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PART 1/ TECHNICAL BID/BHEL GOINDWAL TENDER NOTICE NO: 05/12‐13 1 ARCHITECT/CONSULTANT ACCEPTING OFFICER (BHEL) Bharat Heavy Electricals Limited Industrial Valves Plant Goindwal – 143422 (Punjab) Department of Civil Engineering TENDER DOCUMENT (TECHNICAL BID) Name of work Providing Architectural consultancy Services for the construction of residential buildings in BHEl Township at Goindwal Tender Notice No. 05/12-13 Time of completion 2 +17 or total 19 months (as per clause 2 of Tender notice) LD penalty Yes, (as per clause 20 of Tender Notice) Tender Document Cost Rs. 1,000/- (in the form of CASH or D.D) EMD Rs. 1, 00,000/- (in the form of D.D. only) IMPORTANT DATES Issue of Tender 18/08/2012 to 13:00 HRs of 10/09/2012 Last date of Receive of tender 14:00 Hrs of 10/09/2012 Date of opening of part 1 /technical bid 15:00 Hrs of 10/09/2012 :
Transcript
Page 1: Bharat Heavy Electricals Limited Industrial Valves Plant Goindwal … · 2012-08-17 · Bharat Heavy Electricals Limited Industrial Valves Plant Goindwal – 143422 (Punjab) Department

PART1/TECHNICALBID/BHELGOINDWALTENDERNOTICENO:05/12‐13

1

ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

Bharat Heavy Electricals Limited

Industrial Valves Plant

Goindwal – 143422 (Punjab)

Department of Civil Engineering

TENDER DOCUMENT (TECHNICAL BID)

Name of work Providing Architectural consultancy Services for the

construction of residential buildings in BHEl Township at

Goindwal

Tender Notice No. 05/12-13

Time of completion 2 +17 or total 19 months

(as per clause 2 of Tender notice)

LD penalty Yes, (as per clause 20 of Tender Notice)

Tender Document

Cost

Rs. 1,000/- (in the form of CASH or D.D)

EMD Rs. 1, 00,000/- (in the form of D.D. only)

IMPORTANT DATES

Issue of Tender 18/08/2012 to 13:00 HRs of 10/09/2012

Last date of

Receive of tender

14:00 Hrs of 10/09/2012

Date of opening of

part 1 /technical

bid

15:00 Hrs of 10/09/2012

:

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PART1/TECHNICALBID/BHELGOINDWALTENDERNOTICENO:05/12‐13

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

Bharat Heavy Electricals Limited

Industrial Valves Plant

Goindwal – 143422 (Punjab)

Department of Civil Engineering

CONTENTS

TENDER NOTICE page no. 5-12

CONDITIONS OF CONTRACT page no. 13-38

INSTRUCTION TO TENDERERS page no. 39-41

ANNEXURE I, II, III, IV, V, VI, VII page no. 42-52

to be Filled by tenderer

CHECK LIST OF ALL REQUIRED DOCUMENTS page no. 53-55

To be filled by tenderers

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PART1/TECHNICALBID/BHELGOINDWALTENDERNOTICENO:05/12‐13

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

BHARAT HEAVY ELECTRICALS LIMITED

GOINDWAL – 143422

DEPARTMENT OF CIVIL ENGINEERING

BHE: IVP: CIVIL: TENDER/2012-13/05 To, The Architect/ Consultant Dear Sirs,

Sub: Providing A r c h i t e c t u r a l consu l t ancy Services for the construction of residential buildings in BHEl Township at Goindwal Ref: 1. Tender Notice No. 05/12-13 ***** Please find enclosed / attached non-transferable tender documents containing I) Technical Bid (55 pages) consisting of Tender Notice , Instructions to tenderers, conditions of contract, Annexures to be filled by tenderers ii) Price bid (18 pages) consisting of Schedules A,B,C,D&E which includes Layout plan of BHEL Goindwal Township and Bil l of Quanti t ies to offer your most competitive rate, Tender for the work should be submitted in a sealed cover consisting of two inner sealed covers such as I)Technical bid cover & ii) Price bid cover, all super scribing the Name of work, Tender Notice number ,NIT No. etc.

1) In case of tender documents downloaded from website, tender shall accompany the tender cost of Rs.1,000/- in the form of Demand Draft (separate). A DD of EMD of value of Rs.1, 00,000/- shall also be submitted by each tenderer along with their Technical bid (part 1). All Demand Drafts shall be drawn in favor of BHARAT HEAVY ELECTRICALS LIMITED payable at Goindwal

2) Technical bid cover shall contain duly filled in Technical bid documents signed by the Architect/ Consultant in all the pages with documentary evidences for qualification and evaluation such as registration certificates, experience certificates and certificates to prove turnover , copy of registration certificates as required in this tender enquiry. Any bid w i t h o u t p r o p e r d ocu men t a ry e v i d e n c e f o r qualification shall not be considered for further evaluation.

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

3) The Price Bid cover shall contain price bid documents duly filled in and signed by the Archi tect / Consultant in a l l the pages . The Archi tec t or Consultant has to quote most competitive rate in the Schedule ‘A’ on page No 13 of Price Bid

You are required to go through all conditions and scopes of works stipulated in this tender document and visit the site of work. You should fill all detail, No deviation certificates etc as given in Annexure III to VIII and Fill the status in Checklist given at the end. Attach all credential documents in support of information given by you. The completed Technical Bid and price bid shall reach the office of the undersigned on or before 10/09/212 at 14:00 Hrs. The Technical Bid will be opened on the same day at 15.00 hrs. In case of opening day falls on holiday or happened to be declared as a holiday, the receipt and opening of the tender shall automatically fall on the same timing of the next working day. Date and time of opening of the Price Bid/Conducting RA shall be intimated only to the bidders those who have qualified after evaluation of the qualification bid/Technical Bid.

You / your authorized representative may participate in the tender opening. Clarification if any, can be obtained contacting following phone No. 01859-224653, 01859-224621, 01859-224602, or on Mobile no. 09465837653

Kindly acknowledge the receipt of the entire set of tender document. Thanking you, Yours faithfully For and on behalf of BHARAT HEAVY ELECTRICALS LIMITED,

ENGINEER / CIVIL Issued To,

Name Sh./M/S ……………………………………………………. Address………………………………………………………………………… Date ………………………

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

TENDER NOTICE

1 The scope of work covers providing of consultancy services for Architectural work

including design and engineering for the proposed construction of residential

buildings in BHEL Township at Goindwal. The detailed scope of services is explained in

the following pages in this tender document.

2. Time is the essence of the contract. Being a time bound scheme with capital expenditure,

the architect / consultant should make all efforts to complete the work in time. Even though

the overall completion period is indicated as 19 months (2 months for release of drawings

+ 17 months to extend services during the construction period), the release of approved

drawings and good for construction drawings shall be completed progressively and handed

over as per agreed split up schedule.

3. The Architect/ Consultants are advised to visit the Site of construction in BHEL Township at

Goindwal Distt. Tarn-Taran, Punjab to get them acquainted with the site conditions before

submitting the offer.

4 Following are qualification norms. Techno commercial Offer/Technical bid of only

those Architects / Consultants shall be evaluated who are qualified as per these Norms.

4a. The architect / consultant should have

(1) Valid PAN, (2 ) Va l id Serv ice Tax reg i s t ra t ion No .

4b. The Architect /Consultant should have valid registration (VALID AT LEAST UP TO

31/12/2012) in The Council of Architecture constituted by the Government of India

under the provisions of the Architects Act, 1972.

Documentary evidences (Xerox copies - attested) for PAN, ST & Registration in ‘COA’

all as indicated & required in the tender document should be furnished without which it will

not be taken into account.

5. The norms for evaluation of technical bid with prescribed score are attached in the

Technical Bid Document in annexure 1. Evaluation will be done accordingly. Minimum

score required for acceptance of Technical bid is 60.

6. Tenderers are requested to go through these norms carefully and attach self-

attested Xerox Copies as documentary evidence in support of information sought in

annexure 1.

7. The works executed in the own name of the Architect/ Consultant will only be considered

for above criteria while if Tenderer is a firm or company than all works shall be executed in

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

the name of firm or company instead of their partners /Directors.

8. The nominated committee from BHEL may also visit, during the evaluation of their

Technical Bid, the Site of works where the Architect/ consultants has provided their

services to ascertain the magnitude and nature of works completed in their consultancy.

9. Architect/ Consultant has to quote their Lump-Sum Professional fees both in figures

and in words for all the items given in the Bill of Quantities /Price schedule on Page

13 provided in the Price Bid. Lump-Sum Professional fee once quoted by

Architect/Consultant shall be firm throughout the contract period of 19 months (from the

date of placement of LOI) or extended contract period if any due to any reasons and no

cost escalation/price variation is allowed on any account.

10. The lump sum professional fee offered shall be for complete services as indicated in the

scope and shall provide for the complete cost towards model preparation, site visit, boarding

and lodging during site visit, fuel, temporary works, labor, materials, levies, taxes including

service tax as applicable, transport, lay-out, rework till acceptance by BHEL, supervision,

establishment, services, revenue expenses, any Fees of statutory authorities towards

approval of design ,drawings, GRIHA ratings ,completion certificates etc and overheads,

profits & all other incidentals etc. complete.

Please note that BHEL will not be responsible for any contravention of service Tax rules

by Architect/Consultant or delay in deposition of service tax or calculation of service tax

by Them and will not bear responsibility for any penalty or interest levied by concerned

authority for such contravention or delayed deposition or non-deposition or wrong

deposition of service tax by them.

11. It may be possible to make some changes in the layout, design and specifications of the

work during or before execution of work. The fee quoted by architect/ consultant shall be

deemed to be inclusive of all such contingencies and will remain fixed as quoted and

accepted by BHEL before award of work.

12. Discrepancy in the rate and amount quoted will be corrected by following procedure:

(a) If, in the price structure quoted for the required services & works, there is discrepancy

between the unit price and the total price (which is obtained by multiplying the unit price by

the quantity), the unit price shall prevail and the total price corrected accordingly, unless in

the opinion of the BHEL there is an obvious misplacement of the decimal point in the unit

price, in which case the total price as quoted shall govern and the unit price corrected

accordingly.

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(b) If there is an error in a total corresponding to the addition or subtraction of subtotals, the

subtotals shall prevail and the total shall be corrected; and

(c) If there is a discrepancy between words and figures, the amount in words shall prevail,

unless the amount expressed in words is related to an arithmetic error, in which case the

amount in figures shall prevail subject of (a) and (b) above.

(d) If there is such discrepancy in an offer, the same shall be conveyed to the bidder with target

date up to which the bidder has to send his acceptance on the above lines and if the bidder

does not agree to the decision of the BHEL, the bid is liable to be ignored.

13. The services shall be carried out as per Civil Engineering BHEL Work & Safety procedure,

CPWD / BIS specifications, GRIHA NORMS and standard code of practice and as per the

instructions of Engineer-in-charge. The brief description of services required is given in

Clause 14 of Conditions of Contract in Technical Bid.

14. The architect or consultant has to furnish the security deposit as per Clause 26.1 of

Conditions of Contract after award of this works contract. 50 % of this security deposit

amount shall have to be deposited before the commencement of work.

15. Since the responsibility for the quality, workmanship and accuracy of any work being

carried out under this service contract lies with the Architect/ consultant, therefore he/she

should ensure that no re work is done.

16. The decision of Engineer-in-charge shall be final and binding on the architect or

consultant regarding clarifications of items in this tender.

17. The works contract to be entered into with the successful Architect/ Consultant will be

governed by the BHEL Revised General Conditions of Contract in force. Important

Conditions are enumerated in the tender in following pages.

18. The architect / consultant shall strictly adhere to various labor laws in force.

19. The architect / consultant has to submit the organization chart of their set up for the works

and any change thereafter in the organization set up shall have the prior approval of BHEL.

