

(f) Special Conditions of contracts

(g) Schedule of quantities and Rates (referred to in the General Conditions of Contract as Schedule of Rates) together with Amendment if any.

I/We hereby tender for execution of the works referred to in the aforesaid documents upon the terms and conditions contained or referred to therein and in accordance in all respects with the specifications, designs, drawings and other relevant details at the rates contained in Schedule of Quantities and Rates and within the period(s) of completion as stipulated in NIT.

In consideration of I/We being invited to tender. I/We agree to keep the tender open for acceptance for ....... days from the due date of submission thereof and not to make any modifications in its terms and conditions which are not acceptable to the Corporation.

A sum of ` __________ is hereby forwarded in Demand Draft payable at __________/Deposit at Call Receipt of any scheduled commercial bank as Bid Security. If I/We fail to keep the tender open as aforesaid or make any modifications in the terms and conditions of the tender which are not acceptable to the Corporation, I/We agree that the Corporation shall without prejudice to any other right or remedy, be at liberty to forfeit the said bid security absolutely. Should this tender be accepted, I/We hereby agree to abide by and fulfill all the terms, conditions and provisions of the aforesaid Documents.

________________________________________________________________________________________________________


If, after the tender is accepted, I/We fail to commence the execution of the works as provided in the conditions, I/we agree that the Corporation shall without prejudice to any other right or remedy be at liberty forfeit the said bid security absolutely.

Signature of the capacity of ____________________________ Duly authorised to sign the tender on behalf of the (In Block Capitals)____________________________________ ___________________________________________________

Dated ______________________________________________ Postal Address _______________________________________ Telegraph Address ____________________________________ Telephone No./Fax/Telex No ____________________________

Seal of the Company/Firm

Witness ___________________________ Date______________________________ Address ___________________________

________________________________________________________________________________________________________


A G R E E M E N T

Agreement for the Work of Repairs of Water proofing works for residential buildings Type-C (1-26) and other buildings in Anuvikas Township at TMS. Agreement made this __________ day of __________2011 between the Nuclear Power Corporation of India Limited, (A Government of India Enterprise), acting through the Station Director, Tarapur Atomic Power Station 3&4 (hereinafter called the CORPORATION) of the one part and M/s.____________________________________________________________________________________________________________________________________________________________________

(Herein after referred to as the Contractor) of the other part.

WHEREAS the aforesaid Station Director, Tarapur Atomic Power Station 3&4 on behalf of the Corporation invited tenders for the work of Repairs of Water proofing works for residential buildings Type-C (1-26) and other buildings in Anuvikas Township at TMS. WHEREAS the tender of the Contractor was accepted and work awarded to the Contractor by the Corporation under this letter No.(i.e. W.O. No.___________________ dt.______________

AND WHEREAS the Contractor has accepted the work order for the work aforesaid in their letter No. ___________________________________________ dt. _____________________

Now the agreement, witness and it is hereby agreed by and between the parties hereto as follows:

I) This agreement, inter alias, consisting of (section I to VIII inclusive) hereto annexed contains the entire agreement between the parties. All other previous and collateral arrangements, representations, promises and conditions are superceded by the contract and shall not be binding on either party. All the work executed by the Contractor under the work order and undertaking given under the terms and conditions of the agreement.

II) In consideration of the payments to be made by the Nuclear Power Corporation of India limited to the Contractor as mentioned in the contract the Contractor hereby covenants with the Corporation to carry the work of Repairs of Water proofing works for residential buildings Type-C (1-26) and other buildings in Anuvikas Township at TMS. On the terms and conditions as mentioned in this contract.

III) The corporation hereby covenants to pay to the Contractor in consideration of the aforesaid work, in the manner mentioned in this Contract. In witness whereof Shri. ___________________, the Contractor and Shri. ___________________ (work order signing authority) for and on behalf of the Corporation and

________________________________________________________________________________________________________


the Contractor have hereunto affixed their seals and signature the day, month and year here in above written.

