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WAPCOS LTD
(A Government of India Undertaking)
4th Floor, SKV House PLOT NO.-57, SECTOR-18, INSTITUTIONAL AREA
GURUGRAM – 122015 (HARYANA) Email: [email protected]
E-Tender for Selection of Agency for Architectural and Engineering Consultancy Services
Reference NIT NO. WAP/POW/BUILDING/NIeT/2019
Website for downloading Tender / Corrigendum
/ Addendum
www.wapcos.co.in, www.eprocure.gov.in and
https://www.mstcecommerce.com/eprochome/
wapcos Website for upload Tender https://www.mstcecommerce.com/eprochome/
wapcos
Last date & time of Procurement / download of
tender Document
Last date & time for Offline Submission of
Original Technical document, Tender Fees,
EMD, etc. as detail in Tender
13-06-2019 up to 11:00 hours in the office of
Dy. Chief Engineer, 4th Floor, SKV House PLOT
NO.-57, SECTOR-18, INSTITUTIONAL AREA
GURUGRAM – 122015 (HARYANA)
Last date & time for online submission of
Technical & Financial Bid.
13/06/2019 up to 11:00 hours
Online opening of Technical Bid 13/06/2019 up to 11:30 hours
Call for Technical Presentation Will be intimated to Stage-I Technically
Qualified Bidders
Online opening of Financial Bid Will be intimated to Stage-I and Stage-II
Technically Qualified Bidders
13-06-2019 upto 10:00 hours
The bidder must officially procure/download
the tender documents from the ETS portal of
WAPCOS before the last date and time of sale
of tender document in order to bid.
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WAPCOS LTD (A Government of India Undertaking)
4th Floor, SKV House PLOT NO.-57, SECTOR-18, INSTITUTIONAL AREA
GURUGRAM – 122015 (HARYANA) Email: [email protected]
Architectural and Engineering
Consultancy Services
E-Tender for Selection of Agency for
Page 3
INDEX
S. NO. SECTION DESCRIPTION PAGE NOS.
1. SECTION-1 NOTICE INVITING e-TENDERING 1-11
2. SECTION-2 INSTRUCTIONS TO CONSULTANT 12-27
3. SECTION-3 CONDITIONS OF CONTRACT 28-58
4. SECTION-4 CRITERIA AND EVALUATION
(For Tenders Invited on Quality and Cost
based system)
59-64
5. SECTION-5 FINANCIAL PROPOSAL FORMAT 65-65
6. SECTION-6 FORMS & ANNEXURES 66-97
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Section-1
NOTICE INVITING e-TENDER
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NIT No. WAP/POW/BUILDING/NIeT/2019 Date: 22.05.2019
NOTICE INVITING e-TENDER
1.1. WAPCOS Limited invites online bids from reputed Architect / Consultant agencies for
Brief Scope of Work Detailed Architectural services, viz. Topographical
survey, Soil investigation, collection of all required
data, Design, Drawings, Preliminary / detailed estimate,
Preparation of Detailed Project Report (DPR) including
all approvals from concerned & statutory authorities,
preparation of BOQ, Technical Specifications and
market rate justification along with rate analysis &
quotations for fixing of Construction/executing
agencies, providing technical assistance during
execution etc. complete for Construction of Multi-
Storied office complex in Odisha including structural
stability certificate.
The Maximum Quoted
Consultancy Fee to be quoted by
intending tenderer
3 % of the Estimated Cost of the Work
Time for Completion of work Design Phase: 4 Months
providing Architectural and Engineering Consultancy Services for “Preparation of DPR
including Survey & Investigation, Tender Documents, Construction Drawings, approval
from statutory authorities & Supervision and Quality Control during Construction for
Construction of Multi-Storied office complex in Odisha” as per schedule as under. The
estimated Project Cost of this work is Rs. 200 Crore.
Bidding Document No. WAP/POW/BUILDING/NIeT/2019
Name of the work Preparation of DPR including Survey & Investigation,
Tender Documents, Construction Drawings, approval
from statutory authorities & Construction Supervision
and Quality Control for Construction of Multi-Storied
office complex in Odisha.
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Construction and Supervision Phase: 24 Months
Maximum Estimated
Consultancy Fee
Rs. 6 Crore
Earnest Money Deposit Rs. 12 Lakhs
Non-refundable cost of tender /
Bid document
Rs. 25,000/- through NEFT/RTGS or DD in favour of
WAPCOS Ltd. Payable at Gurugram
Validity of Offer 120 days from the last date of submission.
Website for downloading
Tender/Corrigendum/
Addendum
www.wapcos.co.in, www.eprocure.gov.in and
https://www.mstcecommerce.com/eprochome/wapcos
Website for uploading Bid https://www.mstcecommerce.com/eprochome/wapcos
Last date & time of
Procurement / download of
tender Document
Last date & time for Offline
Submission of Original
Technical document, Tender
Fees, EMD, etc. as detail in
Tender
13-06-2019 up to 11:00 hours in the office of Dy.
Chief Engineer, 4th Floor, SKV House PLOT NO.-57,
SECTOR-18, INSTITUTIONAL AREA, Gurugram,
Haryana-122015
GURUGRAM – 122015 (HARYANA)
Email: [email protected]
Last date & time for online
submission of Technical &
Financial Bid.
13/06/2019 up to 11:00 hours
Online opening of Technical
Bid
13/06/2019 up to 11:30 hours
Call for Technical
Presentation
Will be intimated to Stage-I Technically Qualified
Bidders
Online opening of Financial
Bid
Will be intimated to Stage-I and Stage-II Technically
Qualified Bidders
13-06-2019 upto 10:00 hours
The bidder must officially procure/download the
tender documents from the ETS portal of WAPCOS
before the last date and time of sale of tender
document in order to bid.
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Obtaining GRIHA / Green
Building Certification
Required
Contact Information WAPCOS Limited
4th Floor, SKV House, Plot No. 57,
Institutional Area, Sector-18,
Gurugram, Haryana-122015.
Email: [email protected]
Contact No. +91-124-2342425
E tender help desk Phone Number
03322901004, 01123212357, 01123215163,
01123217850
Email
[email protected]
Please mention “Helpdesk” as subject while sending
emails
Availability
10 AM to 5:30 PM on all working days.
1.2. Minimum Eligibility Criteria:
The interested bidders should meet the following minimum qualifying criteria:
i) Work Experience:
Experience of having successfully completed similar works during the last 7 years
ending last day of the month previous to the one in which Tenders are invited:
a) Three similar works each costing not less than 40% of the estimated cost put
to tender
OR
b) Two similar works each costing not less than 60% of the estimated cost put to
tender
OR
c) One similar work costing not less than 80% of the estimated cost put to tender.