20. The architect / consultant shall submit the program for the completion of work after

award of work to them, which shall be in line with Clause 21.2 of conditions of contract.

They shall put all effort to complete each activity within the scheduled date. Any delay in

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completion of any activity due to any reason on part of Architect/Consultant shall

attract LD as per clause 3 of conditions of contract.

21. All the works shall be executed as per the standard specifications as provided in CPWD

/ BIS. The materials recommended for incorporation in the work shall conform to the

respective BIS/ ASTM /National Building Organization, GRIHA , CPWD Standard

Specifications forming part of “STANDARD SCHEDULE OF RATES” and shall be got

approved by the Engineer-in- charge before actual incorporation in the work.

22. The architect / consultant should extend fullest co-operation with the third party agencies

engaged, if any by BHEL to adhere the Quality Control Procedures ensuring quality and /or

structural engineering.

23. The architect / consultant should extend full co-operation to the other architect /

consultants who may be doing other works in the same areas to enable them to execute their

portions of work without any delay or difficulty.

24. With regard to specifications not covered by the Conditions of Contract elsewhere, those

contained in the CPWD Standard Specifications or other specifications approved by

Bharat Heavy Electricals Limited, shall apply.

25. Every tender must be accompanied with EMD for the amount as specified in Page No. I in

any of the form mentioned in Para 09 of the “Instruction to Tenderers”. This Earnest Money

will be refunded to the unsuccessful tenderers within fifteen days of finalization of the award

of work. In case of the successful tenderer, the Earnest Money will be retained as part of the

Security Deposit for satisfactory completion of the work in accordance with Clause 26 of the

Conditions of Contract.

26. If after opening, tenderer revokes his tender or increases his earlier quoted rates or after

acceptance of his tender does not commence the work in accordance with the instruction of

the Engineer-in-charge, the Earnest Money deposited by him will be forfeited and acceptance

of his tender withdrawn. If only a part of the work included in the tender had been awarded to

the tenderer, the amount of Earnest Money to be forfeited will be based on the value of the

contract so awarded.

27. EMD given by all unsuccessful tenderers shall be refunded normally within fifteen days of

acceptance of award of work by the successful tenderer.

28. EMD shall not carry any interest.

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29.EMD of the successful tenderer shall be converted and adjusted against the security deposit.

30 Unless the Architect/Consultant whose tender is accepted signs the Contract Agreements and

makes the necessary security deposit specified in clause 14 above within Seven days of the

date of the order directing him to do so the amount of Earnest Money Deposit already

deposited by him will be forfeited and acceptance of his tender withdrawn.

31. Architect/ Consultant are requested to furnish the duly filled in E format attached as

separate sheet along with a cancelled cheque leaf to accept Electronic fund transfer / R T G S

transfer for any payment from BHEL.

32. Bank Guarantee format can be obtained after award of work in case of successful Architect/

Consultant.

33. No advance / mobilization advance will be given.

34. Validity of offer/quotation given by architect /consultant against this tender enquiry

shall be Three months from the date of opening of technical bid.

35. Work shall be awarded to L1 tenderer on L1 quoted rates. In case more than one Tenderer

quotes equal L1 rates further sealed quotation will be obtained from L1 tenderers to decided

L1. Under such circumstance, revised rate should not be more than the original quoted rate.

36. BHEL reserves its right to reject the tender/bid due to unsatisfactory past performance in

the execution of a contract at another project/unit awarded against a different enquiry.

37. Conditional and un- witnessed tenders, tender containing absurd rates and amounts, tenders

which are incomplete or otherwise considered defective and tenders not in accordance with the

tender conditions laid down by the Accepting Officer are liable to be rejected.

38.BHEL reserves its right to finalize the contract through reverse auction for which only

qualified Architect/ Consultants will be provided with necessary documents containing

reverse auction rules, terms and conditions for this purpose.

REVERSE AUCTION

BHEL reserves the right to go for a Reverse Auction (RA) instead of Opening

the submitted sealed bid, which will be decided after technical evaluation. Information

and general terms and conditions governing RA are given below.

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

GENERAL TERMS AND CONDITIONS OF RA

Against this tender for the subject work/system with detailed scope of work as per tender

specifications, BHEL may resort to “REVERSE AUCTION PROCEDURE” i.e., ON

LINE BIDDING ON INTERNET.

A For the proposed reverse auction, technically and commercially acceptable bidders only

shall be eligible to participate.

B BHEL will engage the services of a service provider who will provide all necessary

training and assistance before commencement of on line bidding on internet.

C BHEL will inform the vendor in writing in case of reverse auction, the details of Service

Provider to enable them to contact & get trained.

D Reverse Auction rules like event date, time, Start price, bid decrement, extensions

etc. also will be communicated through service provider for compliance.

E Vendors have to fax the Compliance form in the prescribed format (provided by Service

provider) before start of Reverse auction. Without this, the vendor will not be eligible to

Participate in the event.

F BHEL will provide the calculation sheet (e.g., EXCEL sheet) which will help to arrive at

“Total Cost to BHEL” like Taxes and Duties, Freight charges, Insurance and loading factors

(for non-compliance to BHEL standard Commercial terms & conditions) for each of the

vendor to enable them to fill-in the price and keep it ready for keying in during the Auction.

G Reverse auction will be conducted on scheduled date & time.

H At the end of Reverse Auction event, the lowest bidder value will be known on the network.

I The lowest bidder has to Fax the duly signed Filled-in prescribed format as provided on

case-to-case basis to BHEL through Service provider within 24 hours of Auction without fail.

J. Any variation between the on-line bid value and the signed document will be considered as

sabotaging the tender process and will invite disqualification of vendor to conduct business

with BHEL as per prevailing procedure.

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K In case BHEL decides not to go for Reverse Auction procedure for this tender enquiry, the

Price bids and price impacts, if any, already submitted and available with BHEL shall be

opened as per BHEL‟s standard practice.

L BHEL reserves the right to negotiate if need be, with the “L1” vendor of the Reverse

Auction.

38.Force Majeure clause: If at any time during the continuance of this contract the performance

in whole or in part by either party of any obligations under this contract shall be prevented or

delayed by reason, of any war, hostilities, acts of the public enemy, civil commotion,

sabotage, fires, explosions, epidemics, quarantine, restrictions or acts of GOD (hereinafter

referred to as events) then provided notice of happening of any such events is given by either

party to other within twenty one days from the date of occurrence thereof neither party shall

reason of such events be entitled to terminate this contract nor shall either party have any

such non performance and delay is resumed as soon as practicable after such events has come

to an end or ceased to exist. If the performance in whole or part of any obligation under this

contract is prevented or delayed by reason or any such event claims for extension of time

shall be granted for period considered reasonable by BHEL subject to prompt notification by

the Architect/ Consultant to BHEL of the particulars of the events and supply to the BHEL if

required of any supporting evidence. Any waiver of time in respect of partial installment shall

not be deemed to be a waiver of time in respect of remaining deliveries.

39.The correspondence exchanged against the tender from both Architect/ Consultant and BHEL

through email are considered as valid document legally though it is not signed. It is treated as

valid confirmations made on behalf of the respective company and very much comes under

the legal ambit of the business transaction and hence it is binding on both the parties to the

business.

40. Any transaction pertaining to the tender from both the parties of business done round the

clock irrespective of the office or business hours of the companies, are valid legally and

binding on both the parties. This applies to the extent only in such cases where deadline time

for transaction is not specifically declared by either or both the patties to the business.

41. In case Letter of Intent (LOI) is issued through email, the PC generated time and date of mail

shall be construed as the official time and date of release of LOI. In as much as this date is

within the last date of validity given by the bidder the LOI is said to have been issued within

the validity period and shall be binding on both the parties to the business.

42.Architect/ Consultants participating in the tender should declare in their technical bid that

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whether they have been blacklisted / kept on hold for a specified period / given Business

holiday for a specified period by any Public sector undertaking or Government BHELs. The

reasons for such action with details and the current status of such hold shall be clearly

furnished to BHEL. If no such details are mentioned in the offer then it will be construed that

the subject bidder is not under any such hold. But at a later date if it comes to the notice of

BHEL about any such hold under enforcement on the subject bidder, BHEL will have every

right to reject the offer of such vendors at any point of time and also under any stage of the

finalization of the subject tender irrespective of the status of the subject bidder in that tender.

Such bidders will not be permitted to participate in the further tender proceedings and will be

communicated suitably. They will not be also considered for any ongoing tenders even if

participated till the hold is officially lifted and confirmed in writing.

43. The offers of the Bidders who are on the banned list as also the offers of the bidders who

engage the service of banned firms shall be rejected, The list of banned firms is available on

BHEL website

44. BHEL shall be entitled to terminate the contract/pending Work Orders at any stage and to get

the work done elsewhere at the risk and cost of the Contractor, either the whole of the work

or any part thereof which the Contractor has failed to complete or deliver within the time

stipulated as aforesaid. Contractor shall be liable for the losses, which BHEL may sustain by

way of such risk purchase in addition to aforesaid penalty for delayed delivery.

45. In all matters of dispute, the decision of the General Manager, Bharat Heavy Electricals Ltd,

Goindwal -143422 shall be final and binding on the tenderer.

46. The court of the place from where the LOI is issued during the contractual period shall alone

have jurisdiction to decide any dispute arising out of or in connection with the LOI.

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CONDITIONS OF CONTRACT

DEFINITIONS

The heading to these conditions shall not affect the interpretation thereof.

In these Conditions of Contract, the following terms shall have the meaning hereby assigned to

them except where the context otherwise requires:-

a) The “CONTRACT” means the documents forming the tender and acceptance thereof, together

with all documents referred to therein including Conditions of Contract, Schedules ‟A”, “B”,

“C”, “D” , “E” etc and / or General Summary attached to the form of tender, the Bharat Heavy

Electricals Limited, Schedule of Rates as amended and in force the Specifications and the

Drawings. All these documents as applicable taken together shall be deemed to form one

Contract and shall be complementary to one another.

b) The “TENDER DOCUMENTS” means the form of Tender the applicable Schedules ‟A”,

“B”, “C”, “D” , “E” etc and / or tender notice , Conditions of Contract and the Specifications and

/ or Drawings as given to Architect/Consultants on payment for the purpose of preparing their

tenders.

c) The “WORK” means the work described in the tender documents in individual work orders

and/or accompanying Drawings and Specifications as may be issued from time to time to the

Architect/Consultant by the Engineer–in– charge within the powers conferred upon them,

including all modified or additional works and obligations to be carried out either at the site or at

any Factory Workshop or other place as required for the performance of the Contract.

d) The “SITE” means the lands and/or other places on, in into or through which the work is to be

executed under the Contract or any adjacent land, path or street, which may be allotted to or used

for carrying out the contract.

e) The “ARCHITECT/CONSULTANT” means the individual, firm or Company, whether

incorporated or not, undertaking the work and shall include the legal personal representatives of

such individuals or the persons composing the firm or Company, or the successors of the firm or

Company and the permitted assigns of such individual or firm or Company. Architect/Consultant

shall be the second party to whom the subject work shall be awarded by First party BHARAT

HEAVY ELECTRICALS Ltd. and a contract agreement shall be executed between two as per

the terms and conditions mentioned in this tender document.

f) The “ Engineer–in–charge” means the Engineer who is in charge for the works

referred.

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g) Contract Documents

The Accepting Officer shall furnish to the Architect/Consultant on demand “FREE OF COST”

three copies of signed drawings of layout of site and one copy of the signed agreement

comprising of preamble to agreement, General and Special Specifications, Schedule ‟A”, “B”,

“C”, “D” , “E” etc., (but excluding General Conditions of Contract and Drawings) .

