Tender Document(VOL.I TO IV)
For Providing “Interior / Connected Works”
for the development of
Additional Office Space for NBA at the
5th Floor of
TICEL Bio Park Building
At
CSIR Road, Taramani, Chennai – 600 113
Ref. No. F. No. 2/128/11-12/ Admin
Date: 6th February 2013
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BID SCHEDULE & VENUE
National Biodiversity Authority2
Sl. No. Activity Scheduled Date & Time
1. Name of work
Providing “Interior / connected works” for
the development of additional office space
for NBA at TICEL Bio Park, CSIR Road,
Taramani, Chennai – 600 113.
2.Period of sale of Tender
document
From 06.02.2013 To 26.02.2013
Time 10.00 to 17.00 hrs.
3.
Last date / time for
submission of Technical and
Financial Bids
Bids should be dropped in the Tender Box
kept for the purpose on
or before 27.02.2013 – 3.00 PM
4. Location of Tender Box
National Biodiversity Authority,TICEL Bio Park,
5th Floor, CSIR Road,
Taramani, Chennai – 600 113
(Receipt and Dispatch Section)
5.Venue of opening of
Technical Bids
CONFERENCE HALLOffice of the NBA, TICEL Bio Park,
5th Floor, CSIR Road,
Taramani, Chennai – 600 113
6.Date and Time of opening of
Technical Bids
27.02.20133.30 PM
7. Officer Inviting BidsSecretary,NBA, Chennai – 600 113.
Chennai – 600 113
TENDER DOCUMENT(VOL.I)
TECHNICAL BID
Tender for Execution of “Interior / Connected Works” for the
Development of Additional Office Space for
National Biodiversity Authority
in
5th Floor, TICEL Bio Park, CSIR Road, Taramani, Chennai
Government of India
National Biodiversity Authority
5th Floor, TICEL Bio Park, CSIR Road,
Taramani, Chennai – 600 113
Phone: 2254 2777, 2254 1075
Website: www.nbaindia.org
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INVITATION FOR BID
(IFB)
National Biodiversity Authority
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INVITATIONS FOR BIDS (IFB)COMPETITIVE BIDDING
Ref. No. F. No. 2/128/11-12/ Admin 6 /02/2013
1. The Secretary, National Biodiversity Authority, invites bids for providing interior / connected works for the development of additional office space for National Biodiversity Authority in TICEL Bio Park, CSIR Road, Taramani, Chennai - 600 113.
2. Bidders are advised to note the minimum qualification criteria specified in Clause 2 of the Instructions to Bidders to qualify for the award of the contract. They shall submit information in Annexures I & II along with Technical Bid and Annexure III along with Financial Bid(Price Bid).
3. Bidding documents may be purchased from the office of National Biodiversity Authority, for a non-refundable fee as indicated, in the table in the form of Demand Draft on any Scheduled bank payable at Chennai in favour of National Biodiversity Authority. Interested bidders may obtain further information at the above address. The bidding documents can also be downloaded from Authority’s website www.nbaindia .org Those who download the documents should enclose a DD towards the cost of bid documents.
4. Bids must be accompanied by security deposit for the amount specified for the work in the table below, drawn in favour of National Biodiversity Authority, Chennai. Bid security will have to be in the form of Demand Draft only.
5. Bids must be delivered at National Bio Diversity Authority, on or before 3.00 P.M on 27/02/2013 and will be opened on 27/02/2013 at 3.30 PM, in the presence of the bidders who wish to be present at that time. If the office happens to be closed on the last 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.
6. Any technical details like technical specifications may be got clarified from the Architect M/s. Arkie Atelier Design India (P) Ltd, No.6 Venus Colony, Second Street, Alwarpet, Chennai – 600 018. Their telephone no is 91 – 44 – 43142200.Clarifications requested through e-mail may be addressed to [email protected] with a copy to NBA at [email protected] Details other than technical may be obtained from National Bio diversity Authority during office hours.
7. Other details can be seen in the bidding documents.
TABLE5
S.No. Name of workApproximate value of work (Rs.)
Bid Security
(Rs.)
Cost of Tender
document (Rs.)
Period of completion
(1) (2) (3) (4) (5) (6)Providing Interior /
Connected works for the
development of additional office
space for National
Biodiversity Authority in
TICEL Bio Park CSIR Road, Taramani,
Chennai – 600 113.
Rs1.19 crores
Rs. 2,38,000/-
Rs 1050/- including
Taxes
75 days
Seal of office
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SECTION 1: INSTRUCTIONS TO BIDDERS
(ITB)
A. General
1. Scope of Bid
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1.1 National Bio Diversity Authority (referred to as Employer in these documents) invites bids for Providing Interior / Connected works for the development of additional office space for National Biodiversity Authority at TICEL Bio Park, CSIR Road, Taramani, Chennai – 600 113.
1.2 The successful bidder will be expected to complete the works in all respects by the intended completion date specified in the Contract data.
2. Qualification Criteria
To qualify for award of the contract, each bidder in its name should have in the last five years i.e. From 01.04.2007 to 31.3.2012 Ending 31.03.2012 (a) Achieved a financial turnover of Rs. 50 lakhs in any one of the financial year
2010-11 and 2011-12. (Certified Balance sheet and Profit & Loss a/c shall be enclosed)
(b) Executed one internal work consisting of Internal partitions workstation etc.
for a value of not less than Rs. 90 lakhs or two works of not less than Rs. 55 lakhs in any
one of the past two years is in 2010-11 or 2011-12. ( Completion Certificate from the
clients shall be enclosed with value of contract.)
3. To qualify for the package, the bidder must demonstrate having experience and resources sufficient to meet the aggregate of the qualifying criteria.3.1 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have:
- made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements; and/or
- record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation history, or financial failures etc.
4. Cost of Bidding
4.1 The bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will in no case be responsible and liable for those costs.
5. Site visit
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5.1 The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the Works. The cost of visiting the Site shall be at the Bidder's own expense.
B. Bidding Documents
6. Amendment of Bidding Documents
6.1 Before the deadline for the submission of bids, the Employer may modify the bidding documents by issuing addenda / corrigendum.
6.2 Any addendum / corrigendum thus issued shall be part of the bidding documents and shall be communicated in writing to all the purchasers of the bidding documents. Prospective bidders shall acknowledge at once the receipt of each addendum / corrigendum in writing to the Employer.
7. Bid Prices
7.1 The contract shall be for the whole works based on the priced Bill of Quantities submitted by the Bidder.
7.2 The bidder shall fill in rates and prices and line item total (both in figures and words) for all items of the Works described in the Bill of Quantities along with total bid price (both in figures and words). Items for which no rate or price is quoted by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities. Erasing / overwriting should be avoided. The rates written in “words” shall be taken as final rates for all purposes. Corrections, if any, shall be made by crossing out, initialing, dating and rewriting.
7.3 All duties, taxes, and other levies payable by the contractor under the contract, or for any other cause shall be included in the rates, prices and total Bid Price submitted by the Bidder.
7.4 The rates and prices quoted by the bidder shall be fixed for the full duration of the Contract and shall not be subject to adjustment on any account.
8. Bid Validity
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8.1 Bids shall remain valid for a period not less than ninety days after the deadline date for bid submission.
8.2 No request for escalation in the quote for any work / item shall be entertained by NBA on any account.
9. Bid Security
9.1 The Bidder shall furnish, as part of his Bid, a Bid security for the amount as shown in Col. 4 of IFB for this work. This bid security shall be in favour of National Biodiversity Authority, Chennai and may be in the form of Demand Draft in favour of “National Biodiversity Authority”.
9.2 Any bid not accompanied by an acceptable Bid Security shall be rejected by the Employer as non-responsive.
9.3 The Bid Security of unsuccessful bidders will be returned within 28 days of the end of the bid validity period.
9.4 The Bid Security of the successful bidder will be discharged when the bidder has signed the Agreement and furnished the required Performance Security.
9.5 The Bid Security may be forfeited
(a) if the Bidder withdraws the Bid after Bid opening during the period of Bid validity;
(b) in the case of a successful Bidder, if the Bidder fails within the specified time limit to
(i) Sign the Agreement; or(ii) Furnish the required Performance Security.
10. Format and Signing of Bid
10.1 The Bidder shall prepare one original and one copy of the documents comprising the bid bound with the volume containing the Form of Bid, and clearly marked "ORIGINAL" and "COPY" as appropriate. In the event of discrepancy between them, the original shall prevail.