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“Similar works” shall mean “Agency must have successfully completed the
consultancy work for RCC Multi-storied (Minimum G+7) Residential/Institutional/Office
building with Development, Electrical, Water supply, Sanitary, HVAC, Fire fighting, etc.
all complete work of a building with any Central / State Govt. Departments/Central
PSUs/State PSU/Central Autonomous bodies/State Autonomous bodies.”
Note:
The past experience in similar nature of work should be supported by certificates
issued by an officer not below the rank of Executive Engineer.
ii) Agency must have Partners/Directors or Proprietorship of firm with the valid
registration from Council of Architecture with minimum experience of 10 (Ten) years.
(Documentary evidence needs to be submitted).
iii) Joint-venture / consortia of firms / companies shall not be allowed and the bidders
should meet the above criteria themselves.
iv) Foreign Certificates:
a) In case the work experience is for the work executed outside India, the
bidders have to submit certificate issued by the owner and affidavit to
the correctness of the documents. However, the Architect/Consultant will get
the documents attested by the Indian Embassy/consulate / High Commission in
the respective country.
b) For the purpose of evaluation of Bidders, the conversion rate of such a
currency into INR shall be the daily representative exchange rate published by
the IMF as on 7 (Seven) days prior to the Last Date of Submission including
extension(s) given if any.
v) Financial Strength:
a) The Average annual financial turnover for last 3 years shall be at least 50% of
the estimated cost put to tender. The requisite Turnover shall be duly
certified by a Chartered Accountant with his Seal/Signatures and
registration number.
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b) The bidders are required to upload and submit page of summarised Balance
Sheet (Audited) and also page of summarised Profit & Loss Account
(Audited) for last five years.
c) The bidder should not have incurred any loss in more than two year during
available last five consecutive balance sheets (i.e. 2013-14 to 2017-18) duly
certified and audited by the charted accountant.
vi) Agency must submit the solvency certificate of 40% of the estimated cost put to Tender
from any nationalized bank after date of publication of NIT.
vii) Agency must be registered in India under Companies Act 1956.
viii) Agency must have PAN and GST Registration No. (Documentary evidence is to be
submitted).
ix) Agency must have EPF Registration and shall submit proof of having valid EPF
registration certificate. In case of non-applicability in terms of EPF norms, bidder may
submit the proof of non-applicability along with undertaking in this respect.
x) Agency should have not been blacklisted, debarred or restrained in last 10 years to
participate by any Govt. department. Indemnity to this effect needs to be submitted as
per prescribed format.
1.3. The intending tenderer(s) must read the terms and conditions of this GCC carefully. He
should only submit his bid if eligible and in possession of all the documents required.
1.4. The bid document consisting of scope of work and the set of terms and conditions of the
contract to be complied with and other necessary documents can be seen and
downloaded from website www.wapcos.co.in, www.eprocure.gov.in and
https://www.mstcecommerce.com/eprochome/wapcos.
1.5. Architect agency / Consultant should upload documents in the form of PDF format
only.
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1.6. The tenderer(s) is/are required to quote strictly as per the terms and conditions,
specifications, standards given in the tender documents and not to stipulate any
deviations.
1.7. The tenderer(s) if required, may submit queries, if any, through E-mail and in writing to
the tender inviting authority to seek clarifications within 07 days from the date of
uploading of Tender on website. WAPCOS will reply only those queries which are
essentially required for submission of bids. WAPCOS will not reply the queries which
are not considered fit like replies of which can be implied /found in the NIT/ Tender
Documents or which are not relevant or in contravention to NIT/Tender Documents,
queries received after 07 days from the date of uploading of Tender on website,
extension of time for opening of technical bids, etc. Technical Bids are to be opened on
the scheduled dates. Requests for extension of opening of Technical Bids will not be
entertained.
Further, queries regarding Design concept presentation also will not be entertained after
07 days from the date of uploading of tender on website. Bidders have to give Design
concept presentation on the basis of the available data and after collecting information
regarding plot area, local heritage, plot connectivity with main road, etc. by visiting the
site. Missing link, if any, may be assumed by the bidders with best possible option for
presentation since this stage is meant to assess and evaluate the overall understanding
of bidder about subject matter and the Project in particular.
1.8. WAPCOS reserves the right to reject any or all tenders or cancel/withdraw the Invitation
for Bids without assigning any reason whatsoever and in such case no tenderer /
intending tenderer shall have any claim arising out of such action.
1.9. Earnest Money Deposit:
i) The Earnest Money Deposit of INR 12,00,000/- shall be deposited through RTGS/ NEFT
in the name of WAPCOS Limited, Name of Bank: Indian Overseas Bank, Bank Account
Number: 193502000000286 and IFSC Code: IOBA0001935 or though FDR/BG in the
prescribed format.
ii) The EMD shall be retained till submission of Performance Bank Guarantee of 5% of
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Consultancy Cost and Advance Bank Guarantee for initial deposit of 5% of
consultancy cost and its verification from issuing Bank which has been submitted by
the tenderer in case of successful tenderer and returned in case of unsuccessful
tenderers after award of work.
iii) Exemption in Tender document fee & EMD by Micro, Small & Medium Enterprises
registered with NSIC: The Micro, Small & Medium Enterprises registered with the NSIC
under Government Store Purchase Programme having certificate clearly indicating the
amount of “Quantitative Capacity P.A.” more than the estimated cost of Work, are
exempted from the submission of Cost of Bid Document / EMD on production of
requisite proof in the form of valid certification from MSME and NSIC for the tendered
item/services.
iv) The EMD shall be payable to WAPCOS without any condition(s), recourse or
reservations.
v) The Bid will be rejected by WAPCOS as non-responsive and shall not be considered
in case EMD proof / Original EMD is not received.
vi) The EMD of bidders other than L1 will be returned after award of work.
vii) No interest shall be paid by WAPCOS on the EMD.
viii) The EMD may be forfeited:
a) if a consultant withdraws the bid after bid opening during the period of
validity;
b) If, any unilateral revision in the offer is made by the tenderer during the
validity of the offer.
c) Upon non acceptance of LOI/LOA, if and when placed
d) In the case of a successful consultant; if the consultant fails to Sign the
Agreement within 15 days from the date of issue of LOA or furnish the
required Bank Guarantee(s) or fail to commence the work within the
stipulated time period prescribed in the contract.