However, for any additional copies of the agreement or drawings required by the

Architect/Consultant the same will be supplied on payment at the specified cost.

The Architect/Consultant shall keep one copy of all the Drawings and the Specifications, either

supplied to him by BHEL or supplied to BHEL by him, at the site and the Engineer-in-charge or

his representative shall have access to them at all reasonable times.

None of these documents shall be used by the Architect/Consultant for any purpose other than

that of this contract.

The Architect/Consultant shall take necessary steps to ensure that all persons employed on any

work in connection with this contract have noticed that the Indian official Secrets Act 1923 (XIX

of 1923) applies to them and shall continue so to apply even after the execution of such works

under the contract.

1 BHEL shall have privity of the contract with the Architect/Consultant only and will give

instructions to the Architect/Consultant or his authorized representative. BHEL will have nothing

to do or be concerned with the employment of employees working for the Architect/Consultant.

The relationship between BHEL and the Architect/Consultant will be that of independent entities

and nothing herein contained will amount to joint venture, partnership or an employer-employee

relationship.

2 The Service contract to be entered into with the successful tenderer will also be governed by the

BHEL revised General Conditions of Contract in force.

3 The work (every activity) must be completed within a period as mentioned in Page No.1 and

Clause no. 2 of tender Notice. Non-completion within stipulated time as described below in

clause no.21 shall be compensated by an amount as described in Clause no. 22 of condition of

Contract if delay is on part of Architect/Consultant.

4 The tenderer is not allowed to alter the specifications and the unit of work noted in the Schedule-

A of price bid. For the sake of uniformity in comparisons of tenders, the tenderers should not

add any conditions of their own. Tenders not complying with these conditions are liable to be

rejected.

5 The submission of tender shall be strictly in accordance with the terms and conditions stipulated

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in tender notice. No counter conditions will be acceptable or valid. All the terms & conditions in

the documents are binding on the tenderers and BHEL reserves its right to accept / reject any or

all the tenders. In addition, it reserves its right to finalize the contract through reverse auction.

6 In case the Architect/Consultant does not carry out the Contractual / Statutory obligations or the

services rendered by him are found to be unsatisfactory, BHEL shall bring the same to his notice

and he will be obliged to discharge the obligations and rectify the deficiency / anomaly within

three days’ time failing which, BHEL reserves the right to terminate the contract without

assigning any reason whatsoever. In such an event, no damages will be payable for short closure

of the contract.

7 The Sr. Deputy General Manager / Civil or his duly authorized representative shall have all

reasonable times access to Architect/Consultant premises of work and shall have the power at all

the reasonable times to examine any portion of the work or cross-examine the workmanship or

design of the structures.

8 The Architect/Consultant shall closely scrutinize all the drawings issued in connection with the

work to this organization and will correct the discrepancies if any, omissions in the drawings

before undertaking the actual work pertaining thereto.

9 The Architect/ Consultant shall strictly adhere to various labor laws in force. The agency is

responsible for all the statutory requirements & documentations for ESI / PF etc as per

prevailing Government Rules / Labour Rules. Any amount payable by BHEL because of these

requirements shall be recovered from their bills / deposits.

10 The Architect/Consultant shall follow norms of BHEL security system for movement of men &

materials within the complex including biometric movement system.

11 The decision of Engineer-in-charge shall be final and binding on the Architect/Consultant

regarding clarification of this tender.

12 Payment to the Architect/ Consultant will be done by Electronic fund transfer Mode. They will

have to furnish necessary detail before receive of payment by this mode. Necessary deductions

shall be done like TDS etc at the rates applicable as per the rules, regulations and statutory laws.

13. SCOPE OF WORK

The Architect/Consultant is required to provide services to the proposed Construction of

residential buildings in respect of the following.

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Part I - ARCHITECTURE:

13.1 Taking BHEL’s instructions and preparation of design brief.

13.2 Site evaluation, analysis and impact of proposed development on its immediate environment.

13.3 Design and site development.

13.4 Structural design.

13.5 Sanitary, plumbing, drainage, water supply, sewerage and Rainwater Harvesting System

design.

13.6 Electrical, electronic, communication systems and design.

13.7 Fire detection, Fire protection and Security systems etc.

Part II _ ALLIED FIELDS:

13.18 Landscape Architecture / Horticulture works in open land available.

13.19 Interior Architecture

14. SCHEDULE OF SERVICES:

The Architect shall after taking instructions from the BHEL, render the following services: These

services are divided in 4 distinct groups.

PART ‘A’: CONCEPT DESIGN, PRELIMINARY DESIGN AND DRAWINGS

14.01 Ascertain BHEL’s requirements, examine site constraints & potential; and prepare a design brief

for BHEL /BHEL approval.

14.02 Prepare report on site evaluation and analysis and impact of existing and / or proposed

development on its immediate environments.

14.03 Prepare drawings and documents to enable the BHEL to get done the detailed survey and soil

investigation at the site of the project.

14.04 Furnish report on measures required to be taken to mitigate the adverse impact, if any, of the

existing and / or proposed development on its immediate environment.

14.05 Prepare conceptual designs with reference to requirements given by BHEL and in consultations

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with GRIHA accredited professional and prepare preliminary estimate of cost on area basis

.

14.06 Modify the conceptual designs incorporating required changes and prepare the preliminary

drawings, sketches, study model, etc., for the BHEL approval along with estimate of cost.

PART ‘B’: DRAWINGS FOR BHEL'S/ STATUTORY APPROVALS, WORKING

DRAWINGS AND TENDER DOCUMENTS

14.07 Prepare drawings necessary for BHEL approval and approvals of statutory bodies viz PSIEC

,GRIHA body etc , ensure compliance with codes, standards and legislation, as applicable and

Submitting these drawings along with all other necessary documents to those statutory authorities

from which approval is required in connections with proposed construction of buildings in BHEL

township at Goindwal and then resubmitting these approved drawings to BHEL after obtaining

necessary approval from these statutory authorities.

14.08Detailed Engineering viz. Design of structures as per the approved design basis, getting the

design vetted by the approved institutions viz IIT/ NIT/ CBRI and preparation of working /

good for construction drawings (architectural, structural and all other), technical specifications

including quality control procedure of material & work, schedule of quantities including mode

of measurement, measurement sheet and method of payment, detail cost estimate based on

CPWD_ DSR for scheduled Items and Market rates duly supported by Budgetary offers for

Non Scheduled Items.

PART ‘C’: CONSTRUCTION

14.09Prepare and issue working/good for Construction drawings (4 sets of each along with one soft

copy on compact disc) and other necessary details for proper execution of works during

construction.

14.10 Visit the site of work / design office irrespective of number of visits as the case may be, to

clarify the designs, drawings during construction to clarify any decision, offer interpretation of

the drawings/specifications as and when required.

PART ‘D’: COMPLETION

14.11 Prepare and submit completion reports and drawings for the project as required and obtaining

"Completion/ Occupancy Certificate" from statutory authorities, wherever required. Obtaining

the GRIHA rating for the proposed construction of buildings as decided by BHEL.

14.12 Submit three sets of as built drawings including services and structures along with one

reproducing copy and soft copy on compact disc. Built and submit one model of BHEL

Township at Goindwal.

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NOTE: INCIDENTAL SERVICES

14.13 The entire incidental services related with the all activities as mentioned above shall be

deemed included in the scope of services. No extra payment shall be made for the incidental

services.

14.14 Revision of drawing and designs shall be made by the architect as and when required by

BHEL. No payment shall be made for any revised drawing prepared by the architect.

15. PROFESSIONAL FEE:

15.01 In consideration of the professional services rendered by the Architect/Consultant, he shall be

paid professional fee and other charges as offered by the architect/Consultant at the time of

tendering as lump sum amount and accepted by the BHEL.

16. SCHEDULE OF PAYMENT

The Architect shall be paid professional fee in the following stages consistent with the work

done: Reference of “clause 14 // schedule of service // condition of contract” should be taken

for interpretation of word “stage”.

No advance payment will be given on appointment / Signing of Agreement/ Acceptance of

offer and 10% of each stage payment as security will be retained by BHEL till full security

deposit is available with BHEL.

16.1 Progressive, on account, payments will be made by the BHEL to the Architect against any of

the above stages based on the quantum of work done during that stage, as may be mutually

agreed to between the BHEL and the Architect. The architect fee also includes cost of travel

(to & fro), boarding & lodging and local transport for any visit made by his staff to the site or

such other place as may be necessary in connection with the execution of work and in

connection with the performance of duties referred to in this agreement.

16.2 Cost of presentation models, computer simulation, presentation drawings, etc., prepared at the

instance of the BHEL for purposes other than the Design and execution of the project are

included under the Architect / Consultant fee and no extra payment is entertained.

16.3 Cost if any towards approval of design, drawings by all statutory authorities’ approval of

which is required in connection of proposed construction works and fees as charged by

GRIHA in connection of the construction work shall also be included in Architect /Consultant

Lump-sum Fee and no extra payment will be entertained.

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Stage 1 ( all work from Cl 14.01 -14.05 )/part A

On submitting conceptual designs and

preliminary estimate of cost

10% of the total fees payable.

Stage 2 ( all work as per Cl 14.06 )/part A

On submitting the required preliminary

scheme for the BHEL’s approval along with

the estimate of cost.

20% of the total fees payable less payment

already made at Stage 1.

Stage 3 ( all work as per Cl 14.07 ) / part B

(a) On incorporating BHEL’s suggestions

and submitting drawings for approval by the

BHEL and statutory bodies.

30% of the total fees payable less payment

Already made at Stages 1 and 2.

(b) Upon BHEL’s approval necessary for

commencement of construction

35% of the total fees payable less payment

Already made at Stages 1 to 3 (a).

Stage 4 ( all work as per Cl 14.08 )/ part B;

Upon preparation of technical specifications

and schedule of quantities including

preparation of estimate for inviting tender.

45% of the total fees payable less payment

Already made at Stages1 to 3(b).

Stage 5 ( work as per Cl 14.09 )/ part C

a) On submitting working drawings and details

required for commencement of work at site,

on submitting drawings approved by statutory

body wherever applicable & on supplying the

model of the proposed building

65% of the total fees payable less payment

Already made at Stages 1 to 4.

b) On completion of 20% of the work 70% of the total fees payable less payment

already made at Stages 1 to 5 (a)

c) On completion of 40% of the work 75% of the total fees payable less payment

already made at Stages 1 to 5 (b).

d) On completion of 60% of the work 80% of the total fees payable less payment

already made at Stages 1 to 5 (c)

e) On completion of 80% of the work 85% of the total fees payable less payment

already made at Stages 1 to 5 (d)

f) On Virtual Completion 90% of the total fees payable less payment

already made at Stages 1 to 5(e)

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Stage 6

(all work as per Cl 14.11 -14.12 )/part D

On submitting Completion Report and in

built drawings and on submission of

completion / occupancy certificate by statutory

authorities and GRIHA ratings as required by

BHEL./

100% of the fees payable less payment

already made at various stages plus the

retained amount towards security.

16.3 FINAL BILL

As soon as possible after the completion of the work to the satisfaction of the Engineer-in-

charge, the Architect/Consultant shall forward a certified final account on BHEL form, in

duplicate. It shall be accompanied by all abstracts, vouchers etc., in support thereof and shall

be prepared in the manner prescribed by the Engineer-in-charge.

No claims will be entertained after the receipt of the final bill.

The Architect/Consultant shall be entitled to be paid the final sum less the value of payments

already made on account subject to certification of the final bill by the Engineer-in-charge. Any

sums due from the Architect/Consultant on account of any items provided by BHEL not yet

recovered from the Architect/Consultant shall be deducted from the final sum aforesaid.

No charge shall be allowed to the Architect/Consultant on account of the preparation of the final

bill

16.4. PAYMENT OF BILLS :

All payment to be made to the Architect/Consultant under this contract shall be done

through electronic fund transfer mode (EFT)/ RTGS.