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10.2 The original and copy of 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, All pages of the bid where entries or amendments have been made shall be initialed by the person or persons signing the bid.
10.3 The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Employer, 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.
10.4 The Bidder shall furnish information as described in the Form of Bid on commissions or gratuities, if any, paid or to be paid to agents relating to this Bid, and to contract execution if the Bidder is awarded the contract.
C. Submission of Bids
11. Sealing and Marking of Bids
11.1 The Bidder shall seal the original and copy of the Bid in separate envelopes, duly marking the envelopes as "ORIGINAL" and "COPY". These envelopes (called as inner envelopes) shall then be put inside one outer envelope.
11.2 The Bidder shall keep the Technical bid in cover A and mark the envelope as Envelope A. Envelope B will contain Financial Bid. The Bidder will write on Top of Envelope B Financial Bid – Not to be opened - Both Envelopes A and B will be put in another/ Big cover along with EARNEST MONEY DEPOSIT and sealed. The Bidder will write the name of work on this cover and address the same to Secretary, National Biodiversity Authority, 5 th
Floor, TICEL Bio Park, CSIR Road, Taramani, Chennai – 600 113 and this cover along with the duplicate will be delivered to National Biodiversity Authority before the dead line fixed for submission of bid. Earnest Money Deposit should not be kept inside the financial Bid cover (Envelope B).
11.3 The inner and outer envelopes shall(a) be addressed to the Employer at the following address:The Secretary, National Biodiversity Authority, 5th Floor, TICEL Bio Park, CSIR Road, Taramani, Chennai – 600 113.
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And
(b) bear the following identification:
- Bid for Providing Interior / Connected works for the development of additional office space for National Biodiversity Authority.
- DO NOT OPEN BEFORE 27/02/2013 3 pm.
11.4 In addition to the identification required, the inner envelopes shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared late.
11.5 If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the bid.
12. Deadline for Submission of the Bids
12.1 Bids must be received by the Employer at the address specified above not later than 27/02/2013, 3.00 P.M. In the event of the specified date for the submission of bids declared a holiday for the Employer, the Bids will be received up to the appointed time on the next working day.
12.2 The Employer may extend the deadline for submission of bids by issuing an amendment, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline.
13. Late Bids
13.1 Any Bid received by the Employer after the deadline prescribed will be returned unopened to the bidder.
14. Modification and Withdrawal of Bids
14.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed.
14.2 Each Bidder's modification or withdrawal notice shall be prepared, sealed, marked, and delivered with the outer and inner envelopes additionally marked "MODIFICATION" or "WITHDRAWAL", as appropriate.
14.3 No bid may be modified after the deadline for submission of Bids.
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14.4 Withdrawal or modification of a Bid between the deadline for submission of bids and the expiration of the original period of bid validity specified may result in the forfeiture of the Bid security.
14.5 Bidders may offer discounts too, or modify the prices of their Bids only by submitting Bid modifications in accordance with this clause, or included in the original Bid submission.
D. Bid Opening and Evaluation
15. Bid Opening
15.1 The Employer will open all the Bids received (except those received late), including modifications made, in the presence of the Bidders or their representatives who choose to attend at 3.30 P.M on the date and the place specified. In the event of the specified date of Bid opening being declared a holiday for the Employer, the Bids will be opened at the appointed time and location on the next working day.
15.2 Envelopes marked "WITHDRAWAL" shall be opened and read out first. Bids for which an acceptable notice of withdrawal has been submitted shall not be opened. Subsequently, all envelopes marked “Modification” shall be opened and the submissions therein read out in appropriate detail.
15.3 The Bidders' names, the Bid prices, the total amount of each Bid and of any alternative Bid (if alternatives have been requested or permitted), any discounts, Bid modifications and withdrawals, the presence or absence of Bid security, and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening. No bid shall be rejected at bid opening except for the late bids. Late and withdrawn bids will be returned un-opened to bidders.
15.4 The Employer shall prepare minutes of the Bid opening, including the information disclosed to those present.
16. Process to Be Confidential
16.1 Information relating to the examination, clarification, evaluation, and comparison of Bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the
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award to the successful Bidder has been announced. Any effort by a Bidder to influence the Employer's processing of Bids or award decisions may result in the rejection of his Bid.
17. Clarification of Bids
17.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of the unit rates. The request for clarification and the response shall be in writing or by cable, 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 Employer in the evaluation of the Bids.
17.2 No Bidder shall contact the Employer on any matter relating to its bid from the time of the bid opening to the time the contract is awarded. If the Bidder wishes to bring additional information to the notice of the Employer, he/ she should do so only in writing.
17.3 Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid comparison or contract award decisions may result in the rejection of the Bidders’ bid.
18. Examination of Bids and Determination of Responsiveness
18.1 Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid (a) meets the eligibility criteria defined; (b) has been properly signed at all pages of the Bid document; (c) is accompanied by the required securities and; (d) is substantially responsive to the requirements of the Bidding documents.
18.2 A substantially responsive Bid is one which conforms to all the terms, conditions, and specifications of the Bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with the Bidding documents, the Employer's rights or the Bidder's obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids.
18.3 If a Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the non-conforming deviation or reservation.
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19. Correction of Errors
19.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:
(a) where there is a discrepancy between the rates in figures and in words, the rate in words will govern; and
(b) where there is a discrepancy between the unit and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern.
19.2The amount stated in the Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the Bidder, 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.
20. Evaluation and Comparison of Bids
20.1 The Employer will evaluate and compare only the Bids determined to be substantially responsive.
20.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by adjusting the Bid Price as follows:
(a) making any correction for errors or
(b) making an appropriate adjustments for any other acceptable variations, deviations; and
(c) making appropriate adjustments to reflect discounts or other price modifications offered.
20.3 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations and alternative offers and other factors which are in excess of the requirements of the Bidding documents or otherwise result in unsolicited benefits for the Employer shall not be taken into account in Bid evaluation.
E. Award of Contract
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21. Award Criteria
21.1 The Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the Bidding documents i.e., who qualifies in Technical Bid and who has offered the lowest evaluated Bid Price, provided that such Bidder has been determined to be (a) eligible, and (b) qualified.
22. Employer's Right to Accept any Bid and to Reject any or all Bids
22.1 The Employer reserves the right to accept or reject any Bid, to cancel the Bidding process and reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Employer's action.
23. Notification of Award and Signing of Agreement
23.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the Bid validity period by E-mail confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the Employer will pay to the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the "Contract Price").
23.2 The notification of award will constitute the formation of the Contract, subject to the furnishing of a performance security.
23.3 The Agreement will incorporate all terms and conditions between the Employer and the successful Bidder. It will be signed by the Employer and kept ready for signature of the successful bidder in the office of employer 3 days following the notification of award along with the Letter of Acceptance. Within 4 days of its receipt, the successful Bidder will sign the Agreement and deliver it to the Employer.
23.4 Upon the furnishing by the successful Bidder of the Performance Security, the Employer will promptly notify the other Bidders that their Bids have been unsuccessful.
24. Performance Security
24.1 Within 4 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver to the Employer a Performance Security in any of the forms given below for an amount
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equivalent to 5% of the Contract value which shall be in the form of “An irrevocable bank guarantee as prescribed by employer “
24.2 If the performance security is provided by the successful Bidder in the form of a Bank Guarantee, it shall be issued by a Nationalized/Scheduled Bank in India / State Bank of India.
24.3 Failure of the successful bidder to comply with the requirements shall constitute a breach of contract, cause for annulment of the award, forfeiture of the bid security, and any such other action/ remedy the Employer may take under the contract, and the Employer may resort to awarding the contract to the next ranked bidder.
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CONDITIONS OF CONTRACT
Conditions of Contract
A. General
1. Definitions
1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of Contract, but keep their defined meanings. Capital initials are used to identify defined terms.Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.The Completion Date is the date of completion of the Works in all respects as certified by the Engineer. The Contract is the contract between the Employer and the Contractor to execute, modify complete and maintain the Works. The Contract Data defines the documents and other information which comprise the Contract.