1.10. Interested Architect agency / Consultant who wish to participate in the bid has also to
make following payments within the period of bid submission:
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i ) Cost of Bid Document
ii) EMD
1.11. Set of Tender Documents:
The following documents will constitute set of tender documents:
i) Notice Inviting E-Tender
ii) Instructions to Consultant
iii) Conditions of Contract
iv) Criteria and Evaluation
v) Financial Proposal Format
vi) Forms and Annexures
vii) Corrigendum / Addendum / Other documents, if any
1.12. Bid submission
The entire bid-submission would be online on ETS. Broad outline of submission are as
follows:
Part I “Technical Bid”
Comprising of:
i) Documentary evidence of having deposited the cost of bid document and EMD quoting
reference of RTGS/NEFT/FDR or Documentary Proof in the form of valid certification
from NSIC for the tendered item/services.
ii) Signed & scanned copy of all duly filled Forms and Annexures as per Section-6.
iii) All the necessary documents required for evaluation of the bid.
Part II “Financial Bid”
Financial Bid shall be uploaded on E-tender portal
https://www.mstcecommerce.com/eprochome/wapcos only as per given format in
section-5 of NIT/excel uploaded on MSTC portal.
No hard copy of Financial Bid needs to be submitted.
1.13. List of Documents to be submitted in hard copy in Technical Bid within the period of tender
submission:
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i) Payment proof of EMD in the form of RTGS/NEFT or Original EMD in the form of FDR with
certification by corresponding Bank.
ii) Payment proof of cost of Bid document in the form of RTGS/NEFT or Original DD with
certification by corresponding Bank.
iii) Solvency certificate.
iv) Complete Technical Bid
The above documents in three (3) sets (One original and two copies) shall be submitted
to:
WAPCOS Limited
4th Floor, SKV House, Plot No. 57,
Institutional Area, Sector-18, Gurugram, Haryana-122015.
Email: [email protected] , Contact No. +91-124-2342425
1.14. The bidders are advised to submit complete details with their bids. In case of discrepancy
between hard copy and soft copy, the Technical Bid Evaluation will be done on the basis
of documents uploaded on e-tendering web site(s) by the bidders. The information should
be submitted in the prescribed proforma. Bids with Incomplete/Ambiguous information
will be summarily rejected.
1.15. The envelope containing Technical bid should also indicate clearly the name of the
tenderer and his address. In addition, the left hand top corner of the envelope or
container should indicate the name of the work, name of the document in the
envelope with bid opening date and time and addressed to address mentioned above
and shall reach up to 1100 Hrs on or before date of Technical Bid. The on line bid shall
be opened at 1130 Hrs. on the same day.
1.16. Online technical bid documents submitted by intending tenderers shall be opened only of
those tenderers, whose Earnest Money Deposit, Cost of Bid Document and other
documents placed in the envelope are found in order.
1.17. The bid submitted shall become invalid, if:
i) The hard copy as per clause 1.13 above is not submitted by the tenderer.
ii) The tenderer is found ineligible.
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iii) The tenderer does not upload all the documents (including GST registration) as
stipulated in the bid document.
iv) Tenders in which any of the prescribed conditions are not fulfilled or found
incomplete in any respect are liable to be rejected.
1.18. Before the last time and date of submission of bid as notified, the tenderer can submit
revised bid any number of times.
1.19. The bid for the works shall remain open for acceptance for a period of 120 days from
the last date of submission of bid including the extension given, if any. In case any
tenderer withdraws his bid before the said period or issue of letter of acceptance,
whichever is earlier, or makes any modifications in the terms and conditions of
the bid which are not acceptable to WAPCOS, then WAPCOS shall, without prejudice to any
other right or remedy, be at liberty to forfeit the said earnest money deposit as aforesaid.
Further the tenderers shall not be allowed to participate in the re-bidding process of work.
1.20. Design Concept Presentation will be held within fortnight f rom the date of opening
of the Technical Bid. Only those bidders who qualify for Stage–II will be informed
through email or otherwise for Design Concept Presentation 07 days prior to the date of
Design Concept Presentation. Financial Bid will also be opened after the Design Concept
Presentation. The date of opening of financial bid shall be informed to the tenderer by E
mail / MSTC or otherwise after Technical Bid Evaluation.
1.21. The acceptance of any or all tender(s) will rest with WAPCOS who does not bind itself
to accept the lowest tender and reserves to itself the right to reject any or all of the
tenders received without assigning any reason thereof.
1.22. On acceptance of tender, the name of the accredited representative(s) of the Architect /
Consultant who would be responsible for taking instructions from Engineer-in-Charge or its
authorized representative shall be intimated within 07 days of issue date of Letter of Award
(LOA)/ Letter of Intent (LOI) by WAPCOS.
1.23. Date of Start of work shall be reckoned from the 10th day after issue of the letter of
Award (LOA)/ Letter of Intent (LOI) by WAPCOS.
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1.24. The award of consultancy work, execution and completion of work shall be governed by
tender documents consisting of (but not limited to) NIT, Instruction to Consultant,
Conditions of Contract, Criteria and Evaluation, Financial Proposal, Formats and Annexures
Corrigendum / Addendum / Other documents, if any. The tenderers shall be deemed to
have gone through the various conditions while making/preparing their technical &
financial proposals & submitting the Bid(s) including site conditions, topography of the land,
drainage and accessibility etc. or any other condition which in the opinion of tenderer will
affect his price/rates before quoting their rates.
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Section-2
INSTRUCTIONS TO CONSULTANT
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INSTRUCTIONS TO CONSULTANT
2.1. Introduction
The Architect agency / Consultant are invited to submit a Technical bid and a
Financial bid. The tender will be the basis for technical discussions if required and
ultimately for a signed Contract with the selected Architect agency /consultant.
2.2. Architect agency/consultants should familiarize themselves with local conditions
and take them into account in preparing their Proposals. To obtain first-hand
information on the assignment and local conditions, Architect agency/consultants are
desired to visit the site before submitting a proposal. Architect agency/Consultants or his
authorised representative should contact the following regarding site specific
information and site visit enquiry.
Contact : Mr. D.K. Mohanty, Chief Project Manager
Address : Plot No: N-3/200,
IRC Village, Nayapalli,
Bhubaneswar, Odisha-751015
Email: [email protected]
Phone No: 0674-2550364, 2550363
2.3. The Architect agency/consultant shall be responsible for obtaining licenses and permits to
carry out the services.