17.0 FEATURES OF CONSTRUCTION PROJECT.

Important points to be noted about proposed construction of residential building are below.

Total area where construction is proposed is described in Table 1 below. Type of the construction

and quantum of work involved can be best assessed from the information given below in table 1

and 2.

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TABLE 1

S/n Landmarks

for Plot

Size of Plot

Feet

Numbers

of Plot

Status Further

construction

proposed

Type of

Construction

1 34-47 30’ x 60’ 14 Vacant YES , G+1 ;

residential

2 48-51 30’ x 60’ 04 Occupied NO G+1 ;

residential

3 80-82 30’ X 75’ 03 Vacant YES , G+1 ;

residential

4 83-84 30’ X 75’ 02 Occupied YES , Over First Floor

5 85 30’ X 75’ 01 Vacant YES , Landscaping &

Horticultures

6 86-91 30’ X 75’ 06 Vacant YES , G+1 ;

residential

7 92-95 30’ X 75’ 04 Occupied NO G+1 ;

residential

8 96 50’ X 90’ 01 Occupied YES , G+1 ;

residential in

adjacent open

area within plot

9 154 50’ X 90’ 01 Vacant YES , Duplex

Residential

10 155 50’ X 90’ 01 Occupied NO G+0,

Residential

11 156-157 50’ X 90’ 02 Occupied YES , Over First

Floor,

Residential

12 158-161 50’ X 90’ 04 Vacant YES , G+1 ;

residential

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Description of area proposed for construction:

TABLE 2:

Estimated Cost of Proposed construction is Rs. 1171 lakhs excluding consultancy fees

and service tax on the proposed services and contingences if any. This preliminary

estimated figure is obtained from Delhi plinth area rates 2010 with suitable

adjustment for Cost Index of Jalandhar/Kapurthala region as on January 2012

approved by CPWD.

GENERAL

18.1 ADEQUACY OF DESIGN

The Services to be rendered by the architect / consultant shall be based on National Building

Code – 2005 amended up to date, relevant applicable latest codes including those for

GREEN BUILDINGS and sound engineering practices. Major decision and specification

shall be reviewed by BHEL to the extent desired. Approval of any design / drawing by

BHEL shall however not relieve the Consultant in discharging their responsibilities regarding

the adequacy of design and proper functioning of the works. The Consultant shall be fully

responsible for the adequacy, accuracy and quality of entire services performed by them in

accordance with accepted standards of safety, earthquake requirements, environment

protection, rainw a t e r harvesting and public health. The Consultant is required to

provide services based on extant rules, local bye – laws, GRIHA norms , applicable

standards CPWD specifications/schedules, Indian Railways/ MES, sound engineering

practices all updated, and / or as instructed by BHEL.

SL NO Numbers of

residential flats

(or) units

Type of Construction Approximate area of

each proposed

construction

UNIT

(1) 28 A (quarter) 540 Sq. feet

(2) 14 B (quarter) 807 Sq. feet

(3) 24 A’ (quarter) 796 Sq. feet

(4) 1 Medical Center 1990 Sq. feet

(5) 1 HOSTEL 8070 Sq. feet

(6) 16 C (quarter) 1115 Sq. feet

(7) 2 D (quarter) 965 Sq. feet

(8) 1 GUEST House 3228 Sq. feet

(9) 1 E (quarter) 2496 Sq. feet

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18.2. ADDITION AND ALTERATIONS

BHEL shall have the right to request in writing changes, additions, modifications or deletions

in the design and drawing of any part of the work and to request in writing additional work

in connection therewith and the Architect / Consultant shall comply with such request. The

decision of the BHEL shall be final on whether the deviations and additions are substantial as

requiring any compensation to be paid to the Consultant. The computation of additional fee

payable for the additional work corresponding to the relevant activity of the work shall be

based on the quoted percentage only (ie pro-rata). Nothing over and above this shall be

payable. However for the minor modification or alteration which does not affect the entire

planning etc., no amount will be payable.

18.3. FORECLOSURE OF CONTRACT

BHEL reserves the right for foreclosure of contract without assigning any reason

whatsoever. The payments in the event of foreclosure of contract shall be restricted to the

amount defined for each activity independently and in the event of such termination the

Architect / Consultant shall be entitled to all such fee for the services rendered and liable to

refund the excess payment if any made to him over and above what is due in terms of this

agreement on the date of termination and the employer may make full use of all or any of the

drawings prepared by the Consultant.

18.4. RESCINDING OF CONTRACT

In the event of failure on the part of the Architect / Consultant to complete work in time or

to the complete satisfaction of the BHEL or in the event of committing breach of any one or

more of terms and conditions of the agreement, the BHEL shall be entitled to rescind this

contract without prejudice to right to claim damages or remedies under the law. The

period of notice to be given to rescind contract will be 7 days. In the event of such

termination, the Consultant shall be liable to refund the excess payment if any made to

him over and above that is due to him on the date of termination. The BHEL will be

entitled to make full use of all or any of the drawings / documents prepared by Consultant.

In such case BHEL shall have power to engage another Consultant to carry out the balance

work on the basis of the drawings already prepared, debiting the excess amount if any so

paid to the second Consultant subject to a maximum of 10% of the total fee which would

have been deducted as security deposit plus the amount of performance security. Consultant

shall pay to the BHEL all such excess expenditure within 30 days of issue of notice failing

which Consultant shall be debarred from consultancy jobs of BHEL in future besides taking

other course of action under law to recover such amount.

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18.5. NON -SUBMISSION / SUBMISSION OF DEFICIENT DOCUMENTS

Bidder shall ensure submission of all documents required / requested for qualification and

evaluation in this Technical Bid document. BHEL shall not revert for seeking deficient

documents and shall not be responsible for the same. The financial Bids of Consultants

whose technical Bids are found to contain deficient documents may not be opened for

further processing.

18.6 COPYRIGHT / PROPRIETARY RIGHT

The Architect / Consultant hereby agrees that the fee to be paid as provided in this agreement

will be in full and final for functions to be performed by him and no claim whatsoever shall

be made against BHEL in respect of any part relating to the models, plans, drawings

and other documents submitted by Consultant. The drawings, design, plan, models and

related details prepared and acquired by the Consultant for the work entrusted to him under

this agreement will become the property of BHEL. The drawings, design, plan, models

related details cannot be issued to any other person, firm or authority or used by the

Consultant for any other project without prior permission of BHEL.

The Architect/Consultant shall fully indemnify B.H.E.L or the agent, servant, or employee of

B.H.E.L against any action, claim or proceeding relating to infringement or the use of any

patent or design or any alleged patent or design rights, and shall pay any royalties which may

be payable in respect of any article / or part there of included in the contract.

In the event of any claims being made or action brought against B.H.E.L or any agent, or

servant or employee of BHEL in respect of matters aforesaid the Architect/Consultant shall

immediately be notified thereof for taking necessary action provided that payment of

indemnity shall not apply when such infringement has taken place in complying with the

specific directions issued by the BHEL but the Architect/Consultant shall pay any royalties

payable in respect of any such use.

18.7. SITE MEETINGS

The site meetings shall be held during execution of the work with the Architect/ Consultant

to sort out any problems or to provide any missing information having technical nature in

connection with the work. The meeting may be convened by the BHEL as per the need.

However, at least one routine meeting shall be held in a month. There will be no limit on

the number of meetings/site visits and nothing extra shall be payable on this account.

19. BHEL’S ROLE AND RESPONSIBILITIES

The BHEL shall discharge all obligations connected with the project and engagement of the

Architect as follows:

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19.01To provide detailed requirements of the project, site plan to a suitable scale showing

boundaries, contours at suitable intervals, existing physical features including any existing

roads, paths, existing structures, existing service and utility lines and such lines to which

the proposed service can be connected. In case such information is not readily available,

the BHEL will arrange for the collection of necessary information.

19.02 To furnish reports on soil conditions and test as required by the Architect, specific

conditions/ statutory stipulations/ Codes of Practice / Schedule of rates, etc., desired to be

followed.

19.03 Supervision of Construction, project monitoring, scheduling and all other works related to

construction awarded to a third party or Architect/Consultant for such specific purpose and

which are not covered in the scope of architect.

20. DELIVERABLES BY THE ARCHITECT

20.01 The Architect shall keep the BHEL informed about the progress of work in his office.

20.02 The Architect may appoint specialized consultants without any extra cost to BHEL for

structure engineering, green building norms /GRIHA accredited professional if in house

facility is not available with them in consultation with the BHEL, if necessary.

20.03 The Architect shall be responsible for the direction and integration of the consultants work,

the calculations, the detailed design and evaluation of the work.

20.04 The coordination drawing may also be required during execution of the work to ensure

integrated construction of all the components. It is the responsibility of the architect to

prepare the additional drawings required for proper execution of the work, which may be

visualized during construction work.

20.05 The Architect shall supply to the BHEL, free of cost, up to four sets of drawings at

different stages and one soft copy of each on compact disc. Architect shall prepare and

submit one Model of BHEl township built on adequate scale as per instruction of engineer

in charge.

20.06 The Architect shall prepare the drawings as per local building bye laws and other

legislations prevailing for Goindwal, Punjab. Architect shall submit to BHEL all drawings

after getting the approval from statutory bodies and PSIEC. The Architect shall not make

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any deviations, alterations or omissions from the approved drawings, involving financial

implications without prior consent of the BHEL.

20.07 All the approved drawings shall be the property of BHEL. The same shall be submitted to

the BHEL immediately after getting them approved by competent authority.

20.08 The Architect shall exercise all reasonable skill, care and diligence in the discharge of his

duties and shall exercise such general superintendence and inspection as may be

necessary to ensure that works are being executed in accordance with the Conditions of

Contract.

20.09 BHEL may review the work carried out by the consultant at Architectural planning,

detailed engineering or at any pre-constructional stage to get satisfied with the standards

and procedures adopted by the consultant to make available the concerned documents to

BHEL on demand.

20.10 It is the responsibility of the Architect to plan and design the building complex based

on standard engineering practice. The architect shall stand guarantee for the

performance of the system designed by them for a minimum of 25 years. A guarantee

bond on standard approved Performa shall be provided by the architect.

20.11 The architect may be asked to submit More than one models to decide the plan and

architectural view of the building. Cost for preparation of first model is deemed included

in the quoted rate. However for 2nd subsequent models, extra payment shall be payable to

the architect.

20.12 Architect / Consultant shall provide detailed computations and back up of structural design

sheets to BHEL.

20.13 The Architect / Consultant shall provide all drawings and designs on auto CAD, STADD-

PRO or any relevant computer programs. Copy of final design / drawings shall be made

available to BHEL in soft copy also.

20.14 All structural designs shall be got proof checked by the Architect / Consultant from IIT/

NIT /CBRI at his own cost. Nothing extra shall be paid on this account. The structural

design drawings and the calculation sheets shall be signed and verified by the proof-

checking agency and the certificates regarding safety of structure as per codal provisions

shall be submitted to BHEL.

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20.15 GRIHA rating in minimum 3 stars shall be obtained by the Architect /Consultant for

the buildings designed by them and shall be submitted to BHEL.

21.1 TIME

Time is the essence of the contract and is specified in the tender document or in each

individual Work Order.

As soon as possible after the contract is let or any substantial Work Order is placed and

before work under is to begin, the Engineer-in-charge and the Architect/Consultant shall

agree to a Time and Progress Chart. The Chart shall be prepared in direct relation to the time

stated below in this Tender Documents or the Work Order for the completion of the

individual items there of and/the contract or order as a whole. It shall indicate the

forecast of the dates for the commencement of the various trade processes or sequences of

the work, and shall be amended as may be required by agreement between the Engineer-in-

charge and the Architect/Consultant within the limitation of the time imposed in the Tender

Documents or Order.