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The Contractor is a person or corporate body whose Bid to carry out the Works has been accepted by the Employer.The Contractor's Bid is the completed Bidding document submitted by the Contractor to the Employer.The Contract Price/ Value is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract.Days are calendar days; months are calendar months.A Defect is any part of the Works not completed in accordance with terms and conditions of the Contract.The Defect Liability Period is the period named in the Contract Data and calculated from the Completion Date.The Employer is the party who will employ the Contractor to carry out the Works.Specification means the Specification of the Works included in the Contract and any modifications or additions made or approved by the Engineer.The Start Date is given in the Contract Data. It is the date when the Contractor shall commence execution of the works. It does not necessarily coincide with any of the Site Possession Dates.A Variation is an instruction given by the Engineer which varies the Works.The Works are what the Contract requires the Contractor to construct, modify, install and turn over to the Employer, as defined in the Contract Data.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Employer will provide instructions clarifying queries about the Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data, references in the Conditions of Contract to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works.
3. Language and Law
3.1 The language of the Contract and the law governing the Contract are stated in the Contract Data.
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4. Employer’s Decisions
4.1 Except where otherwise specifically stated, the Employer will decide all contractual matters.
5. Delegation
5.1 The Employer may delegate any of his duties and responsibilities to other authorised persons.
6. Communications
6.1 Communications between parties which are referred to in the conditions are effective only when in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act) to the party concerned.
7. Queries about the Contract Data
7.1 The Employer will clarify queries on the Contract Data.
8. The Works to Be Completed by the Intended Completion Date
The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the program submitted by the Contractor, as updated with the approval of the Employer, and complete them in all respects by the Intended Completion Date.
9. Safety
The Contractor shall be fully responsible for the safety of all activities carried out/men and women etc, on the Work Site.
10. Possession of the Site
The Employer shall give possession of all parts of the Work Site to the Contractor. If possession of a part is not given by the date stated in the Contract
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Data, the Employer is deemed to have delayed the start of the relevant activities and this will be Compensation Event.
11. Access to the Site
The Contractor shall allow the Employer and any other person authorized by the Employer to have access to the work Site, to any place where work in connection with the Contract is being carried out or is intended to be carried out and to any place where materials or plant are being manufactured / fabricated / stored assembled for the works.
12. Instructions
12.1 The Contractor shall carry out all instructions of the Employer which comply with the applicable laws where the Site is located.
12.2 The Contractor shall permit the bank to inspect the Contractor’s accounts and records relating to the performance of the Contractor and to have them audited by auditors appointed by the Bank, if so required by the Bank.
B. Time Control
13. Program
13.1 Within the time frame stated in the Contract Data, the Contractor shall promptly submit to the Employer for approval a Program showing the general methods, arrangements, order and timing for all the activities in the Works along with monthly cash flow forecast.
13.2 An update of the Program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining works including any changes to the sequence of the activities.
13.3 The Contractor shall submit to the Employer, for approval, an updated Program at intervals.
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13.4 The Employer’s approval of the Program shall not alter the Contractor's obligations. The Contractor may revise the Program and submit it to the Employer again at any time. A revised Program is to show the effect of Variations and Compensation Events.
14. Extension of the Intended Completion Date
14.1 The Employer shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work and which would cause the Contractor to incur additional cost.
14.2 The Employer shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Employer for a decision upon the effect of a Compensation Event or Variation and submitting necessary request in writing with full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.
15. Delays Ordered by the Employer
15.1 The Employer may instruct the Contractor to delay the start or progress of any activity within the Works.
C. Quality Control
16. Identifying Defects
16.1 The Employer or his authorized person shall check the Contractor's work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor's responsibilities. The Employer may instruct the Contractor to search for a Defect and to uncover and test any work that the Employer considers may have a Defect.
16.2 The contractor shall permit the Employer’s Technical Auditor / Consultant to check the contractor’s work and notify the Employer and Contractor of any defects that are found. Such a check shall not affect the Contractor’s or the Employer’s responsibility as defined in the Contract Agreement.
17. Tests
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If the Employer instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples.
18. Correction of Defects
18.1 The Employer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall stand extended as long as the Defects remain to be corrected.
18.2 Every time notice of a Defect is given by the employer, the Contractor shall correct the notified Defect within the length of time specified in the Employer’s notice.
19. Uncorrected Defects
19.1 If the Contractor has not corrected a Defect within the time specified in the Employer notice, the Engineer will assess the cost of having the Defect corrected, and the Contractor will pay this assessed amount.
D. Cost Control
20. Bill of Quantities
20.1 The Bill of Quantities shall contain items for the construction, modification, installation, testing and commissioning work to be done by the contractor.
20.2 The Bill of Quantities is used to calculate the Contract Price / Value. The Contractor will be paid for the quantity of the work done at the rate specified in the Bill of Quantities for each item.
21. Changes in the Quantities
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21.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities for the particular item of work by more than 25 percent, provided the change exceeds 15% of Initial Contract Price/ Value, the Employer shall adjust the rate to allow for the change.
21.2 The Employer shall not adjust rates from changes in quantities if thereby the Initial Contract Price/ Value is exceeded by more than 15 percent, except with the Prior approval of the Employer.
21.3 If requested by the Employer, the Contractor shall promptly provide the Employer with a detailed cost breakdown of any rate in the Bill of Quantities.
21.4 During execution, the Employer may request the contractor not to execute some of the items mentioned in the Bill of Quantities if these items are found to be not necessary.
22. Payments for Variations
22.1 The Contractor shall provide the Employer with a quotation (with breakdown of unit rates) for carrying out the Variation when requested to do so by the Engineer. The Employer shall assess the quotation in consultation with the Architect, which shall be given within seven days of the request or within the period stated by the Employer and before the Variation is ordered.
22.2 In the work in the variation corresponds with any item of description in the Bill of Quantities and if, in the opinion of the Employer, the quantity of work above the limit stated or the timing of its execution do not cause the cost per unit of quantity to change, the rate in the bill of Quantities shall be used to calculate the value of the Variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the Variation does not correspond with the items in the Bill of Quantities, the quotation by the Contractor shall be in form of new rates for the relevant items of work.The rates for variation will be worked out based on Delhi Schedule of Rates if rates for similar work is available and if not available the cost of materials will be arrived based on the proforma invoice and market rate of labour will be added to arrive at the rates. 15% overheads and profits will be added over the rates arrived.
22.3 If the Contractor's quotation is unreasonable, the Employer may order the Variation and make a change to the Contract Price which shall be based on Employer’s own forecast of the effects of the Variation on the Contractor's costs.
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22.4 If the Employer decides that the urgency of varying the work would prevent a quotation being given and considered without delaying the work, no quotation shall be given and the Variation shall be treated as a Compensation Event.
22.5 The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning to the employer.
23. Payment Certificates
23.1 The Contractor shall submit to the Employer and the Architect employed by the Employer for this work on every fortnight , statements of the estimated value of the work completed less the cumulative amount certified previously along with details of measurement of the quantity of works executed in a tabulated form as approved by the Employer.
23.2 The Architect will check the details given in the Contractor's statement and certify the amounts to be paid to the Contractor after taking into account any credit or debit in respect of materials etc. for the works in the relevant amounts within a period of 3 days. .
23.3 The value of work executed shall be determined by the Employer after due check measurement of the quantities by the Architect .
23.4 The value of work executed shall comprise the value of the quantities /specifications of the items in the Bill of Quantities completed.
23.5 The value of work executed shall include the valuation of Variations and Compensation Events.
23.6 The Employer can exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in the light of later information.
23.7 50% of the cost of materials supplied at site will be paid on Invoice amount on receipt of physical supply of materials at site of work and on production of original invoice of the materials. This amount will be adjusted in the bills as and when these materials are used on works. The entire amount on supply of
25
materials will be deducted from the pre final bills whether the materials are used on works or not.
24. Tax
24.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and other taxes except service tax that the Contractor will have to pay for the performance of this Contract. The Employer will perform such duties in regard to the deduction of such taxes at source as per applicable law.
25. Currencies
25.1 All payments shall be made in Indian Rupees.
26. Retention
26.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the Contract Data until Completion of the whole of the Works in all respects.
26.2 On Completion of the whole of the Works, in all respects, half the total amount retained is repaid to the Contractor and the other half when the Defects Liability Period has passed and the NBA Technical Consultant/Engineer has certified that all Defects notified by the NBA Technical Consultant /Engineer to the Contractor before the end of this period have been corrected.
27. Liquidated Damages
27.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract Data for each day that the Completion Date is later than the Intended Completion Date (for the whole of the works or the milestone as stated in the contract data). The total amount of liquidated damages shall not exceed the amount defined in the Contract Data. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages does not affect the Contractor's liabilities.