2.4. Architect agency/consultants shall bear all costs associated with the preparation
and submission of their proposals, site visits etc. WAPCOS / Client is not bound to accept
any proposal, and reserves the right to annul the selection process at any time prior to
Contract award, without thereby incurring any liability to the Architect agency/consultants.
2.5. Special Instructions to Bidders for E-Tendering
i) Submission of Bids
Online submission of Bid
The Bidder shall submit the bid electronically, through the MSTC portal
(https://www.mstcecommerce.com/eprochome/wapcos). The Technical Bid shall also
be submitted physically at the address mentioned in NIT (One original & two copies)
however Financial Bid shall be submitted online only.
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This tender shall follow a Single Envelope TWO STAGE BID SYSTEM i.e. Technical Bid
and financial Bid as given below.
a) Technical Bid
The Technical bid may be declared non responsive / invalid, if the bid is not
accompanied by the requisite documents as per the Tender.
b) Financial bid
The Financial bid shall not include any commercial or technical condition/
information. Financial offer shall be submitted as per prescribed format given in
Section-5 of tender document/excel uploaded on MSTC portal.
ii) General
The Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as given
in these Tender Documents. Submission of Online Bids is mandatory for this Tender.
E-Tendering is a new methodology for conducting Public Procurement in a transparent
and secured manner. For conducting electronic tendering, bidders shall use the portal
https://www.mstcecommerce.com/eprochome/wapcos
iii) Broad Outline of Activities from Bidder’s Perspective
1. Use Internet Explorer to go to
https://www.mstcecommerce.com/eprochome/wapcos
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2. On the right side of the page click on Register as a Vendor:
3. Fill the form that appears to create username and password.
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System Settings
i) This portal is compatible with multiple browsers (Google Chrome, Mozilla Firefox,
Internet Explorer, Opera etc.)
ii) On the system where this portal is being used, the user may open the portal and
click on Install Components button on the left side as shown below:
iii) On clicking the button, a new window will open as shown below:
iv) In this window, please save the MSTCSIGNER28082018_v2.exe file and install it.
v) Additionally, please click on Add to chrome button, to add the chrome extension, as
shown below:
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For other browsers please install the extension as applicable.
4. Once the registration is done, login with your user name and password:
Digital Signatures
To login into the portal, Bidders will require a Class 2 or 3 Digital Signature. Only Tender
Committee members will require Signing and Encryption type Digital Signatures. All
other users including bidders should have at least Signing type Digital Signatures.
A digital signature can be obtained from any Certifying Authority (CA) as per the List of
CAs issued by Controller of Certifying Authorities, Ministry of Electronics and
Information Technology. The list is available at
http://www.cca.gov.in/cca/?q=licensed_ca.html.
The list is as under:
i) Safescrypt
ii) IDRBT
iii) National Informatics Centre
iv) TCS
v) GNFC
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vi) e Mudhra CA
vii) CDAC CA
viii) Capricorn CA
ix) NSDL e-Gov CA
5. System will ask you to verify your digital signature
6. Press Ok and select your digital signature from the List:
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7. Your digital signature will be verified
8. Once login is complete, a bidder can access My Menu through the left side of the
page:
9. Here click on Download NIT/Corrigendum button to download the NIT/Corrigendums.
Select Event number and click on download to download the files:
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10. To submit the bid a bidder can proceed to Bid Floor through the left side My menu. In
Bid Floor click on live events to view a list of Live events. In live events select the
tender number where you wish to submit a bid.
11. On clicking the event number, if the bidder has not paid transaction fee, system will
prompt them to pay the transaction fee. They can pay the transaction fee by going to
Transaction Fee payment link in their login, and pay the same through online
payment (debit card, credit card, net banking etc) or RTGS/NEFT (Challan).
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12. Tender can be of multiple types with price bid uploading in Excel or Technical-Price
type. The bid floor for each type of event will change automatically.
On clicking the tender number one of the following screens will appear:
For 2 cover with price bid in excel
E-Tender Technical Cum Price Bid
13. For each type of event the event details including start time and close time the
details will be given on the top of the page.
14. To submit the tender the bidder has to start from top left and submit the details one
by one.
15. For 2 cover with price bid in excel, the bidder has to submit technical bid, by filling
the details and clicking the save button.
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a) After the technical bid is saved, a bidder can proceed to uploading documents
through the link upload docs:
b) Please note that under no circumstance the price bid excel has to be uploaded
here.
c) After the documents have been uploaded, the bidder can click on download excel
to download the excel format.
d) Fill up the excel sheet as per the details given therein and tender document.
e) To upload the filled up excel click on Upload Price Button, click on browse to select
the file and then click on Upload and Save encrypt file.
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f) The bidder can then click on final submit to finally submit the bid. In case of any
amendments after final submit, click on delete bid button to delete the techno-
commercial and price bids and resubmit the same. Please note that at the end the
bid must be final submit, otherwise the same will not be considered.
16. For E-Tender Technical Cum Price Bid:
a) In the manner similar to above the bidder has to fill up Common terms, then press
save button to submit.
b) Then the bidder has to upload documents as per the list shown therein.
c) Once the documents are uploaded the bidder has to submit the Technical and
Price bids.
d) The bidder can then click on final submit to finally submit the bid. In case of any
amendments after final submit, click on delete bid button to delete the techno-
commercial and price bids and resubmit the same. Please note that at the end the
bid must be final submit, otherwise the same will not be considered.
Bidder’s may note that in each case using the Delete bid button will only delete the
bids and then the bidder can resubmit upload tender closing time.
Using the withdraw button the bid will be withdrawn and the bidder will not be
allowed to submit any further bid in that event.
For any assistance regarding the Tender Document and/or term and conditions the
bidders may contact at WAPCOS:
WAPCOS Limited
4th Floor, SKV House, Plot No. 57,
Institutional Area, Sector-18, Gurugram, Haryana-122015.
Email: [email protected]
Contact No. +91-124-2342425
For any assistance during bid submission, system settings etc. bidders may contact at
MSTC:
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Phone Number
03322901004, 01123212357, 01123215163, 01123217850
Email
[email protected]
Please mention “Helpdesk” as subject while sending emails
Availability
10 AM to 5:30 PM on all working days.
2.6. Conflict of Interest
i) WAPCOS policy requires that Architect agency/consultants provide professional,
objective, and impartial advice and at all times hold WAPCOS’s interests paramount,
strictly avoid conflicts with other assignments or their own corporate interests and act
without any consideration for future work.
ii) Without limitation on the generality of the foregoing, Consultants, and any of their
affiliates, shall be considered to have a conflict of interest and shall not be recruited,
under any of the circumstances set forth below:
Conflicting assignments
An Architect agency/consultant (including its Personnel and Sub- Consultants) or any
of its affiliates shall not be hired for any assignment that, by its nature, may be in
conflict with another assignment of the Consultant to be executed for the same or
for another Employer.