In the absence of any specific Time and Progress chart to be agreed to between the

Architect/Consultant and the Engineer–in–charge, the Architect/Consultant shall ensure and

maintain uninterrupted progress of the work such that the entire work shall be completed

within the time imposed in the Tender Documents or Order and that the proportion of work

completed up to any time in relation to the entire work to be under the Architect/Consultant

Order shall not be less than the proportion that the time elapsed bears to the total time of

completion provided in the Tender Documents or Order.

The Architect/Consultant shall suspend the execution of the work, or any part or parts thereof

whenever called upon in writing by the Engineer–in–charge to do so, and shall not resume

work thereon until so directed in writing by the Engineer –in– charge. The

Architect/Consultant will be allowed an extension of time for completion not less than the

period of suspension. However, no other claim in this respect for compensation or otherwise

however will be admitted. Provided the cause for suspension is not attributable to any

default on the Architect/Consultant‟s part to proceed with or fulfill the contractual

obligations. This may also be extended to allow for alteration of work made by the deviation

order.

21.2 SCHEDULE (Duration of activities) :

The activities under Clause 1 & 2 of below mentioned table are basically divided into two

phase viz. Phase 1 up to and including the stage of Preliminary design & drawing and

Phase 2 up to and including the release of approved drawing for tender purpose, bill of

quantities and detailed estimate.. The above services are to be performed as per the

following schedule.

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S/n. Activity Duration

1. Up to and including the release of conceptual design &

Preliminary drawings. Refer (Part –A) of schedule of

service clause 14 of SCC.

30 days from the date as

given in LOI.

2 Up to and including the release of approved

Drawings for tender purpose, bill of quantities with

technical specifications and detailed estimate for

Tendering. Refer (Part –B) of schedule of service

clause 14 of SCC.

30 days from the

completion of activity 1

3 Construction phase: Refer (Part –C) of schedule of

service clause 14 of SCC which includes submission of

working drawings (good for construction) after

approval of Statutory authorities.

60 days of completion of

activity 2

4 Submission of Completion Report and Drawings for

issuance of completion / occupancy certificate by

statutory authorities, wherever required, issue of as

built drawings. and submission of GRIHA ratings to

BHEL Refer (Part –D) of schedule of service clause 14

of SCC.

30 days from completion of

Construction works.

21.3 DELAY AND EXTENSION OF TIME:

if, in the opinion of Engineer–in–charge the work is delayed:

i) by reason of beyond the control of Consultant viz ACT of GOD for natures , OR

ii) by reason of serious loss or damage by fire, OR

iii) by reason of Civil commotion, local combination of workmen strike or lockout,

affecting any of the trades employed on the work OR

iv) by delay on the part of the agency or tradesman engaged by BHEL in executing work not

forming part of this contract, OR

v) by reason of any other cause which in the absolute discretion of the Engineer–in–charge is

(when he is the Accepting Officer of the Contract) beyond the Architect/Consultant’s

reasonable control, than in such case the Accepting Officer on the recommendation of the

Engineer-in-charge (or higher authority) may make fair and reasonable extension in the

completion dates of the individual items of work or the contract as a whole.

Such extension which will be communicated to the Architect/Consultant by the Engineer–in–

charge in writing shall be final and binding on the Architect/Consultant. No other claim in

this respect for compensation or other– wise howsoever is admissible. Upon the happening of

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any such event causing delay, the Architect/Consultant shall immediately given notice thereof

in writing to the Engineer-in-charge but shall nevertheless use constantly his best endeavor to

prevent or make good the delay and shall do all that may reasonably be required to the

satisfaction of the Engineer–in– charge to proceed with the work.

21.4 COMPLETION

The works shall be completed to the entire satisfaction of the Engineer-in- charge and in

accordance with the Time and Progress agreed mutually

The Engineer-in-charge shall certify to the Architect/Consultant the date on which the work is

completed and the state thereof.

22. COMPENSATION FOR DELAY:

If the Architect/Consultant fails to maintain the required progress in terms of clause 21.2

above or to complete the work and clear the site on or before the contracted or extended

period of completion, he shall, without prejudice to any other right or remedy of the B.H.E.L

on account of such breach, pay as agreed compensation an amount calculated as stipulated

below on the contract value of the work for every week that the progress remains below

that specified in clause 21.2 or that the work remains incomplete.

This will also apply to items or group of items for which separate period of completion has

been specified.

For this purpose the term „Contract Value‟ shall be the value at contract rates of the work as

ordered.

a. Completion period (as originally stipulated) -- at 1 percent per week.

Provided always that the total amount of compensation for delay to be paid under this

condition shall not exceed the under noted percentage of the contract value or of the contract

value of the item or group of items of work for which a separate period of completion is

given:

Completion period (as originally-stipulated) -- 10 percent.

The amount of compensation may be adjusted or set-off against any sum payable to the Architect/Consultant under this or any other contract with the B.H.E.L.

The amount of compensation may be adjusted or set-off against any sum payable to the

Architect/Consultant under this or any other contract with the B.H.E.L.

23. DEVIATIONS

The Architect/Consultant shall not make any alteration in addition to or omission from the

work as described in the tender documents except in pursuance of the written instructions of

the Engineer-in-charge. No such deviation from the work described in the tender

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documents shall be valid unless the same has been specifically confirmed and accepted by

the Accepting Officer in writing and incorporated in the contract.

The Accepting Officer may deviate by way of either addition or deduction, from the work so

described, if more than the percentage set out in the tender documents do not thereby vary the

contract sum overall. The value of all addition and deductions will be added to, or deducted

from the contract sum. Whenever the Accepting Officer intends to exercise such a right, his

intention shall specify the deviations which are to be made, the lump sum assessment or the

proposed basis of payment, the extra time allowed, if any, and the date for completion of the

entire contract.

Any objection by the Architect/Consultant to any matter concerning the order shall be

notified by him in writing to the Engineer-in-charge within Seven days from the date of such

order, but under no circumstances shall the work be stopped (unless so ordered by the

Engineer-in-charge) owing to differences or controversy that may arise from such an

objection. In the absence of such a notification of objection by the Architect/Consultant, he

will be deemed to have accepted the order and the conditions stated therein. In the event of

the Architect/Consultant failing to agree with the Engineer-in charge regarding the terms of

the proposed deviation, the objection shall be referred to the Project Manager whose decision

shall be final conclusive and binding on the Architect/Consultant.

24. ASSIGNMENT OR TRANSFER OF CONTRACT:

The Architect/Consultant shall not, without the prior written approval of the Accepting

Officer, assign or transfer the Contract or any part thereof, or any share, or interest therein to

any other person. No sum of money which may become payable under the Contract shall

be payable to any person other than the Architect/Consultant unless the prior written

approval of the Accepting Officer to the assignment or transfer of such money is given.

24.1 SUB CONTRACT:

The Architect/Consultant shall not sub–let any portion of the Contract without the prior

written approval of the Accepting Officer.

25. COMPLIANCE TO REGULATIONS AND BYE LAWS:

The Architect/Consultant shall conform to the provision of any statute relating to the work

and regulations and bye-laws of any local authority and of any water and lighting Companies

or Undertakings with whose system the work is proposed to be connected. He shall, before

making any variation from the drawings or the specifications that may be necessitated for

such connections give the Engineer–in– charge notice, specifying the variation proposed to be

made and the reasons there for and shall not carry out any such variation until he has received

instructions from the Engineer–in–charge in respect thereof. The Architect/Consultant shall

be bound to give all notice required by Statute Regulations or Byelaws as aforesaid and to

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pay all fees, and taxes payable to any authority in respect thereof.

26.SECURITY DEPOSIT

26.1 Security Deposit should be collected from the successful tenderer. The rate of

Security Deposit will be as below:

Up to Rs. 10 lakh : 10%

Above Rs. 10 lakh up to Rs.50 lakh : 1 lakh + 7.5% of the amount Exceeding Rs.10

Lakh

Above Rs. 50 lakh : 4 lakh + 5 % of the amount exceeding Rs.50 Lakh

At least 50% of the security Deposit should be furnished before start of the work by the

Architect/Consultant in the form of Demand Draft / Bank Guarantee.

Security Deposit may be furnished in any one of the following forms :-

i) Cash (as permissible under the Income Tax Act)

ii) Pay Order, Demand Draft in favour of BHEL.

iii) Local cheques of scheduled banks in the name of BHEL subject to realization.

iv) Securities available from Post Offices such as National Savings Certificates, Kisan Vikas

Patras etc. (Certificates should be held in the name of Architect/Consultant furnishing the

security and duly pledged in favour of BHEL and discharged).

v) Bank Guarantee from Scheduled Banks / Public Financial Institutions as defined

in the Companies Act subject to a maximum of 50% of the total security deposit value. The

balance 50% has to be remitted either by cash or in the other form of security. The Bank

Guarantee format should have the approval of BHEL.

vi) Fixed Deposit Receipt issued by Scheduled Banks /Public Financial Institutions

as defined in the Companies Act . The FDR should be in the name of the

Architect/Consultant, A/C BHEL, duly discharged on the back.

vii) Security deposit can also be recovered at the rate of 10% from the running bills.

However in such cases at least 50% of the Security Deposit should be collected before start of

the work and the balance 50% may be recovered from the running bills.

viii) EMD of the successful tenderer shall be converted and adjusted against the security

deposit.

ix) The security deposit shall not carry any interest.

NOTE: Acceptance of Security Deposit against Sl. No. (iv) and (vi) above will be subject to

hypothecation or endorsement on the documents in favour of BHEL. However, BHEL will

not be liable or responsible in any manner for the collection of interest or renewal of the

documents or in any other matter connected therewith.

All compensation or other sums of money payable by the Architect/Consultant to BHEL,

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under the terms of this Contract or under any other contract with BHEL, may be deducted

from the Security Deposit or realized by the sale of the Securities or from the interest arising

there from or from any sums which may be due or may become due to the

Architect/Consultant payable by BHEL, on any account whatsoever against this Contract or

any other Contract with BHEL, and in the event of his Security Deposit being reduced by

reason of such deductions or sale as aforesaid, the Architect/Consultant shall, within seven

days thereafter, make good in cash or in securities endorsed as aforesaid, any sum or sums by

which the Security Deposit has been so reduced.

Refund of Security Deposit:

100% of the Security Deposit may be refunded after completion of work in all respect and

after payment of final bill provided that the Architect/Consultant shall have rendered a “No-

Demand Certificate”.

28. ORDER UNDER THE CONTRACT

All orders, notices etc., to be given under the contract shall be in writing typescript or

printed and if sent by registered post to the address given in the tender of the

Architect/Consultant, shall be deemed to have been served on the date when in the ordinary

course they would have been delivered to him.

The Architect/Consultant shall carry out without delay all orders given to him.

29. ADMISSION TO SITE

The Architect/Consultant shall not enter on (other than for inspection purposes) or take

possession of the site unless permitted to do so by the Engineer-in-charge. The portions of

the Site to be occupied by the Architect/Consultant will be clearly defined and marked on the

site plan, and the Architect/Consultant will on no account be allowed to extend his operations

beyond these areas.

The Architect/Consultant shall provide, if necessary or required at the Site, temporary access

there to and shall alter, modify and maintain the same as required from time to time. He shall

take out and clear away the access route when no longer required and restoring the area to its

original condition.

The Engineer-in-charge shall have power to execute other works (whether or not connected

with the work in the contract agreement) on the site

contemporaneously with the execution of the original work and Architect/Consultant shall

give reasonable facilities for this purpose.

B.H.E.L reserves the right of taking over, at any time, any portion of the site which they may

require and the Architect/Consultant shall at his own expense clear such portion forthwith.