27.2 If the Intended Completion Date is extended after the liquidated damages have been paid, the Employer shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. The Contractor shall
26
be paid interest on the over payment calculated from the date of payment to the date of repayment at the rates specified.
28. Securities
28.1 The Performance Security shall be provided to the Employer not later than the date specified in the Letter of Acceptance and shall be issued in an amount and form and by a bank or surety acceptable to the Employer, and denominated in Indian Rupees. The Performance Security shall be valid for 28 days from the date of expiry of Defects Liability Period.
29. Cost of Repairs
29.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if the loss or damage arises from the Contractor's acts or omissions.
E. Finishing the Contract
30. Completion
30.1 The Contractor shall request the Employer to issue a Certificate of Completion of the Works and the Employer will do so upon deciding that the Work is completed in all respects.
31. Taking Over
31.1 The Employer shall take over the Site and the Works after due check/verification within seven days of the Employer issuing a certificate of Completion.
32. Final Account
32.1 The Contractor shall supply to the Employer a detailed account of the total amount that the Contractor considers payable under the Contract on successful completion of work duly certified by the Architect/Technical Consultant. The Employer will certify the final payment that is due to the Contractor within 30 days of receiving the Contractor's account if it is correct and complete. If it is not, the Employer shall issue within 30 days a schedule that states the scope of the
27
corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Employer shall decide on the amount payable to the Contractor and issue a payment certificate.
33. Termination
33.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.
33.2 Fundamental breaches of Contract include, but shall not be limited to the following:
(a) the Contractor stops work for 7 days when no stoppage of work is shown on the current program and the stoppage has not been authorized by the Employer;
(b) the Employer instructs the Contractor to delay the progress of the Works and the instruction is not withdrawn within 7 days;
(c) the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation;
(d) the Contractor does not maintain a security which is required;(e) the Contractor has delayed the completion of works by the number of days
for which the maximum amount of liquidated damages can be paid as defined in the Contract data; and
(f) if the Contractor, in the judgment of the Purchaser / Employer has engaged in fraud and corruption..
33.3 Notwithstanding the above, the Employer may terminate the Contract at any time for convenience.
33.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure and leave the Site as soon as reasonably possible.
34. Payment upon Termination
34.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Technical Consultant of the Employer shall issue a certificate for
the value of the work done less advance payments received up to the date of the
issue of the certificate, less other recoveries due in terms of the contract, less
taxes due to be deducted at source as per applicable law and less the
28
percentage to apply to the work not completed as indicated in the Contract Data.
Additional Liquidated Damages shall not apply. If the total amount due to the
Employer exceeds any payment due to the Contractor the difference shall be a
debt payable to the Employer and the contractor shall pay the same to the
employer within 15 days. In case of non-payment, the employer shall encash the
performance security to the extent of debt.
34.2 If the Contract is terminated at the Employer's convenience or because of a
fundamental breach of Contract by the Employer, the Technical Consultant of
Employer shall issue a certificate for the value of the work done, the reasonable
cost of removal of Equipment, repatriation of the Contractor's personnel
employed solely on the Works, and the Contractor's costs of protecting and
securing the Works and less advance payments received up to the date of the
certificate, less other recoveries due in terms of the contract and less taxes due
to be deducted at source as per applicable law.
29
CONTRACT DATA
Contract Data
The Employer is
Name: National Biodiversity AuthorityAddress: 5th Floor, TICEL Bio Park, CSIR Road, Taramani, Chennai 600 113
Name of Authorized Representative: Secretary, National Bio diversity Authority, Chennai.
The Work Start Date shall be three days after the issue of Letter of Award of the bid.
The Intended Completion Date for the whole of the Works in all respects is 75 days -:
30
Milestone dates:
Physical works to be completed Period from the date of issue of notice to (including electrical & other works) proceed with the work Milestone 1: i.e. Phase I (Chairman / Secretary Project-1 Cabins) : 30 Days
Including waiting room, records room, CEBPOL, ABS Project) Milestone 2: i.e. Phase II (Projects II cabin, Library Conference hall) : 45Days
after completion of Milestone IThe Contractor shall submit a revised Program within 5 days of delivery of the Letter of Acceptance.
The Site Possession Dates shall be three days after the issue of Letter of Award of the bid.
The Site is located at 5th Floor of TICEL Bio Park Building, CSIR Road, Taramani, Chennai - 600 113.
The Defects Liability Period is 180 days from the date of certification of completion of works.
The language of the Contract documents is English.
The law which applies to the Contract is the laws of Union of India. The currency of the Contract is Indian Rupees. Performance Security is 5 per cent of contract price/ value.
The standard form of Performance Security acceptable to the Employer shall be an unconditional Bank Guarantee obtained from the Nationalized / Scheduled Bank.
Liquidated damages: Every day delay beyond the schedule of completion shall attract a
penalty @ 1% of contract value per week calculated on a per day basis subject to a
maximum of 10% of the contract value.
.
31
32
National Biodiversity Authority
Chennai – 600 113
TENDER DOCUMENT
ADDITIONAL DETAILS FOR TECHNICAL BID
Tender for Providing “Interior/ Connected Works” for the development of Additional Office Space for
National Biodiversity Authority in
5th Floor, TICEL Bio Park, CSIR Road, Taramani, Chennai
Government of India
National Biodiversity Authority
5th Floor, TICEL Bio Park, CSIR Road,
Taramani, Chennai – 600 113
Phone nos: 2254 2777, 2254 1075
Website: www.nbaindia.org
33
NATIONAL BIODIVERSITY AUTHORITY
CHENNAI - 600 113
ADDI T IO N AL CONDITIONS OF CON T RACT
1. The contractors are required to examine carefully all the drawings, the
conditions of contract and specifications before pricing the Bill of quantities.
2. Every contractor is expected before quoting his rates to necessarily inspect the site of
the proposed work to ascertain the availability of space for storing materials, water,
and other facilities. The rates quoted shall be firm till the completion of the entire
work in all respects.
3. The rates quoted by the contractor in the Bill Quantities shall include for setting out
the works, for supplying all materials including transportation charges, sales tax and
all central and state taxes, Octroi etc. It shall also include all labour and equipment
necessary for completing the work in time, in the best workmanlike manner, for
maintaining the same all in accordance with the provisions of the specifications and
conditions of contract, for the erection and removal on completion of the work, all
unnecessary rubbish, scaffolding, sheds, water tanks clerk of works office with
fittings etc., for all the fencing required to enclose the site to prevent work people
trespassing boards, mats, clothes, etc. to exclude dirt and dust, for carting away
all debris and rubbish, by removing all paint stains, cleaning floors, windows, doors,
etc., for leaving the premises in a clean and satisfactory state on completion.
4. While the works are in progress and until the employer takes over the same, the
works and all materials or plants used or to be used for the works remain at the
contractors risk and the contractor shall not be entitled to any compensation for
injury to or loss or destruction of such works or materials arising from any cause
whatsoever.
34
5. The quantities set out in the bill of quantities are approximated and indicative only
and all the work will be paid for on actual measurement taken during the progress of
work and paid for at the accepted rates.
6. All the works shall be measured net as finished and the rates quoted by the
agencies shall include for all wastage, breakages, cutting etc. The rates quoted
shall be firm till the completion of the entire work in all respects and no variation in
rates shall be entertained.
7. Retention @ 5% of the value of the work done shall be withheld from the bills of the
agency which will be released after defect liability period of 180 days or two months
from the date of the rectification of last defect, whichever happens later. The
retention amount shall not carry any interest. Bank guarantee for retention shall not
be accepted.
8. NATIONAL BIODIVERSITY AUTHORITY shall provide power at one source at the
site. However, the contractor shall have to make his own arrangements for water, if
required.
9. Time is the essence of the contract. NATIONAL BIODIVERSITY AUTHORITY,
reserves the right to terminate the contract, if the work falls behind schedule by
one week at any time. All the works shall be completed within 75 days from the
date of the work order or from the date of handing over the site to the contractor,
whichever is later. The contractor is to submit alongside the quotation, a program chart for the completion of the works in the specified time frame and strictly adhere to it.
10. Liquidated damages: Every day delay beyond the schedule of completion shall
attract a penalty @ 1% of contract value per week calculated on a per day basis
subject to a maximum of 10% of the contract value.
11. The contractor shall take adequate cover under the Workmen Compensation Ac t
and also take insurance cover against third party injury, fire, riot, civil commotion
35
etc. Copy of the policy (All risk policy) and cover under Workmen Compensation Act)
should be submitted to NATIONAL BIODIVERSITY AUTHORITY.