Conflicting relationship
An Architect agency/consultant (including its Personnel and Sub- Consultants) that has a
business or family relationship with a member of WAPCOS’s staff who is directly or
indirectly involved in any part of (a) the preparation of the Terms of Reference of the
assignment, (b) the selection process for such assignment, or (c) supervision of the
Contract, may not be awarded a Contract, unless the conflict stemming from this
relationship has been resolved in a manner acceptable to WAPCOS throughout the
selection process and the execution of the Contract.
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iii) Architect agency/consultants have an obligation to disclose any situation of actual
or potential conflict that impacts their capacity to serve the best interest of
WAPCOS, or that may reasonably be perceived as having this effect. Failure to disclose
said situations may lead to the disqualification of the Architect agency/consultant or
the termination of its Contract any time, throughout currency of the work.
iv) No agency of current employees of WAPCOS shall work as Architect agency/consultants.
Recruiting former employees of WAPCOS to work is acceptable provided no
conflict of interest exists.
2.7. Fraud and Corruption
i) WAPCOS requires that the Architect agency/consultants participating in selection
process adhere to the highest ethical standards, both during the selection process
and throughout the execution of a contract. In pursuance of this policy, WAPCOS:
a) defines, for the purpose of this paragraph, the terms set forth below:
“corrupt practice” means the offering, promising, giving, receiving, or soliciting,
directly or indirectly, of anything of value which he is not legally entitled to,
to influence the action of a public official in the selection process or in contract
execution;
“fraudulent practice” means a wilful misrepresentation or omission of facts
or submission of fake/forged Documents in order to influence a selection
process or the execution of a contract;
“collusive practices” means a scheme or arrangement whether formal or
informal, between two or more consultants with or without the knowledge
of WAPCOS, designed to establish prices at artificial, non-competitive levels,
submission or non-submission of Bids;
“Coercive practices” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract.
b) will reject a proposal for award if it determines that the Architect agency/consultant
recommended for award has, directly or through an agent, engaged in corrupt,
fraudulent, collusive or coercive practices in competing for the contract in
question; and
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c) will sanction an Architect agency/consultant, including declaring the Architect
agency/consultant ineligible, either indefinitely or for a stated period of time, for
award of a contract if at any time determines that the Architect
agency/consultant has, directly or through an agent, engaged in corrupt,
fraudulent, collusive or coercive practices in competing for, or in executing a
contract.
2.8. The Architect agency/consultants should be aware of the provisions on fraud and corruption
stated in the specific clauses in the General Conditions of Contract.
2.9. Only One Proposal
The Architect/consultant shall only submit one proposal. If a Consultant submits or
participates in more than one proposal, such proposals shall be disqualified. However,
this does not limit the participation of the same Sub-Consultant for the works mentioned at
clause 2.11, including individual experts to more than one proposal.
2.10. Proposal Validity
The Architect agency /consultant tender must remain valid for 120 days after the last date
fixed for submission of tender including the extension(s) given, if any.
2.11. Association of Sub-Consultants (for specialized work)
Architect Agency/Consultant may associate with sub consultant(s) for specialized
works such as HVAC, Lift, Fire-fighting, Landscape etc.
2.12. Clarifications and Amendment of Bid Documents
i) The tenderer(s) if required, may submit queries, if any, through E-mail and in writing
to the tender inviting authority to seek clarifications within 07 days from the date of
uploading of Tender on website. WAPCOS will reply only those queries which are
essentially required for submission of bids. WAPCOS will not reply the queries which
are not considered fit like replies of which can be implied /found in the NIT/
Tender Documents or which are not relevant or in contravention to NIT/Tender
Documents, queries received after 07 days from the date of uploading of Tender on
website, extension of time for opening of technical bids, etc. Technical Bids are to be
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opened on the scheduled dates. Requests for extension of opening of Technical Bids
will not be entertained.
Should WAPCOS deem it necessary to amend the bid document as a result of a
clarification or any other reasons, it shall do so at its discretion.
ii) At any time before the submission of tender, WAPCOS may modify/ amend the bid
document and extend the last date of submission/ opening of the tender by
issuing a corrigendum/addendum.
Any Corrigendum/Addendum thus issued shall form part of tender document and
shall be posted only on WAPCOS website www.wapcos.co.in, www.eprocure.gov.in and
https://www.mstcecommerce.com/eprochome/wapcos the Consultants are thus
advised to update their information by using said website. To give the Consultant
reasonable time to take an amendment into account in their bids and on account of
any other reasonable circumstances, WAPCOS may at its discretion, extend the
deadline for the submission/ opening of the tender.
2.13. Preparation of Bid Proposal
i) In preparing their tender, Architect agency/consultants are expected to examine in
detail the tender document. The tender shall contain technical & financial Bids.
ii) The bid proposals, all related correspondence exchanged by the Architect
agency/consultants & WAPCOS and the contract to be signed with the winning
consultant shall be written in the English language.
iii) Technical Bid Proposal
a) The Technical bid shall not include any financial information. A Technical bid
containing financial information shall be declared non responsive / invalid.
b) The Technical bid may be declared non responsive / invalid, if the bid is not
accompanied by the requisite documents as stipulated in tender document.
iv) Financial bid Proposals
The Financial bid shall not include any commercial or technical condition/information.
Financial offer shall be submitted as per Section-5/excel in Percentage Rate.
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2.14. Submission, Receipt and Opening of bids
i) The original bids (Technical bid and Financial bid) shall contain no
interlineations or overwriting, except as necessary to correct errors made by the
Consultants themselves. The person who signed tender documents must initial such
corrections. Letter for acceptance of tender condition should be submitted in the
prescribed format.
ii) An authorized representative of the Architect agency/consultant shall sign the
Technical & Financial bids. The authorization shall be in the form of a legally
enforceable written power of attorney executed on non-judicial stamp paper of
appropriate value duly notarized and shall be submitted along with bid.
iii) The evaluation of bids shall be done as described in the Section-4 for tenders
invited on Quality and Cost based System.