No photographs of the Site or of the work or any part there of shall be taken, published or

otherwise circulated without the prior approval of the Engineer-in-charge.

No such approval shall however exempt the Architect/Consultant from complying with any

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statutory provisions in regard to the taking and publication of such photographs.

B.H.E.L Officials connected with the Contract shall have the right of entry to the

Site at all times.

Engineer - in charge shall have the power to exclude from the site any person whose

admission there to may, in his opinion be undesirable for any reason whatsoever.

30. PRECAUTION AGAINST RISKS:

The Architect/Consultant shall be responsible for providing at his own expense, for all

precautions to prevent loss or damage from any and all risks and to minimize the amount of

any such loss or damage and for the necessary steps to be taken for the said purpose until the

works have been handed over complete in all respect of the Engineer-in-charge.

31. NOTICES AND FEES:

The Architect/Consultant shall give all notices required by any Statutory provision or by the

regulations and/or byelaws of any local Authority and/or of any Public Service, Company or

Authority affected by the work or with whose system the same are or will be connected. The

Architect/Consultant shall pay and indemnify B.H.E.L against any fees and charges payable

under such Acts. Regulation and/or byelaws in respect of the work and shall make and

supply all drawings and plans required in connection with any such notice.

32. APPROVAL OF WORKS BY STAGES:

All work embracing more than one process shall be subject to examination and approval at

each stage thereof and the Architect/Consultant shall give due notice in writing to the

Engineer-in-charge when each stage is ready. In default of such notice being received, the

Engineer-in-charge shall be entitled to approve the quality and extent thereof at any time he

may choose and in the event of any dispute, the decision of the Engineer-in-charge thereon

shall be final and conclusive.

33. EXECUTION OF THE WORK:

The work shall be executed in a well-defined engineered manner and to the satisfaction in all

respects of the Engineer-in-charge.

34. LAWS GOVERNING THE CONTRACT:

All Indian Laws being in force for the time shall govern this contract .

35. CANCELLATION OF CONTRACT FOR CORRUPT ACTS:

The Accepting Officer, whose decision shall be final and conclusive, shall, without

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prejudice to any other right or remedy which shall have accrued or shall accrue thereafter to

Bharat Heavy Electricals Limited, cancel the contract in any of the following cases and the

Architect/Consultant shall be liable to make payment to B.H.E.L for any loss or damage

resulting from any such cancellation for default.

If the Architect/Consultant shall:

a. Offer or give or agree to give to any person in BHEL service any gift or

consideration of any kind as an inducement or reward for doing or for bearing to do or for

having done or forborne to do a day act in relation to the obtaining or execution of this or any

other contract for BHEL service OR

b. Enter into a contract with B.H.E.L in connection with which commission has been paid or

agreed to be paid by him or with his knowledge, unless the particulars of any such

commission and the terms of payment thereof have previously been disclosed in writing to

the Accepting Officer, OR

c. Obtain a contract with B.H.E.L as a result of ring tendering or by non-bonafide methods of

competitive tendering without first disclosing the fact in writing to the Accepting Officer.

36. CANCELLATION OF CONTRACT FOR INSOLVENCY, ASSIGNMENT OR

TRANSFER OR SUB-LETTING OF CONTRACT:

The Accepting Officer, without prejudice to any other right or remedy which shall accrue

thereafter to B.H.E.L shall cancel the contract in any of the following cases:

If the Architect/Consultant,

a) Being an individual, or if a firm any partner thereof shall at any time be adjudged bankrupt or

have a receiving order or orders for administration of his Estate made against him or shall

take any proceedings, for liquidation or composition under any Bankruptcy Act for the time

being in force or make any conveyance or assignment of his effects of composition or

arrangement for the benefit of his creditor or purport to do so, or if any application be made

under any Bankruptcy Act for the time being in force for the sequestration of his Estate or if a

trust deed be granted by him on behalf of his creditors, OR

b) Being a Company, shall pass a resolution or the Court shall make an order for the liquidation

of its affairs, or a Receiver or Manager on behalf of the debentures holders shall be

appointed or circumstances shall arise which entitle the court or debentures holders to appoint

a Receiver or Manager OR.

c) Assigns, transfers, sub-lets or attempts to assign, transfer or sub-let any portion of the work

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without the prior written approval of the Accepting Officer. OR

d) Shall suffer an execution being levied on his goods and allow it to be continued for a period

of 21 days.Whenever the Accepting Officer exercises his authority to cancel the Contract

under this condition, he may complete the work by any means at the

Architect/Consultant‟s risk and expense provided always that in the event of cost of the

completion (as certified by Engineer-in-charge which is final and conclusive) being less than

the contract cost, the advantage shall accrue to the BHEL and that if the cost of completion

exceeds the money due to the Architect/Consultant under the contract, the

Architect/Consultant shall either pay the excess amount ordered by the Engineer-in-charge or

the same shall be recovered from the Architect/Consultant by other means.Engineer-in-charge

will have powers to take possessions of the site and any materials delivered by

Architect/Consultant in connection of this contract or carryout the work by any means at the

risk and cost of the Architect/Consultant.

In case the BHEL completes the work under the provisions of this condition the cost of such

completion to be taken into account in determining the excess cost to be charged to the

Architect/Consultant under this Condition shall consist of the cost of Architectural

consultancy work provided by any other competent party in the market to the BHEL with an

addition of such percentage to cover superintendence and reestablishment charges as may be

decided by the Project Manager/Project Engineer whose decision shall be final and

conclusive.

37. CANCELLATION OF CONTRACT IN PART OR IN FULL FOR

ARCHITECT/CONSULTANT’S DEFAULT:

If the Architect/Consultant:

(a) makes default in commencing the work within a reasonable time from the date of handing

over of the site and continue in that state after a reasonable notice from Engineer-in-charge,

OR

(b) in the opinion of the Engineer-in-charge at any time, whether before or after the date or

extended date for completion, makes default in proceeding with the work, with due diligence

and continue in that state after a notice of seven days from Engineer-in-charge, OR

(c) fails to comply with any of the terms and conditions of the contract or after 7 days notice in

writing with orders properly issued there under, ( OR)

(d) fails to complete the work order and items of work individual dates for completion and clear

the site on or before the date of completion or fails to achieve the progress as set out .The

Accepting Officer may, without prejudice to any other right or remedy which shall have

accrued or shall accrue there after to B.H.E.L cancel the contract as a whole or in part thereof

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or only such work order or items of work in default from the contract. Whenever the

Accepting Officer exercises his authority to cancel the contract as a whole or in part under

this conditions he may complete the work at the Architect/Consultant’s risk and cost,

provided always that in the event of the cost of completion (as certified by Engineer-in-

charge which is final and conclusive) being less than the contract cost the advantage shall

accrue to the B.H.E.L if the cost of completion exceeds, the money due to the

Architect/Consultant under this contract, the Architect/Consultant shall either pay the excess

amount ordered by Project Manager or the same shall be recovered from the

Architect/Consultant by other means. Engineer-in-charge will have power to take

possession of the site and any materials delivered by Architect/Consultant in connection of

this contract thereon.

In case the B.H.E.L completes the work or any part thereof under the provisions of this

conditions the cost of such completion to be taken in to account in determining the excess

cost to be charged to the Architect/Consultant under this conditions shall consists of the cost

of cost of Architectural consultancy work provided by any other competent party in the

market to the BHEL with an addition of such percentage to cover superintendence and

reestablishment charges as may be decided by the Project Manager/Project Engineer whose

decision shall be final and conclusive.

38. TERMINATION OF CONTRACT FOR DEATH

Without prejudice to any of the rights or remedies under this contract if the

Architect/Consultant dies, the accepting Officer shall have the opinion of terminating the

contract without compensation to the Architect/Consultant.

39. SPECIAL POWERS OF DETERMINATION

If at any time after the acceptance of the tender B.H.E.L shall for any reason whatsoever not

require the whole or any part of the work, to be carried out the project Manager/Engineer

shall give notice in writing of the fact to the Architect/Consultant who shall have no claim to

any payment of compensation or otherwise howsoever on account of any profit or advantage

which he might have derived from the execution of the work in full but which he did not

derive in consequence of the foreclosing of the work.

He shall be paid at Contract rates, for the full amount of the work executed including such

additional works, e.g. clearing of site, etc., as may be rendered necessary by the said fore

closing. He shall also be allowed a reasonable payment (as decided by the Accepting

Officer ) for any expenses sustained on account of labour and materials collected but which

could not be utilized on the work, as verified by the Engineer-in-charge. Neither shall the

Architect/Consultant have any claim for compensation on account of any alterations having

been made in the original specifications, drawings, designs and instructions, involving any

curtailment of the work as originally contemplated.

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40. RECOVERY FROM ARCHITECT/CONSULTANT:

Whenever under the contract any sum of money shall be recoverable from or payable by the

Architect/Consultant the same may be deducted from any sum then due or which at any time

thereafter may become due to the Architect/Consultant under the contract or under any other

Contract with BHEL or from his Security Deposit or he shall pay the claim on demand.

41. POST TECHNICAL AUDIT OF WORK AND BILLS:

BHEL reserves the right to carry out a post-payment audit and technical examination of the

work and final bill including all supporting vouchers, abstracts etc., and to enforce recovery

of any sums becoming due as a result thereof in the manner provided in the preceding sub-

paragraphs provided however that no such recovery shall be enforced after three years of

passing the final bill.

42. ARBITRATION:

Except where otherwise provided for in the contract all questions and disputes relating to the

meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and

as to the quality of workmanship or materials used on the work or as to any other question,

claim, right, matter or thing whatsoever in any way arising out of or relating to the contract,

designs, drawings, specifications, estimates, instructions, orders or these conditions or

otherwise concerning the work or failure to execute the same whether arising during the

progress of the work or after the completion or abandonment thereof shall be referred to the

sole arbitration of the Executive Director / General Manager of BHEL and if ED is unable or

unwilling to act, to the sole arbitration of some other person appointed by the ED / General

Manager, willing to act as such arbitrator. The cases referred to arbitration shall be other

than those for which the decision of the Manager / Senior Engineer / Engineer-in-charge is

expressed in the contract to be final and conclusive. There will be no objection if the

arbitrator so appointed is an employee of B.H.E.L and that he had to deal with the matters to

which the contract relates and that in the course of his duties as such he had expressed

views on all or any of the matters in dispute or difference.

The arbitrator to whom the matter is originally referred being transferred or vacating his

office or being unable to act for any reason, such Executive Director

/ General Manager as aforesaid at the time of such transfer, vacation of office or

inability to act, shall appoint another person to act as arbitrator in accordance with the terms

of the contract. Such person shall be entitled to proceed with the reference from the stage at

which it was left by his predecessor.

Subject as aforesaid the provision of the Arbitration & Reconciliation Act, 1996 or any

statutory modification or re-enactment thereof and the rules made there under and for the

time being in force shall apply to the arbitration proceeding under this clause.

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It is a term of the contract that the party involving arbitration shall specify the dispute or

disputes to be referred to arbitration under this clause together with the amount or amounts

claimed in respect of each such dispute.

The arbitrator(s) may from time to time with consent of the parties enlarge the time for

making and publishing the award.

The work under the Contract shall, if reasonably possible, continue, during the arbitration

proceedings and no payment due or payable, to the Architect/Consultant shall be withheld on

account of such proceeding.

The Arbitrator shall be deemed to have entered on the reference on the date he issues notice

to both the Parties fixing the date of first hearings.

The arbitrator shall give a separate award in respect of each dispute or difference

referred to him.

The venue of arbitration shall be such place as may be fixed by the Arbitrator in his sole

discretion.

The award of the arbitrator shall be final, conclusive and binding on all parties to this

contract.