12. Payment terms shall be as per Clause 23 of the conditions of contract.
13. The contractors are to note that the premises of the existing offices should not be
disturbed in any way during the execution of the work.
14. Only the fire staircase will be allowed for movement of labor and materials.
Contractor shall take steps to clean any debris / dust caused by material movement.
15. Being a running office the contractor shall also ensure that the place of work is kept
clean, always by removing debris and rubbish out of the site in a daily basis.
16. NATIONAL BIODIVERSITY AUTHORITY shall provide space at any one convenient
location for the storage of materials.
17. However the security / protection of the materials / scaffolding etc. is to be part
of the contractors responsibilities. NATIONAL BIODIVERSITY AUTHORITY shall
not be liable for any loss, theft, fire or damage etc.
18. Work at the site is to be carried out in co-ordination with the occupants of the
premises and the timing shall be arrived at in mutual consultation with the occupants
concerned.
19. The contractor shall not assign the contract. He shall not sublet any portion of the
contract except with the written consent of NATIONAL BIODIVERSITY AUTHORITY.
20. The contractor shall carry out the work strictly in accordance with the
specifications, drawings, details and instructions of NATIONAL BIODIVERSITY
AUTHORITY, and also in compliance of the requirements of the local municipal
corporation or any other local public authorities. A schedule of probable quantities
in respect of each item of work and specification is accompanying this tender. The
schedule of probable quantities is liable for alteration by omissions, deductions or 36
additions at the discretion of the work. The contractor should note that unless
otherwise stated the tender is strictly on item rate basis and his attention is drawn to
the fact that rates for each and every item should be correct, workable and self-
supporting. The quantities in schedule of quantities approximately indicate the total
extent of work but may vary to any extent of the contract. No claim shall be
entertained on this account.
21. Program of work: The contractor on start of work shall furnish to NATIONAL
BIODIVERSITY AUTHORITY, the program for carrying out the work stage by stage
within the stipulated time. The bar chart / Pert chart of program shall be prepared
by the contractor and approval obtained from NATIONAL BIODIVERSITY
AUTHORITY, before commencement for work. The time schedule shall be adhered
to faithfully and when deviation takes place, the contractor shall take remedial action to
compensate for the delays in completion of work.
22. The contractor shall not be entitled to any compensation for any loss suffered by him
on account of delays in commencing or executing the work; whatever may be the
cause of delays including delays arising out of modifications to the work entrusted
to him or in any sub-contract connected therewith or delays in awarding contracts
for other trades, or any other reason whatsoever and NATIONAL BIODIVERSITY
AUTHORITY, shall not be liable for any claim in respect thereof. NATIONAL
BIODIVERSITY AUTHORITY does not accept liability for any sum besides the tender
amount, subject to such variations as provided for herein.
23. The contractor shall be responsible for all injury to persons, animals or things and for
all structural and any other damage to property which may arise from the operation or
neglect of any person / employee of either the contractor or sub contractor whether
such injury or damage arises from carelessness, accident or any other cause
whatsoever, or anything else connected with the carrying out of this contract. The
contractor shall indemnify NATIONAL BIODIVERSITY AUTHORITY, against all
claims, which may be made against NATIONAL BIODIVERSITY AUTHORITY, by any
member of the public or other third party in respect of anything, which may arise in 37
respect of the work or its consequence thereof. The contractor is advised in his own interest to arrange effect and maintain, until the virtual completion of the contract
with an approved office / company, a policy of insurance in the joint names of
NATIONAL BIODIVERSITY AUTHORITY, and of contractor against the above risks
and deposit such policy or policies with NATIONAL BIODIVERSITY AUTHORITY,
from time to time during the currency of this contract. The insurance policy if
considered necessary shall also cover risk against all claims that may be made upon
NATIONAL BIODIVERSITY AUTHORITY, under the WORKMEN COMPENSATION
ACT or any other status in force during the currency of this contract. The contractor
shall, indemnify NATIONAL BIODIVERSITY AUTHORITY, against loss or damage
to works by fire until the virtual completion of the works and if called upon to do so
insure the works at his cost and keep them insured until the virtual completion of
the works, against such loss or damage by fire with an office / company approved by
NATIONAL BIODIVERSITY AUTHORITY, in the joint names of
NATIONAL BIODIVERSITY AUTHORITY, and the contract and for any further
sum if called upon to do so by NATIONAL BIODIVERSITY AUTHORITY. The
premium of such further sum shall be allowed to the contractor as authorized
extra. Such policy shall cover the property of the contractor and employer. The
contractor shall deposit the policy and receipts for the premiums with
NATIONAL BIODIVERSITY AUTHORITY, unless otherwise instructed by NATIONAL
BIODIVERSITY AUTHORITY.
24. The contractor shall comply with the provisions of all labour legislation including the
requirements of
a. Payments of Wages Act.
b. Employer `s Liability Act.
c. Workmen Compensation Act.
d. Contract labour (Regulation & Abolition) Act and Central Rules 1971.
e. Apprentices Act 1961.
f. Any other Act or enactment relating thereto and rules framed there under from time
to time.
The contractor shall keep NATIONAL BIODIVERSITY AUTHORITY, saved harmless 38
and indemnified against claims of any of the workmen and all costs and expenses
as may be incurred by NATIONAL BIODIVERSITY AUTHORITY, in connection with
any claim that may be made by any workmen. The contractor shall provide
facilities for drinking water, first-aid etc. at all times for the use of the work.
25. The successful tenderer is bound to carry out all items of work necessary for the
completion of the job in all respects even though such items are not included in the
quantities and rates.
26. The successful tenderer should make own arrangement to obtain all materials
required for the work. Samples of all fittings and fixtures or materials quoted for and
illustrations with descriptive literature on the same shall accompany the tender. The
samples and the literature so submitted by the successful tenderer shall be retained
by NATIONAL BIODIVERSITY AUTHORITY.
27. The contractor shall arrange for inspection of sample of each item of work by
NATIONAL BIODIVERSITY AUTHORITY, before proceeding with the fabrication of
the other units. The various items shall be got approved in 2 stages i.e.
a. After the item is assembled and made ready for installation, but before lamination
and or applying primer / Polish and
b. After completion including finishing.
Any defects observed during the above inspection will make the item liable for
rejection and replacement. In addition, NATIONAL BIODIVERSITY AUTHORITY will
have the right to inspect the items during any stage of fabrication and the contractor
shall extend every facility to the representative of NATIONAL BIODIVERSITY
AUTHORITY, for proper inspection.
It may clearly be noted that inspection and approval of the items of work by NBA at
any stage shall not exonerate the contractor of his responsibilities in respect of quality
of work, workmanship and quality of materials.
28. The drawings, conditions, specifications and schedule of quantities forming the
contract document are explanatory of and are complementary to one another, 39
representing together the work / installation to be carried out. In case of doubt, the
matter shall be discussed with the Employer and necessary clarifications obtained. If
neither the drawings nor the specifications not the schedule of quantities include any
provision specifically, but if such provisions are considered part and parcel of the
finished item of work the contractor shall provide the same without any extra cost to
NATIONAL BIODIVERSITY AUTHORITY. Anything contained in any one viz. I) The
drawings ii) Specifications and iii) Schedule of quantities, but not specifically
appearing in the other parts of the contract document and the work shall be executed
accordingly.
29. Extra items: Rates for all extra items carried out under the instructions of NATIONAL
BIODIVERSITY AUTHORITY, shall be arrived at with the rates as available or on rate
analysis basis in the form approved by NATIONAL BIODIVERSITY AUTHORITY,
whose decision in this regard will be final and binding on the contractor.
30. Variation: The price of all such additional items will be worked out as laid down in the
conditions of contract.