2.15. Confidentiality
Information relating to evaluation of tenders and recommendations concerning
awards shall not be disclosed to the Architect agency/consultants who submitted the
tender or to other persons not officially concerned with the process, until the publication
of the award of Contract. The undue use by any Consultant of confidential information
related to the process may result in the rejection of its tender and may be debarred
from participating in future tender.
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Section-3
CONDITIONS OF CONTRACT
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CONDITIONS OF CONTRACT
3.1. DEFINITIONS
For the purpose of the agreement, the following words and expressions shall have the
meaning hereby assigned to them except where the context otherwise requires:
i) Approved means approved by WAPCOS’s Engineer-in-Charge in writing including
subsequent confirmation of previous approval and ‘Approval’ means approval by
WAPCOS’s Engineer-in-Charge in writing as above said.
ii) Applicable Law means the laws and any other instruments having the force of
law in India.
iii) Architect agency /Consultant mean any private or public entity that will provide
the Services to WAPCOS under the Contract.
iv) Building shall mean the Construction of proposed building.
v) Contract means the documents forming the tender and acceptance thereof and
the formal agreement executed between WAPCOS and the Architect/Consultant,
together with the documents referred to therein including these conditions, the
specifications, design brief, basic drawings and instructions issued from time to
time by the Engineer-in-Charge and all these documents taken together, shall be
deemed to form one contract and shall be complementary to one another.
vi) Contract Price means the price to be paid for the performance of the Services, in
accordance with Section-5.
vii) Engineer-in-Charge means the Engineer as may be duly appointed and authorized
in writing by WAPCOS to act as “Engineer-in-charge” on his behalf for the
purpose of the contract, to perform the duty set forth in this Conditions of
contract and other contract documents.
viii) Estimated Cost means estimated cost put to tender for inviting financial bid
from the Architect agency/Consultant for Architectural planning, designing, detailing
and construction supervision.
ix) In writing means communicated in written form with proof of receipt.
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x) Language means all documents and correspondence in respect of this contract shall
be in English Language.
xi) Letter of Award (LOA)/Letter of Intent (LOI) shall mean WAPCOS’s letter or
notification conveying his acceptance of the tender subject to such conditions as
may have been stated therein.
xii) Month means English Calendar month ‘Day’ means a Calendar day of 24 Hrs each.
xiii) WAPCOS shall means WAPCOS Limited, a company registered under the Indian
Company Act 1956, with its registered office at 5th Floor, Kailash Building, 26 K.G,
Marg, New Delhi or its Administrative officers or its engineer or other
employees authorized to deal with any matter with which these persons are
concerned on its behalf.
xiv) Owner/Client means the Government, Organization, Ministry, Department, and
Society, Cooperative etc. which has awarded the work / project to WAPCOS and on
whose behalf WAPCOS is entering into the contract and getting the work executed.
xv) Site shall mean the site of the contract/Architectural works including any building
and erection thereon and any other land adjoining thereto (inclusive) as aforesaid
allotted by WAPCOS or the Engineer for the contract’s use.
xvi) Services means the work to be performed by the Consultant pursuant to this
Contract, as described in Bid Document.
xvii) Sub-Consultants means any person or entity to whom /which the Consultant
subcontracts any part of the Specialized Services.
xviii) Writing means any manuscript typed written or printed statement under or over
signature and/or seal as the case may be.
xix) Words imparting the singular meaning only also include the plurals and vice versa
where the context requires. Words importing persons or parties shall include firms
and corporations and organizations having legal capacities.
xx) The headings in the clauses/conditions of contract are for convenience only and
shall not be used for interpretation of the clause/ condition.
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3.2. DESCRIPTION OF WORK
A. The work for which Consultancy Services are to be provided is as below:
i) Preparation of DPR including Survey & Investigation, Tender Documents, Construction
Drawings, approval from statutory authorities & Supervision and Quality Control during
Construction for Construction of Multi-Storied office complex in Odisha.
The proposed site for construction of the high rise building is located in Odisha. The
total area of the plot is 2 (two) acres i.e. South 250'x East 350'. On South side of the
plot, there is a 100' wide road, on East side, there is a 80' wide road and on North &
West side of the plot, there are industrial buildings. The ground is flat and presumably of
laterite soil bed. The ground Water level in the monsoon i s at about 10m from the
existing ground level. Presently there exists a single floor building on the plot where,
Training Center is functioning. The exist ing building is to be demolished before
construction of proposed building so as to get the clear space of 250'X350' area.
ii) During preparation of Survey/preliminary estimates/concept/detailed estimates, if any
new component is required to be added in the Survey/preliminary
estimates/concept/detailed estimates, 3D views, layout plans as per requirement of
Client/ Govt. Authorities/ WAPCOS/State /Central Govt., the same shall be made part of
Survey/preliminary estimates/concept/detailed estimates without any cost implication.
The actual completion cost of the project or DPR /preliminary cost approved by
WAPCOS/Client or Estimated cost of the project put to tender shall not include the
following:
a) Cost of land, if any.
b) Payment to statutory bodies/local authorities/Green Building Certification
Authorities/State/Central Government.
c) Any fee, deposit and payment towards services rendered by local
d) Authorities/State/Central Govt.
e) WAPCOS agency charges.
f) Contingencies charges
g) Escalation in tendered cost of work due to variations in the cost of labour,
material, specifications etc. shall not be paid
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h) Extra/substituted items, deviations (plus/minus)
iii) The consultant shall also prepare & submit a Survey/preliminary estimates/
concept/detailed estimates incorporating all short comings / fresh requirements/ missing
details and shall get approval of the concerned authorities on the same. The detailed
scope of work is explained in the following paras:
B. SCOPE OF WORK:-
To carry out preliminary survey of the area and study all available documents and
prepare a methodology to take up the planning, design and subsequent supervision.
To present the preliminary project report to the Client/WAPCOS and after discussion
shall finalize the same. Then, to carry out detailed engineering studies and prepare the
final planning & design. The detail project report shall also include preparation
of detailed cost estimate, BOQ, specifications, work programme & bid documents.
To take all the action for getting the drawings/designs approved from the statutory
authorities in time.
To process and finalize the tender for executing the work.
Assistance to WAPCOS for Tender Queries and Evaluation.
To prepare the construction drawings and approval from relevant authorities.
Vetting of Structural Design by Structural Design Department of IIT or reputed Govt.
Engineering Colleges.
Supervision of construction work including quality control.
Issue of structural stability certificate at the end of all works.