Tarapur Maharashtra Site For & on behalf of the Nuclear Power

Corporation of India Limited

: Witness Signature __________________________ : Name __________________________

: Address __________________________

Signature of the Contractor For & on behalf of

M/s. _______________________

: Witness Signature ____________________________ : Name ____________________________ : Address ____________________________

________________________________________________________________________________________________________


SECTION -III

SPECIAL CONDITIONS OF CONTRACT

________________________________________________________________________________________________________


SECTION - III

SPECIAL CONDITIONS OF CONTRACT

1.0 SCOPE OF WORK : The scope of work will be Repairs of Water proofing works for residential buildings Type-C (1-26) and other buildings in Anuvikas Township at TMS. The work involves Repairs of water proofing by APP polymer bituminous membrane, cement based water proofing treatment, filling cracks with acrylic base polymeric crack filler, applying two coats of acrylic polymer modified non-shrink cementitious slurry, repairs to cement based 110 mm thick waterproofing treatment etc. and other allied items as detailed in the schedule of quantities and specifications of Section VII.

2.0 SITE LOCATION :

The bidder may please note that Boisar Railway Station of Western Railway which is 98 Km. North from Bombay Central in Dist Thane, Maharashtra. TMS plant site and TMS Township is located at about 15 km and 03 km respectively from Boisar railway station.

3.0 SECURITY RULES :

The contractor shall follow all security rules as may be framed by the corporation from time to time regarding movement of materials and equipment to site, issue, cancellation, deposition, loss etc. of identity cards, control of entry of personnel etc.. The contractor and his personnel shall abide by all security measures imposed by the Engineer or his duly authorized representative from time to time. Contractor shall also follow all rules and regulations applicable in the event of subject area being declared /proclaimed under emergency from time to time by existing Nuclear Power Stations in the vicinity or by any other statutory order. Nothing extra will be payable on account of stoppage/ hindrance of the work on this account.

The contractor should apply for issue of identity cards with photo for all his employees which should be displayed while on duty. The photo identity card shall be issued by the TAPS-1 to 4 security section. Police verification if needed shall be done by contractor at his own cost. At the end of contract period all the identity cards shall be accounted for and submitted to security section for cancellation. Failing this a penalty of Rs. 200/- per missing card shall be levied. The contractor has to submit a copy of report to local police station regarding missing photo passes.

4.0 SIGNING OF AGREEMENT:

4.1 The successful Bidder shall enter into contract and shall execute and sign the Contract Agreement in accordance with the Articles of Agreement.

4.2 Client shall prepare the draft Articles of Agreement in the Proforma included in this Document, duly incorporating all the terms of agreement between the two parties and send the same in duplicate to the successful Bidder for their concurrence.

4.3 The successful Bidder shall return the duly concurred copies of the draft Articles of Agreement within Two (02) days of receipt of the draft Articles of Agreement from Client, duly printed on the correct amount of stamp paper, duly adjudicated by the registrar of stamps where the contract is proposed to be executed.

4.4 The competent authority of the Client shall sign the Contract agreement and return a copy of the same to the successful bidder.

5.0 FACTORS TO BE CONSIDERED FOR ARRIVING AT DAILY WAGES

i. Minimum Wages for different categories of laborers shall be paid higher one of the declared revised wages either of the Maharashtra Government or Central Government. For Tarapur Maharashtra Site (TMS) the minimum wages under the provisions of Minimum wages Act, 1948 as notified from time to time by HR group, TMS shall be paid for all type of categories of labour.