31. Defects liability period (180 days) – any defect or fault which may appear within the
“Defects Liability Period” of 180 days after the virtual completion of the works
arising in the opinion of NATIONAL BIODIVERSITY AUTHORITY, from materials or
workmanship not in accordance with the contract, shall upon the directions in writing
of NATIONAL BIODIVERSITY AUTHORITY, and such reasonable time as shall be
specified therein, be amended and made good by the contractor, at his own cost and
in case of default NATIONAL BIODIVERSITY AUTHORITY may employ and pay
other persons to amend and make good such defects, or faults, and all damages, loss
and expenses incurred consequent thereon or incidental thereto and the same shall
be recovered from the contractor by NATIONAL BIODIVERSITY AUTHORITY or may
be deducted by NATIONAL BIODIVERSITY AUTHORITY, upon Employers certificate
in writing, from any money due or that may become due to the contractor, or
NATIONAL BIODIVERSITY AUTHORITY may in lieu of such amending and making
good by the contractor deduct from any money due to the contractor a sum to be
40
determined by NATIONAL BIODIVERSITY AUTHORITY, as equivalent to the cost of
amending such work and in the event of the amount retained being insufficient,
recover the balance from the contractor together with any expenses NATIONAL
BIODIVERSITY AUTHORITY, may have incurred in connection therewith. Should any
defective work have been done or material supplied by any sub-contractor employed
on the works who have been nominated or approved by NATIONAL BIODIVERSITY
AUTHORITY, the contractor shall be liable to make good in the same manner as if
such work or material had been done or supplied by the contractor. The contractor
shall remain liable under the provisions of this clause notwithstanding the signing of
any certificate or the passing of any accounts, by NATIONAL BIODIVERSITY
AUTHORITY.
32. The work shall not be considered as completed until NATIONAL BIODIVERSITY
AUTHORITY’s, engineer has certified in writing that they have been virtually
completed. The defect liability period shall commence from the date of such
certificate.
33. Escalation: The rate quoted shall be firm throughout the tenure of the contract (including
extension of time, if any, granted) and will not be subject to any fluctuation due to
increase in cost of materials, labour, sales tax. octroi etc.
34. Arbitration:All dispute or differences of any kind whatsoever which shall at any time arise between
the parties hereto touching or concerning the works or the execution or maintenance
thereof of this contract or the rights construction remaining operation or effect thereof
or to the rights of liabilities of the parties or arising out of or in relation thereto whether
during or after determination, force closure or branch of the contract (other than those
in respect of which the decision of any person is by the contract expressed to be final
and binding) shall after written notice by either party to the contract to the other of
them and to the employer hereinafter mentioned be referred for adjudication to sole
Arbitrator to be appointed as hereinafter provided.
41
For the purpose of appointing the sole Arbitrator referred to above, the employer will
send within thirty days of receipt of the notice, to the contractor a panel of three names
of persons who shall be presently unconnected with the organisation for which the
work is executed.
The contractor shall on receipt of the names as aforesaid, select any one of the
persons named to be appointed as a sole arbitrator and communicate his name to the
employer within thirty days of receipt of the names. The employer shall thereupon
without any delay appoint the said person as the sole arbitrator. If the contractor fails
to communicate such selection as provided above within the period specified, the
Competent Authority shall make the selection and appoint the selected person as the
sole arbitrator.
If the employer fails to send to the contractor the panel of three names as aforesaid
within the period specified, the contractor shall send to the employer a panel of three
names of persons who shall be unconnected with either party. The employer shall on
receipt of the names as aforesaid select any one person and appoint him as the sole
arbitrator. If the employer fails to select the person and appoint him as the sole
arbitrator within 30 days of receipt of the panel and inform the contractor accordingly,
the contractor shall be entitled to appoint one of the persons from the panel as the
sole arbitrator accordingly, the contractor shall be entitled to appoint one of the
persons from the panel as the sole arbitrator and communicate his name to the
employer.
If the arbitrator so appointed is unable or unwilling to act or resigns his appointment
or vacates his office due to any reason whatsoever another sole arbitrator shall be
appointed as aforesaid.
The work under the contract shall, however, continue during the arbitration
proceedings and no payment due or payable to the contractor shall be withheld on
account of such proceedings. The arbitrator may from time to time, with the consent of
the parties, enlarge the time for making publishing the award.
The arbitrator shall give a separate award in respect of each dispute or difference
referred to him. The arbitrator shall decide each dispute in accordance with the terms
of the contract and give reasoned award. The venue of arbitration shall be such place
as may be fixed by the arbitrator is his sole discretion.42
The fees, if any, of the arbitrator shall, if required to be paid before the award is made
and published, be paid half and half by each of the parties. The costs of the reference
and of the award including the fees, if any, of the arbitrator who any part thereof shall
be paid and may fix or settle and amount of costs to be so paid.
The award of the aforesaid, the provisions of the Arbitrator Act 1940 or any statutory
modification or re- enactment thereof and the rules made thereunder, and for the
time being in force, shall apply to the arbitration proceeding under this clause.
The employer and the contractor hereby also agree that arbitration under shall be
condition precedent to any right to action under the contract with regard to the matters
hereby expressly agreed to be so referred to arbitration.
35. Safety Code:1. There shall be maintained in a readily accessible place first aid appliances
including adequate supply of sterilised dressings and cotton wool.
2. An injured person shall be taken to a public hospital without loss of time, in
cases where the injure necessitates hospitalisation.
3. Suitable and strong scaffolds should be provided for workmen for all works that
cannot safely be done from ground.
4. No portable single ladder shall be over 8 meters in length. The width between the
side rails shall not be less than 30cm. (clear) and the distance between two
adjacent rungs shall not be more than 30cm. When a ladder is used an extra
mazdoor shall be engaged for holding the ladder.
5. No floor, roof or other part of the structure shall be so overloaded with debris or
material as to render it unsafe.
6. Workers employed on mixing and handling material are not so overloaded with
debris or materials as to render it unsafe.
7. Those engaged in welding works shall be provided with welder‘s protective eye
shields, hand gloves etc.
8. (i) No paint containing lead or lead products shall be used except in the form of paste
or readymade paint.
(ii) Suitable facemasks should be supplied for use by the workers when the paint is
applied in the form of spray or surface having lead paint dry rubbed and scrapped.43
9. Overalls shall be supplied by the contractor to the painters and adequate facilities
shall be provided to enable the working painters to wash during the period of
cessation of work.
10. Hoisting machines and tackle used in the works, including their attachments,
anchorage and supports shall be in perfect working condition always.
11. The ropes used in hoisting or lowering material or as a means of suspension shall be
of durable quality with adequate strength and free from defects.
I / we hereby declare that I / we have read and understood the above instructions for guidance/ adherance and the same will remain binding upon me /us in case the work is entrusted to me / us.
Date:
Place: Signature of the Contractor
44
GEN E RA L CONDI T I O N S
The scope of work covers execution, modification and completion of the work consisting
of internal partitions, furnishing, false ceiling and minor builders works etc. in accordance
with the drawings and specifications prepared for NATIONAL BIODIVERSITY
AUTHORITY, at 5th floor, TICEL Bio Park, CSIR Road, Taramani – Chennai and under the
direction and to the satisfaction of NATIONAL BIODIVERSITY AUTHORITY.
Mater i a l s
1. Materials used shall be of the best-approved quality obtained and they shall comply
with the respective Indian Standard specification.
2. Sample of all materials proposed to be used shall be got approved before placing
order and the approved sample shall be deposited with NATIONAL BIODIVERSITY
AUTHORITY, duly labelled, packed and sealed.
3. In case of non-availability of materials in metric sizes, the nearest size in FPS units
shall be provided with the prior approval of NATIONAL BIODIVERSITY AUTHORITY,
for which neither extra will be paid nor shall any rebate be recovered.
4. If directed, materials shall be tested in any approved testing laboratory and the test
certificate in original shall be submitted to NATIONAL BIODIVERSITY AUTHORITY, and
the entire charges of testing including charges for repeated tests if ordered shall be borne
by the contractor.
5. It shall be obligatory for the contractor to furnish certificate, if
demanded by NATIONAL BIODIVERSITY AUTHORITY, from the manufacturer or the
material supplier to the effect that the work has been carried out by using their material
and as per their recommendation.
45
6. All materials supplied by NATIONAL BIODIVERSITY AUTHORITY any other
specialised firms shall be properly stored and the contractor shall be responsible for its
safe custody until they are required on the works and till the completion of work.
7. All equipment and facilities for carrying out field test on materials shall be provided
without any extra cost.
T I M B ER
Timber used shall be well seasoned and of the best quality, Indian Teak specified (viz.)
Ballarshah, Malabar, etc.
Timber shall be considered as well seasoned, if its moisture content does not exceed the
following limits.
(i) Timber for frames 14%
(ii) Timber for planking, shutters, etc. 12%
The moisture content of timber shall be determined according to the method described
in paragraph 4 or IS:287 for ‘Maximum permissible moisture content of timber used for
different purposes in different climatic zones’.
In measuring cross sectional dimensions of the pieces tolerances upto 1.0mm shall be
allowed for each planed surface.