All necessary statutory approvals and clearances.
i) The DPR shall include but not limited to the following:
a) Detailed Layout of Scheme of a particular Length/Section/sector/showing various
components of (related to present work) will be shown on drawings.
b) Report of topographical survey/contouring, all field investigation, collection of
required data from the town, from Local bodies/ Govt. agencies, Sample collection
and their testing and Record of levels/level chart etc.
c) Detailed report on Geo-technical & its findings and results as per prescribed norms.
d) Ultimate disposal point, intermediate rain water harvesting system etc.
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e) Technical Parameters covering the followings:
Detailed Architectural, structural, & flowchart drawings.
Designs details duly certified by WAPCOS/Local bodies Govt. Agencies/Vetting
Agencies. The design details shall be got proof checked, if so ordered by Local
Municipal Corporation Authorities/State/WAPCOS/Central Govt. from any of
the IITs/ Regional Engineering Colleges/Institution/ nominated by Owner.
Detailed specifications of each work.
Quality assurance scheme giving details of equipments and tests to be carried
out with their frequency keeping IS Codes in view.
Format for monitoring progress during construction stage.
Bills of quantities duly priced. All estimates shall be prepared on the basis of
Central/state schedule of rates, norms wherever applicable and on the basis of
market rate analysis where Central/state schedule of rates etc. are not
applicable. These estimates should be comprehensive and should include for all
items. Detailed analysis for the item not included in state schedule of rates/DSR
etc. shall have to be submitted. In case of Market rate items, detailed analysis
along with quotations from manufacturers/authorized dealers is to be
submitted.
To update the Survey/preliminary estimates/concept/detailed estimates
incorporating suggestions and missing details/facilities etc.
To prepare & submit required set of Tender Documents, Tender Drawings,
BOQ, Estimates, Specifications etc.
To prepare & submit good for construction drawings & visit the sites of work
regularly as per requirement of Local bodies Authorities/WAPCOS/State/Central
Govt. to solve the problems of site & issue necessary clarifications/details of the
Project.
Design Calculations for all the components of the schemes including getting
approvals from the concerned authorities.
Detailed Structural Drawings/Design Calculations for all the components of the
scheme including getting proof checking if required by WAPCOS/Owner.
Detailed Electrical/Mechanical Drawings/Design Calculations for all the
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components of the schemes including getting approvals from the concerned
authorities. Detail load calculations for Electric Power & HVAC loads are to be
submitted.
Detailed Technical specifications for all the non-scheduled items proposed in
the schemes.
Project/Buildings has to be conceptualized & designed following Green Building
Norms.
Any other drawings/information’s/details required for completion of
Survey/preliminary estimates/concept/detailed estimates for execution of work
but not mentioned above.
Justification of rates for all the items (Schedule and non-schedule) on the basis
of market rates in the area of subject site supported with quotations.
ii) It is necessary that the building be planned to meet the functional aspect, structural
adequacies, safety and aesthetics. The following needs to be factored into planning and
designing of the building.
a) The storm water drain is feasible to the south side and drains have to be constructed
by the side of existing road. The drains shall be aligned along the road and shall cross
the road to connect the drain as per the local condition.
b) It is necessary to follow the prevalent guidelines of Bhubaneswar
Development Authority BDA (planning & building standards) Regulations, 2018 &
other building codes for planning of the building. Being a multistoreyed
building, it may be required to place Antenna over the building for which
clearance from Air Port authority may be required.
c) It should be compliant to Bhubaneswar Development Authority (BDA) norms i.e.
the building should have optimum floor area as per FAR in addition to
adequate parking space in the basement area as per BDA norms. Similarly,
maximum height of the building shall be in accordance with BDA guidelines.
- Fully Furnished Training Center: Based on existing 10,000 sqft area.
- Fully Furnished Trainees' Hostel: For 50 trainees and dignitaries.
- Fully Furnished Transit House : Four DB rooms + Lobby
- Fully Furnished Conventional Center with a maximum capacity possible with
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minimum 600-800 persons, Canteen, Toilets, Washroom etc.: For 300 employees.
- Fully Furnished office space for Client’s as per requirement.
d) The building should be in conformity with “Green building” concept/design as
per approved standard while making adequate provision for all facilities &
utilities as required for the office building.
e) Robust fire fighting arrangement with the fire escape.
f) Adequate ventilation.
g) Fire alarming system
h) Lightening Arrestor.
i) 100% Power back up system.
j) Rain water harvesting to recharge the ground
k) Central A/C plant and AHU in each floor.
l) Passenger lift and service lift.
m) Adequate service space.
n) Ducts to accommodate communication cables, power lines, sewer lines, water
supply lines, A/C ducts, pipes for fire fighting.
o) Drainage facilities.
p) Parking area.
q) Circulation space & internal roads.
r) Detailing of particular floor for requirement of Client shall be done by Consultant
iii) The building shall be utilized for office purpose as well as other purpose as per the
requirement of CLIENT and therefore the basic requirement of such offices requires to be
integrated in to the planning.
a) All the floors shall have Desktops and therefore should have a dedicated UPS room.
Connecting wires from the UPS are normally preferred to be laid under false
flooring.
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b) Each floor shall require a server room to house the servers. It is preferred to have
the office centrally air conditioned through ducts on the ceiling, that will necessitate
false ceiling. It is also noticed that the Offices generally plan their details depending
on their requirement. Therefore the height of each storey is dictated by the
requirement to accommodate the service facilities. The planning shall include the
basic safety necessities pre-located on each floor so that the very concern of the
safety is not violated.
iv) The scope of work further includes the following:
a) Consultant shall prepare estimated cost of various items of the work as required by
CLIENT based on OPWD/ CPWD /CEA/ CWC/CBIP/ GOI guidelines.
b) In case at detailed design / execution stage, if there is a change in this estimated
cost, Consultant shall submit the details of the same with the supporting documents
for technical & administrative approval of Client".
c) The Consultant shall take detailed brief of the project from the Client including
the control layouts of the structure and other details regarding the important
features to be provided in the various facilities to facilitate his work.
d) The Consultant shall submit 3 (three) alternative plans, elevations, perspective views
and internal layout of the proposed Office for consideration of the Client.
e) The Consultant shall incorporate suggestions, modifications or alterations as
desired by the Client in order to facilitate final selection of the layout and
other details by the Client.
f) The Consultant shall submit plans, elevations, sectional & perspective views of
the selected alternative in all details showing interior layout of each facility on a
scale of 1:100.
g) The Consultant shall submit minimum 3 (three) alternate models of the
building including landscaping.
h) The scope also includes making three alternate presentations to Client by use
of "3D Walk Through" or "Still Perspectives". The modifications I suggestions
made during such presentations shall be incorporated in the final drawings.
i) The Consultant may be required to make comprehensive presentations before
the officials of the Client at various stages to explain the concepts and
detailing in order to facilitate approvals of the schemes.