________________________________________________________________________________________________________


At TMS minimum wages have been adopted as applicable to Construction or Maintenance of Road or in Building Operation in respect of all types of contract. Bid for manpower supply contracts, which are less than minimum wages including statutory levies and applicable taxes are liable to be rejected.

ii. Factor to take care of increase in minimum wages as notified from time to time during the contract period where escalation is not applicable.

iii. Statutory Levies like EPF

iv. Transportation charges @ `30 per day per person for Plant site works only.

v. a) Food allowance @ `11 per day per person for plant site & transport works only.

b) Contractor shall provide canteen facility for all the workmen engaged for colony works.

vi. Industrial Safety & Security charges covers for PPE like Safety Shoes and Safety gears, labour license, medical fitness, expenses for Police Verification, restricted entry for the employees and other associated charges.

vii. Charges for uniform comprising of a Trouser and Shirt @ 2 pairs per year ,if applicable

viii. Charges for Audiometry and medical test for getting TLD cards for plant site works.

ix. Bonus as per the act.

x. All taxes and duties excluding service tax & cess on service tax, employees compensation policy, car policy, third party insurance for which reimbursement shall be paid separately on actual amount / premium paid after submission of documentary evidence.

In case of non compliance of above as per tender condition shall result in levy of non returnable penalty equivalent to 3 times the amount required to be paid.

6.0 Criteria for rejection

Quotation, which are less than minimum wages including statutory levies are liable for rejection for manpower contract or where minimum No. of manpower are mentioned in the contract.

7.0 Compliance requirements

i. To ensure the compliance of payment of statutory levies by contractor, the documentary evidence of registration towards EPF and service tax shall be submitted along with first RA bill. Contractor shall submit documentary evidence of remittance of EPF by next RA bills. Amount paid for EPF shall be submitted by contractor on quarterly basis along with the account no. of the employees.

ii. As per employee PF and miscellaneous act contractor can voluntarily pay PF even if number of employees deployed is less than 20. At TMS the contractor have to mandatory register for PF and deposit the same irrespective of number of person deployed

iii. The deployment of contractors supervisory staff shall be in accordance with schedule- A.

iv. The penalty for inadequate deployment shall be as per schedule-A

v. The contractors shall take Insurance policies before commencement of the work. Quoted rate shall be excluding the premium amount of insurance policy. After submission of the policy the premium charges shall be reimbursed.

vi. In case of non submission of policy as per tender condition shall result in levy of non returnable

________________________________________________________________________________________________________


penalty equivalent to 3 times the Premium required to be paid for each type of insurance i.e. CAR policy, Third Party Insurance, Employee Compensation Policy separately. Levy of penalty does not abrogate contractor from his responsibility regarding Insurance and risk cover. NPCIL shall not be liable for or in respect of any damage or compensation payable. The work order is liable for cancellation in case of continued non-compliance.

vii. Payslip/Wage register shall indicate payment towards Minimum wages, overtime, transport allowance, food allowance, and PF as applicable. Compliance shall be submitted with each RA Bill and same has to be certified by NPCIL representative.

The contractor has to pay wages to all the employees in their bank account through RTGS / account payee cheque except in the following conditions:-

1) The completion period of work order is less than three months.

2) The work is being executed in vendors premises. 3) Petty work.

4) In case of contract period of more than three months, only the employee who is deployed for less than a months duration can be paid in cash.

In case of Sr. No. 1 & 4 above the contractor has to make wages payment to employee in cash in presence of engineers representative. The contractor shall inform the engineer in writing about the date and place of wage disbursement well in advance.

The contractor has to arrange for opening of bank account for his employees at his own cost. The contractor shall submit the muster roll and details of transfer of money to bank account to ENC within three days of due date of wage disbursement.

8.0 PREFERENCE TO PROJECT AFFECTED PERSONS :

Contractor shall employ their employees, preferably from amongst the project affected eligible persons. Contractors, if asked by engineer, shall submit regularly in a prescribed proforma; a list of such eligible project affected persons employed by him through out the contract period.

9.0 BANK GUARANTEE :

Bank / performance guarantee submitted by contractor is subject to verification by NPCIL directly through issuing bank. The contractor is required to facilitate the verification.