SUPERIOR QUALITY ‘INDIAN TEAKWOOD’
Superior quality Indian teakwood means Ballarshah and Malabar teak/Burma Teak. It
shall be of good quality and well seasoned. It shall have uniform colour, reasonably
straight grains and shall be free large, loose, dead knots, cracks, wraps, twists, bends,
borer holes, shakes, sapwood or defects or any kind. No individual hard and sound knot
exceed 1/2% of the area of the piece. It shall be close grained and there shall not be
less than six growth rings per 2.5 cm. width.
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SUPERIOR QUALITY ‘MALAYASIAN SALWOOD’ - ‘WHITE CEDAR WOOD’
‘VENTEAKWOOD’
It shall be of good quality and well seasoned. It shall have uniform colour, reasonably
straight grains and shall be free from large, loose dead knots, cracks, warps, twists,
bends borer holes, shakes, sapwood or defects or any aggregate area of all knots shall
not exceed 1/2% of the area of the piece. It shall be close grained and there shall not
be less than six growth rings per 2.5cm width.
NOVOPAN
‘NOVOPAN - TWIN’ both side laminated particles board of approved shade with all cut
edges provided with teak lippings 5mm thick polished along edges. The
particleboard shall conform to IS 3087 with phenol formaldehyde.
NOVO TEAK
‘NOVO TEAK’ particleboard bonded with phenol formaldehyde resin complies with the
specifications as per IS 3087 and shall have veneering on both sides with teak veneer
faces. All exposed edges should be protected as in the case of ‘NOVO PAN’. The
exposed surface of veneered boards on both the sides shall be polished fully within the
quoted rates.
PLYWOOD
Plywood shall be Kit ply, National or equivalent. It shall be 19mm thick or as specified. It
shall be bonded by boiling water proof phenol formaldehyde synthetic resin and shall
be moisture proof, resistant to dry heat, termite, borer, insects and pests. It shall have
selected hardwood veneers of uniform thickness.
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LAMINATES
Laminates shall be National, Decolam or equivalent, in 1.5mm thickness or as specified. It
should be resistant to abrasion, scuffing and gloss change; there should be surface no
deterioration when exposed to heat.
GLAZING:
Glass used for glazing shall be float glass of best-approved quality free from flaw, specks,
and bubbles and shall be minimum 6mm thick unless otherwise specified in the schedule
of quantities.
PAINTS:
Lime for lime wash, Dry distemper, Oil bound distemper, cement primer, oil paint, enamel
paint, flat oil paint, plastic emulsion paint, anti-corrosive primer, Red lead, waterproof
cement paint shall be from an approved manufacturer and shall conform to the latest
Indian Standards for various paints. Ready mixed paints as received from the
manufacturer without any admixture shall be used except for addition of thinner, if
recommended by the manufacturer.
WOOD WORK:
Timber used shall confirm to specifications described under “Materials”, and shall be
in accordance with NATIONAL BIODIVERSITY AUTHORITY drawing in every detail and
all joiner’s work shall be accurately set out, framed and finished in a proper workmanlike
manner. Frames of partitions and openings, etc., shall be accurately planed smooth and
rebates, rounding and moldings shall be as shown on the drawings. Patching or
plugging of any kind shall not be allowed. Joints shall be simple, neat and strong. Framed
joints shall be coated with suitable adhesive like glue or synthetic resin before the
frames are put together. All mortise and tenon joints shall fit in fully and accurately
without wedging or filling. The joints shall be pinned with hardwood wedging. The joints
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shall be pinned with the hardwood pins of 10mm to 12mm dia., or rust resisting star
shaped metal pins of 8mm dia., after the frames are put together and pressed in position
by means of a press. The frames shall be protected during the progress of work by
providing suitable boxing. All portions of timber abutting against or embedded in
masonry or concrete shall be treated against termites by given a coat of any approved
wood preservative. All T.W. work should be painted with a coat of approved wood primer.
Frames and shutters shall not be painted or erected before being approved by
NATIONAL BIODIVERSITY AUTHORITY.
PANELLED SHUTTERS:
Panel shall be pattern and size as shown on the drawings or as directed by
NATIONAL BIODIVERSITY AUTHORITY. Panels shall be in one piece wherever
possible. Panels shall be fixed in the grooves made in stiles and rails to the full depth of
groove and faces shall be closely fitted to sides of grooves.
FLUSH DOORS:
All flush doors shall be solid core unless otherwise specified. It shall conform to the
relevant specifications of IS. 2202 and shall be obtained from approved manufactures.
The finished thickness of the shutter shall be as mentioned in the item. Face veneers
shall be of the pattern and colour approved by NATIONAL BIODIVERSITY AUTHORITY
and an approved sample shall be deposited with NATIONAL BIODIVERSITY
AUTHORITY, for reference duly labelled, packed and sealed.
The solid core shall be of wood laminate prepared from battens of well-seasoned and
treated good quality wood having straight grains. The battens shall be of uniform size of
about 2.5cm width. These shall be properly glued and machine pressed together with
grains of each piece reversed from that of adjoining one. The longitudinal joints of the
battens shall be staggered and no piece shall be less than 50cm. in length.
Alternatively, the core shall be of solid teak particleboard. Edges of the core shall be lipid
with class teakwood battens of 4cm. (1 1/2”) minimum depth, glued machine pressed 49
along the core.
The core surface shall than have two or three veneers firmly glued on each face. The
first veneer (called cross band) shall be laid with its grains at right angles to those of the
core and the second the third veneer with their grains parallel to these of the core. The
under veneers shall be of good quality, durable and well seasoned first class teak, laid
along with grains of the core battens. The combined thickness of all the veneers on
each face shall not be less than 4mm. Thermo setting synthetic resins conforming, to IS
303 for moisture proof plywood grade M.P.F.I. shall be used in manufacture. In addition,
all doors shall have external lipping all round 6mm. to 10 mm thick.
B U ILD E RS HARDWAR E :
All hardware fittings and fixtures shall be made with structural properties to sustain
safety and withstand strains and stresses to which they are normally subjected to such
as opening and closing to relevant specifications.
They shall be made true clear, straight, with sharply defined profiles and unless
otherwise shown or specified with true smooth surfaces and edges, free from defects.
Screw holes shall be counter sunk to suit the head of wood screws. The metal shall be
treated with finish as specified in the schedule of quantities.
BUTT HINGES:
These shall be of the heavy duty M.S. (14 gauge) of powder coated of size 5” x 1 1/4”
with powder coated screws of Jyothi or equivalent.
M.S hinges shall be manufactured by casting, unless it is specifically mentioned that the
same shall be extruded type in which case these shall be manufactured from extruded
sections. Hinges shall be finished as specified in the respective items. The size of butt
hinges shall be taken as length of the hinge.50
MORTICE LO C K :
These shall be Dorma Make.
DOOR C L O S ER:
These shall be of “Efficient” or “Everite” (grey anodised) conforming to I.S. applicable
and as specified in the schedule of quantities.
ALL OTHER HA R DWARE FITTINGS:
These shall be of approved make conforming to the respective I.S. applicable.
PAINTING - OIL / ENAMEL / PLASTIC/ EMULSION ETC:
Ready mixed oil paint, plastic emulsion paint, ready mixed synthetic enamel paint,
aluminum paint, etc., shall be brought in original containers and in sealed tins. If for any
resin thinner is necessary the brand and quantity of thinner recommended by the
manufacturer or as instructed by NATIONAL BIODIVERSITY AUTHORITY shall be
used. The surface shall be prepared as specified above and cost approved primer shall
be applied.
After 24 hours drying, approved of specified quality paint shall be applied evenly and
smoothly. If required a filler putty coating may be given to give smooth finish. Each coat
shall allowed to dry out thoroughly and then lightly rubbed down with sand paper and
cleaned of dust before, the next coat is applied. Number of coats shall be specified in
the item and if however the finish of the surface is not uniform additional coats as
required shall be applied to get good and uniform finish at no extra cost. After
completion no hair marks from the brush or clogging of paint shall be left in the corners
of panel angles, mouldings, etc. The glass panes, floor etc., shall be cleaned of stains.
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When the final coat is applied, if directed, the surface shall be rolled with a roller or
if directed it shall be stippled with a stippling brush.