In the event of disputes or differences arising between one public sector enterprise and a

Govt. BHEL or between two public sector enterprises the above stipulations shall not apply

the provisions of BPE office memorandum No. BPE/CL 001/ 76MAN / 2 (1.10) 75-BPE

(GM-1) dated 1st January 1976 or its amendments for arbitration shall be applicable.

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

INSTRUCTIONS TO TENDERERS

1. The tender is open to all.

2 The tenderer is advised to obtain the tender documents in person or by a messenger duly

authorized to do so. The BHARAT HEAVY ELECTRICALS LIMITED will not under any

circumstances accept responsibility for the non – receipt or delay in the receipt of the

tender documents by the tenderer. Tender Documents can also be downloaded from

www.bhel.com/tender.php

3 Every tenderer is expected, before quoting his rates to inspect the site of the proposed

work. They should be well conversant with Building by laws of PSIEC for Goindwal.

They should also be familiar with different green products and building materials available

in the market drawn from the latest and best technology in modern days for use in this

project subject to their approval from competent authority.

4 The works contract to be entered in to with the Architect/Consultant will be governed by

the Condition of Contract mentioned else where in this document along with tender notice

and BHEL General Conditions of contract in force.

5 Should a tenderer find discrepancies or omissions in the drawings or any of the

tender documents or should be in doubt as to their meaning, he should at once address the

authority inviting the tender for clarification. Every Endeavour is made to avoid any error

which can materially affect the basis of the tender but the successful tenderer shall take

upon himself to provide for the risk of any error which may be subsequently by discovered

and shall make no subsequent claim on account thereof.

6 Tenders submitted by post should be sent “Registered Post with Acknowledgement due”.

These should be posted with due allowance for any delay in postal delivery. Tenders

received after the due date and times of opening, tenders are liable to be rejected.

7 The Architect/Consultant’s responsibility under this shall commence from the date of

receipt of the contract order of acceptance of his tender. The scheduled period of

completion for this work will be as mentioned in page No. 01, and the

Architect/Consultant will have to plan his work accordingly.

8. Every tenderer will have to deposit EMD and tender document cost. Tender document cost

will not be refunded in any case. Micro and Small Enterprises registered with District

Industries Centers or Khadi and Village Industries Commission or Khadi and Village

Industries Board or Coir Board or National Small Industries Corporation or Directorate of

Handicrafts and Handloom shall be given tender documents free of cost and shall be

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

exempted from payment of earnest money. Public procurement policy of central

government (Ministry of Micro small and medium enterprises) shall be implemented as per

the government Acts/notifications.

9 Earnest Money is to be paid by tenderer to ensure that the tenderer does not refuse to

execute the work after it is awarded to him. EMD be furnished only in the form of Pay

Order or Demand Draft in favor of BHARAT HEAVY ELECTRICALS LIMITED,

Payable at Goindwal. EMD in any other form will not be accepted.

10 Should a tenderer or a Architect/Consultant on the list of approved Architect/Consultants

have a relative, or in the case or a film or Company of Architect/Consultants any of its

shareholders or shareholder’s relative, employed in a gazette capacity in the Engineering

BHEL of the Bharat Heavy Electricals Limited, the authority inviting tenders shall be

informed of this fact at the time of submission of the tender, failing which tender, may be

disqualified or if such fact subsequently comes to light, the contract may be rescinded in

accordance with the relevant provisions in the General Conditions of Contract.

11 If tenderer expires after the submission of his tender or after the acceptance of his tender,

the BHEL may, at their discretion, cancels such tender. If a partner of a firm expires after

submission of tender or after the acceptance of the Tender, BHEL may cancel such Tender

at their discretion unless the firm retains its character.

12 The Bharat Heavy Electricals Limited will not be bound by any power of attorney granted

by the tenderer or by changes in the composition of firm made subsequent to the execution

of the contract. They may however recognize such power of attorney and changes after

obtaining proper legal advice the cost of which will be chargeable to the contract

concerned.

13 lf the tenderer deliberately gives wrong information in his tender or creates

conditions favorable for the acceptance of his tender, the Bharat heavy Electricals

Limited, reserves the right to reject such tender at any stage.

14 Words importing the singular number shall also be deemed to include the plural number

and vice versa where the context so requires.

15 The expenses for competing and stamping the agreement shall be paid by the

Architect/Consultant.

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

16 The General and special conditions are complementary to each other and where they are

conflict the Special Conditions shall prevail. In regard to matters not covered by the

General and Special Conditions of Contract, those contained in the Central Public

works BHEL’s Standard Specifications or in other specifications approved by the Bharat

Heavy Electricals Limited, Shall apply.

17 Tenderers shall not increase their quoted rates in case the Bharat Heavy Electricals

Limited, negotiates for negotiation for reduction of rates. Such negotiation shall not

amount to cancellation or withdrawal of the original offer and the rates originally quoted

shall be binding on the tenderers for a period of three months from the date of opening of

tenders.

18 Canvassing in any form in connection with tenders is strictly prohibited and the tenders

submitted by the Architect/Consultants who resort to canvassing will be liable to rejection

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

ANNEXURE 1

NORMS FOR EVALUATION OF TECHNICAL BID

Norms for Quali f icat ion for Providing Architectural consultancy services for

construction of residential buildings in BHEL Township at Goindwal shall be as per

clause 4 of tender notice. Technical Bid of Only qualified Architects or consultants who

fulfills those mentioned criteria shall be evaluated as per following.

S/n THRUST AREA SCORE REMARK

I TYPE OF CONSTITUTION

I a NATURE OF COMPANY. 3.0 Maximum

Public Limited 3.0

Private Limited/Partnership firm 2.0 Sole Proprietor 1.0

II WORK EXPERIENCE 54 Maximum

II a

Experience of providing Architectural Consultancy for

Two or more works (mass housing works approved by

concerned statutory authority each having total plinth

area not less than 40,000.00 Sq-feet or each having total

dwelling units/Flats not less than 44 nos) as following

(from 1/08/2005-31/07/2012)

15 Maximum

(i) for BHEL or any other Indian Public sector Undertaking or

Indian UT or State or Central Government BHEL or

Ministries.

15 Maximum

(ii) for any other Client other than those specified above. 10 Minimum

II b Experience of providing Consultancy for Green

building projects and scoring minimum 3 star ratings

from GRIHA.

8 Maximum

(i) One Project 4 Minimum

(ii) Two Projects 5

(iii) Three projects 6

(iv) More than Three projects 8 Maximum

II C Experience of providing Consultancy including

structural engineering or technical design for

residential /nonresidential buildings with earthquake

resistant measures and situated :

6

Maximum

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

(i) In Earthquake zone IV & V of map of India given in IS

1873

3

Minimum

(ii) In Locations other than above 3 Minimum

II d Highest value of single project Constructed in

consultancy of Tenderer (From 1/08/2005-31/07/2012).

20 Maximum

(i) Not more than Rs. 936 Lakhs 8 Minimum

(ii) More than Rs. 936 Lakhs but not more than Rs. 1171

Lakhs

12

(iii) More than Rs. 1171/- Lakhs but not more than Rs. 2342

lakhs

16

(iv) More Than Rs. 2342 lakhs 20 Maximum

II e Consultancy works successfully completed in time

during previous three years (1/08/2009-31/07/2012)

5

(i) More than One but Less than Three works 3 Minimum

(ii) Three or More works 5 Maximum

FINANCIAL STRENGTH

III Average Annual Turnover from Consultancy

Jobs in last 3 financial years (2009-10, 2010-11, 2011-

12)

30 Maximum

(i) Minimum Rs. 10.5 Lakhs 15 Minimum

(ii) Rs. 21.0 Lakhs or more 30 Maximum

(iii) (Pro-rata for in between cases)

MAN POWER –ESTABLISHMENT

IV Qualified Staff Availability (in house, excluding

owner himself)

4 Maximum

(i) One Graduate Architect 1.5 Maximum

(ii) One Drafts Man 0.5 Maximum

(iii) One Graduate Civil Engineer or Quantity Surveyor 1 Maximum

(iv) One Post Graduate in Structural Engineering. 1 Maximum

Other Credentials

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

V If Architect /consultant or their Firm or company has

won a “Building project” competition of single stage

which was open to all and conducted in Past Seven

Years (1/08/2005-31/07/2012)

4 Maximum

VI If Architect / Consultant is a Associate / Fellow of the

Indian Institute of Architects.

3

Minimum

VII If Architect / Consultant is a Associate / Fellow of the

Institution of Valuers, India.

2 Minimum

NOTE:

(i) Minimum score required for Acceptance of Technical Bid is 60 out of 100.

(ii) It is required that Tenderer submits all the relevant information in check list of

documents given in the end of this technical bid and enclose all necessary credential

documents in favor of particular Content of Clause I,II,III,IV,V,VI,VII.

(iii) In the absence of required information and non-submission of particular credential

document relevant to any clause of above Annexure 1 score /marks given to tenderer

for that particular clause will be 0 ie nil .

(iv) If Gross score of tenderer is less than 60 , his price bid will not be opened or he will

not be considered for RA as the case may be.

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

ANNEXURE - II

CLIENT’S CERTIFICAT E FOR ARCHITECT/CONSULTANT

Name & Address of the Client …………………………………………………………… …………. ………………………………………………………………………. Details of works executed by Shri . M/s ……………………………………………… 1.Name of work with brief particulars : 2.Agreement No. and date : 3.Date of commencement : 4.Stipulated date of completion : 5.Actual date of completion : 6.Details of compensation levied for delay, if any : 7.Type of the building : 8.Final cost of the buildings/project completed : 9.Name and address of the statutory Authority who : Approved the work 10 Star rating if any accredited by GRIHA : 11.Whether the consultant employed qualifie : Engineer/Overseer during execution of work? 12.(i)Quality of workman ship- :Outstanding/V.Good/Good/Poor (ii) Amount of work paid on reduced rate : Basis, if any 13. (i)Did the consultant go for arbitration ? :

(ii) I f yes, amount of claim : (iii) Amount received :

14. Comments on the capabilities of the Architect (a)Technical Proficiency :Outstanding/V.Good/Good/Poor (b)Financial Soundness :Outstanding/V.Good/Good/Poor (c)Creative Intelligence :Outstanding/V.Good/Good/Poor (d)Mobilisation of manpower :Outstanding/V.Good/Good/Poor (e)General behaviour :Outstanding/V.Good/Good/Poor NOTE: All columns should be filled in properly.

Signature of the Certifying Officer with Official Seal/stamp

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

ANNEXURE III

TO BE FILLED IN BY TENDERER

(it is mandatory to give all detail)

S/n Information Content of Information

1 Name of Tenderer

(name of

firm/company/individual)

2 Type of Constituent (Public

ltd/Private ltd/Partnership firm/

Sole proprietor

3.1 Name of the Person Holding the

power of attorney for this tender

3.2 Nationality of the person

4.1 Contact detail of the person

4.2 Email

4.3 Phone number

4.4 Fax number

4.5 Mobile number

4.6 Address of correspondence

regarding this Tender/contract

work

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

5.1 Permanent Address of the

Tenderer

5.2 email

5.3 Phone number

5.4 Fax number

5.5 Mobile number

6 PAN NUMBER

7 SERVICE TAX

REGISTRATION NUMBER

8 ESI CODE (if covered under the

Act)

9 PF CODE NUMBER (if covered

under the Act)

10.0 Registration No. given by Council

of Architecture constituted by the

Government of India under the

provisions of the Architects Act,

1972.

10.1 Registration number of tenderer

10.2 Registration number of other

partners of tenderer (in case of

partnership firm)

10.3 Validity of registration

11 Associate /fellowship number

given by Indian Institute of

Architects

12 Associate /fellowship number

given by Institution of Valuers ,

India

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

ANNEXURE IV

CERTIFICATE BY ARCHITECT/CONSULTANT

I/We………………………………………………………….do hereby tender to provide architectural

consultancy service of the under mentioned description and in accordance with the conditions noted

in this tender documents in consideration of payment being made for the service provided by me/us as

per my/our quotation given in the schedule ‘A’ of price bid of this tender enquiry.