10.0 PROVISION OF UNIFORM (This Clause is applicable for contract period more than 3 months) :-

The contractor shall at his own expenses provide uniform and footwear etc. for all labourers engaged on work to the satisfaction of the employer during entire period of work order. On his failure to provide the uniform and footwear to the workers, employer may deduct an amount of ` 600/- and ` 400/- respectively. Employer may recover this amount from any amount due or which may become due to the contractor or from any amount lying with them or under their control. The minimum uniform shall be overcoat type half shirt with firms name printed on back. The uniform to be provided by contractor shall be of different colour and shade than that of NPCIL employees.

11.0 RATES :-

Item rates shall be including all the taxes and duties except service tax & cess on service tax, employee compensation policy. CAR policy, third party insurance and same shall be reimbursed separately on actual payment basis on submission of documentary evidence.

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12.0 LABOUR LICENSE

The contractor shall apply for issue of Form-V as soon as work order is issued, in case labour license is to be obtained.

13.0 The following documents are to be submitted:-

a) Before commencement of work :-

i. CAR policy including third party liability, Employees compensation policy (in original) as per schedule - A.

ii. Labour license if applicable

iii. Work order acceptance letter.

b) For payment of the First RA Bill, the contractor shall furnish the following documents.

i. Performance guarantee as per clause 4.2.3 of general conditions of contract shall be submitted within 30 days after issue of work order.

ii. Latest Income tax certificate. iii. Copy of registration of sale tax/ excise duty/VAT. iv. Copy of registration of EPF along with the PF account no. of the employees. v. Partner ship deed of firm or power of attorney of the representative. vi. Bank details, address, RTGS number etc. vii. Service Tax registration. viii. PAN No. ix. Copy of wage register witnessed by NPCIL representative for the bill period

c) For payment of the Final Bill, the contractor shall furnish the following documents: -

i. An affidavit stating that all the liabilities on account of PF for the employees / labours deployed by the contractor for the work, has already been liquidated and indemnifying NPCIL of any future liabilities on this account and NPCIL shall have no responsibility on this account.

ii. The contractor has to take clearance from HR group of TMS before release of final bill that bonus has been paid to all employees.

14.0 CONTRACT SPECIFIC ADDITIONAL CLAUSES :

14.1 MINIMUM WAGES:

Minimum Wages for different categories of laborers shall be paid higher one of the declared revised wages either of the Maharashtra Government or Central Government. For Tarapur Maharashtra Site (TMS) the minimum wages under the provisions of Minimum wages Act, 1948 as notified from time to time by HR group, TMS shall be paid for all type of categories of labour. At TMS minimum wages have been adopted as applicable to Construction or Maintenance of Road or in Building Operation in respect of all types of contract. Bid for manpower supply contracts, which are less than minimum wages including statutory levies and applicable taxes are liable to be rejected.

The contractor shall provide canteen facility for all the workmen engaged for this work.

14.2 INSURANCE :

The contractor is required to submit insurance policy as per clause 15 - of GCC except CAR policy (Ref. Schedule A, Sl. No. 22). Non-submission of insurance policy shall result in penalty of

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` 5,000/- per month or part there of on pro-rate basis. In case of continued non-compliance suitable action as deemed fit by NPCIL shall be taken and work order is liable to be cancelled.

14.3 PERFORMANCE GUARANTEE:

The sole responsibility shall be on the contractor for carrying out waterproofing work ensuring leakageproof / seepageproof internal and external surface. The waterproofing repairs for attending leakage / seepage problem either from walls and / or roof slab shall be carried out by deploying trained manpower. As onus of selecting and deploying manpower, chemical materials, etc lies solely on the prime contractor. The branded reputed chemicals, as per own selection or from amongst the reputed brand viz. CICO / FOSROC/ WACKER/ SIKA / ROFFE / SUNANDA with due approval of NPCIL shall be used as per technical/manufacturers specification. In order to have full responsibility of the contractor, an amount of 10% of contract value (as per clause of 4.2 of GCC) shall be withheld as Performance Guarantee for a period of 5 (Five) years against defects liability, which shall be released @ 2% per year (in lieu of clause 4.3 of GCC) after performance,