POLISHING AND VARNISHING:
FRENCH POLISHING:
French spirit polish shall be an approved make conforming to IS 348. If it has to be
prepared on site, the polish shall be dissolving 0.7 kg of best shellac in 4.5 litres of
methylated spirit without heating. To obtain required shade, pigment may be added
and mixed. Surface shall be cleaned. All unevenness shall be rubbed down smooth
with sand paper and well dusted. Knots of visible shall be with a preparation of red
lead and glue. Resinous or loose knots and gaps filled with seasoned timber pieces
made level with rest of the surface. Holes and indentations on surface shall be filled
with putty made of whiting and linseed oil. Surface shall be given a coat of filler made
of 2.25 kg of whiting in 1.5 litre of methylated spirit. When it dries surface shall again
be rubbed down perfectly smooth with sane paper and wiped clean.
Piece of clean fine cotton cloth and cotton wool made into shape of pad shall be used
to apply polish. The pad shall be moistened with polished and rubbed hard on the
surface applying the polish sparingly but uniformly and completely over the entire
surface. It shall be allowed to dry and another coat applied in the same way. To give
finishing coat, the pad shall be covered with a fresh piece of clean fine cotton cloth,
slightly damped with methylated spirit and rubbed lightly and quickly with a circular
motion, till the finished surface uniform texture and high gloss.
WAX POLISHING:
Wax polish shall either be prepared on site or obtained ready-made from market. Polish
made on the site shall be prepared from a mixture of pure bees wax, linseed oil,
turpentine oil and varnish in the ratio of 2 : 1 1/2 : by weight. The bees wax and the 52
boiled linseed oil shall be heated over a slow fire when the wax is completely dissolved
the mixture shall be cooled till is just warm, and turpentine oil and varnish added to it in
the required proportions and the entire mixture is well stirred. Surface shall be
prepared as described under french spirit except that the final rubbing shall be done
with sand paper which has been slightly moistened with linseed oil. Mixture of polish
shall be applied evenly with a clean cloth pad in such a way that no blank patches are
left and rubbed continuously for half an hour. When the surface is quite dry a second
coat shall be applied in the same manner and rubbed continuously for half an hour or
until the surface is dry. Final coat shall then applied and rubbed for 2 hours or more if
necessary, until the surface has assumed an uniform gloss and it quite dry showing no
sign of stickiness when touched. Gloss of the polish depends on the amount of
rubbing, therefore rubbing must be continuous and uniform pressure and frequent
change in direction.
VARNISHING
Surface shall be prepared as described above. After preparation of surface two coats of
clean boiled linseed oil shall be applied at sufficient interval of time. After the linseed oil
has dried two coats of varnish obtained from approved manufacturer shall be applied at
sufficient interval of time. If the surface fails to produce the required gloss and additional
coat shall be applied without any extra cost.
NOTE:
All timber for joinery shall be of best Indian Teakwood otherwise specified and or
specified quality, carefully selected free from sap and subject to inspection and
approved before delivery. All teakwood to be used in this work shall be seasoned in an
approved manner.
The joiners work shall be framed and put together immediately after signing the contract.
but not be wedged up until required for fixing. The approval of Analog Devices shall be
obtained before any primer coat is applied. The whole of joinery to be finished to the
dimensions and sizes indicated in the drawings are subject to a tolerance to 1.50mm
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of each planed face, but no allowed shall be given to flush doors, shutters, ply and
other manufactured board etc.
All blockboard etc. shall correspond to respective IS specifications Flush door shall
correspond to relevant IS specifications. Sample of all block board, plywood, flush
doors, etc. shall be got approved by NATIONAL BIODIVERSITY AUTHORITY, before
placing order. All such items shall be of standard manufacture of reputed quality.
Rate quoted shall include for all framing, usual waste and cutting and no extra or claims
will be entertained on this account. The contractors shall be responsible to deliver all
items at site of work.
Timber in contact with masonry or concrete shall be with solignum paint or any approved
anti-termite treatment before fixing.
The contractors will make necessary holes in concrete and masonry for fixing in
position and grouting. The contractor will be responsible for the proper fixing of
partitions true to plumb and alignment until completion and grouting pockets with
cement concrete and make good affected portions without claim to any extra.
All doors, partitions etc., shall be finishing in the manner specified in the drawing
specifications and schedule, wherever painting and polishing are specified there are to
be included in to be rates quoted. The contractor shall be required to carry out
additional coat of paint / polish to obtain uniform and good finish at no extra costs,
wherever such additional costs are considered necessary in the opinion of
NATIONAL BIODIVERSITY AUTHORITY. If directed, putty shall be applied over the
entire surface to ensure smooth and neat finish at no extra cost.
The ironmongery fittings shall be of heavy type cast brass oxidised and of approved
manufacture. Samples of all ironmongery items shall be first got approved by
NATIONAL BIODIVERSITY AUTHORITY.
Special Note:
All dismantled. materials shall be cleared from the 5 th floor, conveyed on the same day
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and deposited outside the premises away from the campus. The contractor has to
identify the place for dumping. The materials cannot be stored inside the campus.
The contractor has to stalk the materials in such a way that the stalked materials do not
hinder the carriage way/parking lot in the campus.
PLACE:
DATE: SIGNATURE (S) OF THE CONTRACTOR (S)
55
ANNEXURE-I
Tender for For Providing “Interior / Connected Works”for the development of Additional Office Space for NBA at the 5th Floor of TICEL Bio Park Building
Full Name and address of the applicant in addition to address and other relevant information needed for the complete Address:-
From :-
To
The Secretary,NBA, Chennai
Sir,
1. I / We have read all the particulars regarding the general information and other terms and conditions of the TENDER/contract for providing Interior/connected works for development of additional space in 5th Floor of Ticel Bio Park, and agree to provide the services as detailed in schedule herein or to such portion thereof as you may specify in the acceptance of the TENDER at the rates given in annexure III to this TENDER. I / we shall be bound by a communication acceptance despatched within the prescribed time. 2. I / we have understood the terms and conditions for the contract and shall provide the best services strictly in accordance with these requirements. 3. The following pages have been added to and form a part of this TENDER. The documents to accompany this TENDER are at page Nos. 4. Every page so attached with this TENDER bears my signature and the official seal. 5. The Offer shall remain valid for a period of 90 days from the last date / time of submission of TENDER.
Signature & Seal of Applicant with date
Address
Name & Signature of witness Address 56
Annexure - II
Tender for For Providing “Interior / Connected Works”for the development of Additional Office Space for NBA at the 5th Floor of TICEL Bio Park Building
TECHNICAL BID
(To be submitted on letter head under signatures of the authorised signatory)
1. Name of the Firm & Address
(with telephone/mobile number/fax/e-mail/website)
2. Registration Number of the firm
3. Name and Full Address of their Bankers
4. VAT /Service Tax/Sales Tax Registration no. of the firm (Photocopy of the certificate to be enclosed. If required, the original should be produced to NBA for verification).
5. PAN/TAN Number (Photocopy of the certificate to be enclosed. If required, the original should be produced to NBA for verification). Copy of IT return filed for the last three financial years ie., 2009-10 , 2010-11 & 2011-12 should be furnished.
6. Amount of D.D drawn towards EMD:
(Draft No. and the Bank on which drawn):
57
7. Experience :
i. No. of years of experience as on 1st January 2013:
ii. List and value of works done during the past four years
(2008-09;2009-10;2010-11; 2011-12):
Copy of work orders/award letters and work completion certificates showing the experience of work in the last four years should be provided.
iii. Experience with Central/State Govt. Departments/Ministries/PSU/Autonomous bodies of Government: (Details to be mentioned)(Please furnish photocopies attested by Notary public of work orders and work completion certificates along with sample copies of the works executed)
8. Turnover of last 3 years. ie.2009-10, 2010-11, 2011-12(Certified copies to be attached)
(All the above information must be accompanied with the certified copies of the documents, failing which the TENDER will be liable to be rejected.)
I/We hereby submit that the information submitted hereby are correct & best of my/our knowledge & belief. My/Our agency has not been debarred/blacklisted by any Govt. department/PSUs for providing similar works during the last 3 years. In case of any information/documents found to be false, fake or incorrect, NBA is free to take action against my/our agency as deemed fit by them. I/We,__________________do also hereby declare that I/we are not engaged in any activity, which conflicts directly or indirectly with the proposed assignment. I/we further declare that during the currency of the contract, I/we will not engage in any such conflicting activity.
(Signature of the Authorised person with seal)
Note: A signed copy of the tender documents as acceptance of all terms and conditions of the tender is to be enclosed with the technical proposals.
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