I / We hereby distinctly and expressly declare and acknowledge that before the submission of my /

our tender I / We carefully followed the instructions in the tender notice and have read all conditions

of the contract specified in this tender document and that I /We have made such examination of the

work scope ,its specifications and of the location where the said work is to be done and such

investigation of the work required to be done and in regard to the material required to be furnished as

to enable me/us thoroughly to understand the intention of same and the requirements, covenants,

agreements, stipulations and restrictions contained in the contract and in the said specifications and

distinctly agree that I /We will not hereafter make any claim or demand upon the Bharat Heavy

Electricals Limited based upon or arising out of the said requirements, covenants, agreements,

stipulations, restrictions and conditions .

I /We, encloses credential documents required to full fill qualification norms and to evaluate my/our

technical bid.

I/We certify that the information given above ( for all S/n 1 to 12 in Annexure III ) is true to the best

of our knowledge. I/We also understand that if any of the information is found wrong, I/We am/are

liable to be debarred.

I/We certify that we did not retire as an Engineer of Gazette rank or as any Gazette Officer employed

on Engineering or Administrative duties in any Engineering BHEL of the Government of India during

the last two years. I also certify that I have neither such a person under my employment nor shall I

employ any such person within two years of his retirement except with the prior permission of the

Government.

I/We certify that none of the partners/directors retire as an Engineer of Gazette rank or as any Gazette

Officer employed on Engineering or Administrative duties in last two years. We also certify that we

have neither under our employment any such person nor shall we employ any person within two years

of his retirement except with the prior permission of the Government. (For partnership firms and

limited companies).

I/We certify that I/We are not banned or blacklisted by any government in past or present. I/WE are

also agree for rejection of our offer at any stage of finalization or after finalization as per Clause 49 of

tender notice if this information is found wrong .

SIGNATURE OF TENDERER

ALONG WITH SEAL/STAMP

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

ANNEXURE V

NO DEVIATION CERTIFICATE

(TO BE GIVEN BY ARCHITECT/CONSULTANT ON THEIR LETTER HEAD)

TO, BHARAT HEAVY ELECTRICALS LTD. IVP- GOINDWAL DEPARTMENT OF CIVIL ENGINEERING KIND ATTENTION: ACCEPTING OFFICER/ HEAD-CIVIL REF: TENDER NOTICE NO: 05/12-13 SUBJECT: DEVIATIONS FROM TENDER TERMS & CONDITIONS. DEAR SIRS,

With reference to above, this is to confirm you that, we have not taken any deviation from

tender clauses mentioned in reference Tender notice, conditions of contract, except those

mentioned below. (Attaché separate sheet for more space or write nil in case of no

deviations)

(1)…………

(2)………….

(3)…………….

We hereby confirmed that We accepts all the conditions of this tender described in various

clauses and if BHEL do not accept the conditions /deviations described by us in above para

than my/our tender is liable to be rejected.

We hereby convey our unqualified acceptance to the terms and conditions with all the

provision as stipulated in the tender. We also confirm that as per tender conditions, we have

visited site before submission of our offer and noted the job content & site conditions etc. We

have taken other references as enumerated in tenders, which are required to participate in

bidding invited against reference tender notice.

We hereby confirm that we have not done any alteration /modification in any form and in any

clause of this tender and we hereby confirm that if it is found so at any stage than our Tender

/Bid can be rejected by BHEL.

We also confirm that in the event of observance of any deviation except those described

above in any part of our offer later, the deviations shall stand null and void.

Thanking you,

Yours faithfully

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

ANNEXURE VI

E FORMAT TO, THE PURCHASE / CONTRACT EXECUTING AGENCY / BHEL

ACCEPTANCE FOR ELECTRONIC FUND TRANSFER / RTGS TRANSFER

1 Name & Address of the Supplier/Architect/Consultant

2 Details of Bank Account: 3 VENDOR CODE assigned by BHEL 4 NAME & ADDRESS OF THE BANK 5 NAME OF THE BRANCH 6 BRANCH CODE 7 MICR CODE 8 ACCOUNT NUMBER 9 TYPE OF ACCOUNT CURRENT

A/C / OD / CASH CREDIT

10 BENEFICIERY‟S NAME 11 IFSC CODE OF THE BRANCH 12 EMAIL ID 13 TELEPHONE/MOBILE NO.

CERTIFICATE I / We hereby agree to receive the payments due from BHARAT HEAVY ELECTRICALS LIMITED by the National Electronic Funds Transfer and/or RTGS Transfer mode by credit to my / our above mentioned Bank Account. I / We also agree that payments made to the above mentioned Account are a valid discharge of the liability of Bharat Heavy Electricals Limited. I / We also agree to bear the applicable Bank Charges for the above mode of transfer. A copy of the cheque leaf/cancelled cheque leaf of the above account is sent herewith.

AUTHORISED SIGNATORY WITH NAME & SEAL

Banker’s Certification We confirm that we are enabled for receiving RTGS and NEFT credits and we further confirm that the account number of ____________________________________ ____ _______(name of account holder), the signature of the authorized signatory and the MICR and IFSC codes of our Branch mentioned above are correct.

(Manager / Officer‟s) PLACE: Signature Under Bank

stamp and Name Seal With Membership No. ……………………… (Telephone / Mobile No..) DATE :

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

ANNEXURE VII

INDIAN NON JUDICIAL STAMP (Rs. 50/- )

Affidavit to be submitted by applicant Tenderer / Firm

AFFIDAVIT I, …………………………. S/o Sh…………………… Aged ....... Years R/o

………………………………………………………………………………..Sole Proprietor/

Partner/ Director (as the case may be) of M/s/Shri……………………………….

(Name of firm/ Tenderer with address)……………………………….do hereby solemnly

affirm and declare that the following Technical staff (Engineers/ Draft men ) are working as

full time staff with me/us /our firm. (Strike out whichever not applicable)

S. No.

Name of Engineers/

Draft Man

Qualification

Passed out in year

Working with we/us firm since

Experience in Bldg. work

1. 2. 3. 4.

5.

I am deponent herein and I am fully acquainted with the facts of the affidavit.

Deponent

It is verified that my above statements are true and correct to the best of my knowledge and

belief and nothing is concealed therein.

Place: Deponent

Identified by me

Date signature with seal of Ist class Magistrate/Notary Public

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

ANNEXURE VIII

UN-PRICED BID TO BE FILLED BY ARCHITECT/CONSULTANT

S/n Description of work UNIT QUANTITY Quoted or

un quoted

1 Providing architectural / consultancy services

for the construction of residential buildings in

BHEL township at Goindwal which shall

consists ‘A’, 'A-modified ', 'B','C','D','E' type

quarters, Stilt hall, Medical center, ET Hostel

and Guest house etc. as per the scope of work

described in Clause 13 of conditions of

contract and as per schedule of services

described in clause 14 of conditions of

contract.

Professional fees shall include all charges

against site visit irrespective of their numbers

and shall remain fixed throughout the

contract period of 19 months or throughout

the extended period of contract if any due to

any reasons.

Professional fees is also including all cost

towards transportation, boarding, lodgings

during site visits and all duties and service

tax as applicable . Professional fees also

includes cost of preparation and delivery of

approved designs , drawings, any statutory

fees towards approval of Design & Drawings,

completion certificate and Green building

ratings etc and models including all other

incidental cost / charges over approved

documents, drawings , models to be delivered

during and prior to execution of construction

work by architect/consultant undersigned

below.

LUMPSUM 1

2

Service tax at the rate of ...........................%..Included in above.

DONOTWRITERATES/AMOUNTINANYOFTHEPAGEOFTHISTECHNICALBID

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

CHECK LIST

(MANDATORY TO WRITE “EITHER YES OR NO OR NA” BY TENDERER)

S/n DESCRIPTION STATUS

(YES or NO or NA)

1 DD of Rs. 1000/- in favor of BHARAT HEAVY

ELECTRICALS LTD. payable at Goindwal ,against

tender document cost is enclosed

2 DD of Rs. 1,00,000/- in favor of BHARAT HEAVY

ELECTRICALS LTD. payable at Goindwal ,against

EMD is enclosed

3 Self-attested Copy of PAN no & Service Tax

registration number is enclosed

4 Self-attested Copy of registration numbers given by

Council of Architecture constituted by the

Government of India under the provisions of the

Architects Act, 1972. of no. is enclosed for individual

and all partners

5 Memorandum and articles of associations enclosed in

case of Public Ltd/ Private Ltd constitution is enclosed

(write NA if not applicable)

6 Partnership Deed is enclosed in case of partnership

firm (write NA if not applicable)

7 Copy of professional Tax registration/ Municipal Tax

registration or any other credential registration number

is enclosed in case of individual /sole proprietor (write

NA if not applicable)

8 Self-attested Copy of work completion certificate

along with work orders of Two different

Works/Projects to prove the work experience as per

Clause IIa of Annexure 1 is enclosed

9 Self attested Copy of work completion certificates

along with work orders to prove the work experience

as per Clause IIb of Annexure 1 is enclosed. (write

Number of such Certificates too)

10 Certificate given by GRIHA for work against S/n 9

above is enclosed (write Number of such Certificates

too)

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

11 Self attested Copy of work completion certificates to

prove the work experience as per Clause IIc of

Annexure 1 is enclosed.

(write Number of such Certificates too)

12 Self attested Copy of work completion certificates to

prove the work experience as per Clause IId of

Annexure 1 is enclosed

13 Self attested Copy of all work completion certificates

to prove the work completed in time as per Clause IIe

of Annexure 1 is enclosed

14 Client Certificates as per Annexure II given to

Architect for any of work completed by him is

enclosed in favor of any information furnished under

any clause II of Annexure 1

15 Certified Copy of Balance sheets & ITR of previous

three Fy. years 2009-10,2010-11,2011-12 enclosed to

prove the average annual turnover as per Clause III of

Annexure1

16 Affidavit on non-judicial stamp of Rs.50 has been

given for MAN POWER Establishment as given

Clause IV of Annexure 1 and content as per Annexure

VI and is enclosed herewith.

17 Certificates for winning of award as per the content of

Clause V of Annexure 1 is enclosed.

18 Certificate of Associate/Fellow in the name of

tenderer as given by Indian Institute of Architect is

enclosed for scoring as per clause VI of Annexure 1.

19 Certificate of Associate/Fellow in the name of

tenderer as given by Indian Institute of Architect is

enclosed for scoring as per clause VII of Annexure 1.

20 All mandatory information has been given by

Tenderer in Annexure III. Relevant copy of

certificates has been enclosed (in case of ESI/PF code

available with Architect/Consultant).

21 Mandatory Certificates in Annexure IV has been given

by tenderer after putting the signatures and seal/stamp

of tenderer.

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ARCHITECT/CONSULTANT ACCEPTINGOFFICER(BHEL)

22 NO DEVIATION CERTIFICATE has been prepared

on Letter head of Tenderer as per Content given in

Annexure V and is enclosed herewith.

23 EFT format as per the content given in annexure VI

has been filled and enclosed herewith along with one

Cancelled cheque.

24 Tenderer has written Quoted in the space provided

along with detail of service tax percentage in un priced

bid Annexure VIII.(no financial information shall be

given on any page of technical bid).

25 All pages of this Technical bid has been signed and

stamped by tenderer.

26 POWER OF ATTORNEY FOR signing and executing

this particular contract has been enclosed if signatory

authorized to sign on this tender document is different

from the owner of the constituent of the tenderer.

27 Rates has been filled in PRICE BID schedule ‘A’. All

pages of price bid has been signed and stamped by

tenderer.

28 Price bid has been placed in a separate sealed

envelope.


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