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j) The Consultant shall incorporate any suggestions, modifications or alterations in
the details after deliberations with the Client & submit revised drawings/schemes
to the Client for final approval.
C. DETAILED PROJECT REPORT, BOQ, DRAWINGS
i) On award of work, the Consultant shall be responsible to start the work immediately
take up preparation of detailed Engineering and working drawings of different
building / structures in phases as per the priority fixed by WAPCOS/OWNER and get
the drawings so prepared, approved from the Competent authority of
WAPCOS/OWNER/local authorities so that simultaneously work could be started
without loss of time. As such consultant shall ensure to get all the
architectural/working drawings approved from competent authority of
WAPCOS/OWNER/local authorities in planned phased manner and the corresponding
details prepared by all means.
ii) The scope of work shall include detailed structural design of the building and issue
of detailed working construction drawings for the same. Structural Design as
such should be vetted by Structural Design Dept. of IIT or reputed Govt.
Engineering Colleges.
iii) Preparation of detailed bill of quantities covering all items of work to be carried out
under various packages detailed technical specifications and detailed cost estimates
for all the tender packages including rate analysis of individual items of work and
submit the same to the Client.
iv) The rate analysis shall be carried out based on OPWD/CPWD/actual market rate
survey and the bill of quantities for various items with take-off sheets, supporting
documents for which shall also submitted to the Client.
Incase at tendering/execution stage, if there is a change in the estimates cost of
DPR, Architect/Consultant shall submit the detailed justification along with the
supporting documents for technical and administrative approval of WAPCOS/Client.
v) Preparation of drawings for all items of work in all details and calculate the bill of
quantities accurately and show all construction details & elements necessary for
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executing the individual items of work. Execution drawings are to be prepared on
the scale of 1 :50 or as per requirement.
vi) Preparation of the preamble to schedule of rates detailing all works deemed to be
included in the rate analysis of each items.
The consultant shall discuss all the points/shortcomings/new requirements, if any
with the Local bodies/ Govt/ Authorities/WAPCOS/ State/Central Govt. and shall
take their concurrence on all the observations.
vii) If any new component is to be added to the scheme, the consultant shall collect all the
data, shall get done all the surveys/investigations/tests required for the
planning/designing of additional component and nothing extra shall be payable on this
account.
viii) Undertaking site visits or to attend meetings to collect details/data/information
required for planning purposes, holding necessary discussions with WAPCOS/Clients
representatives/local bodies and obtaining requirements of the Project and attending
meetings with officials of Local bodies/Govt. Authorities/State/WAPCOS/Central Govt.
or any other agency, as and when required shall have to be borne by the consultant
and shall be covered within his quoted/negotiated fees and nothing extra shall be
payable on this account.
ix) Undertaking site visits or to attend meetings during execution of the project to ensure
adherence of execution as per detailed drawings and specifications, including sorting
out problems and issue necessary clarifications at site including preparation &
submission of additional drawings and details for proper execution of work at site shall
have to be borne by the consultant and shall be covered within his quoted/negotiated
fees and nothing extra shall be payable on this account.
x) Carrying out all modifications / deletions / additions / alternations /in design / drawing
/ documents as required by Local bodies Authorities/State/ WAPCOS/ Central Govt. or
any other authorities as applicable for proper execution of works at site till completion
and handing over of the project to the client.
xi) While preparing construction drawings, Consultant shall ensure that all items of
works in all details are in accordance with relevant standard codes of practice
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and sound engineering to enable individual construction contractors to complete
construction without the need of any further detailing by the construction
contractors. In other words, individual construction contractors will not be
required to make any drawings or supply any details and all details are to be
supplied by Consultant.
xii) All construction drawings are required to be released along with the package
wise tender documents and hence should be prepared in advance. However, some
construction drawings may also require to be prepared by Consultant on continuous
basis during execution of interior work.
xiii) Consultant shall plan, design and provide full details of all utility services like water,
electricity, sanitation scheme, fire hydrant system required as per the regulations in
force. Consultant shall give complete details along with drawings for execution of
work.
xiv) Electrification scheme shall cover all HT & LT electrical works, sub-station power
connection, switch rooms, site illumination, rising main, power/lighting distribution
up to work table, all requirements related to interior etc.
xv) Water supply scheme shall cover water connections, under ground /semi under
ground storage tank, pumping arrangement and pipeline connections.
xvi) Planning, designing and preparation of detailed working drawings for site
development shall also include landscaping, surface drainages etc./ internal roads/
two/four wheeler parking/ Communication System /Lifts I Overhead Water tank etc.
xvii) Consultant shall be required to prepare PERT chart to monitor the progress of
work on fortnightly basis.
xviii) The consultant shall get approval of DPR/preliminary estimates/ concept/detailed
estimates from OWNER/WAPCOS/ Local bodies Govt. Authorities/State/Central
Govt./any other authorities as applicable. The suggestions/modifications etc. shall be
incorporated by the consultant and shall get final approval on the DPR from all the
concerned authorities.
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xix) Structural Stability Certificate shall be furnished by the Consultant at the end of all
works.
xx) Consultant shall obtain all statutory approvals, like, environment clearance from
Odisha State and MOEF, New Delhi, Chief Fire Officer, Civil Aviation, BOA Approval,
Commencement Certificate from BOA, Sewerage, Storm Water, Malaria approvals
from Bhubaneswar Municipality Corporation and all other relevant approvals as
applicable/required for commencement of work, during construction stage and
occupancy certificate on completion of work.
xxi) Besides, statutory approvals shall also include clearances for lift and power
connection, installation of DG Set, water supply connection, sewerage, HVAC,
NOC from CFO after obtaining commencement certificate.
xxii) For all statutory clearances, Consultant shall assist in providing design/ technical
clarification to facilitate the approval process.
xxiii) Payment of statutory fees regarding approvals will be made/ reimbursed to
Consultant by Client against documentary evidence.
xxiv) Supervision of work till completion of the work.
xxv) Any other relevant services which are not specified in the tender document shall also
be carried out by Consultant for successful completion of the job.
D. TENDER DOCUMENTS
i) Consultant shall prepare tender for all the works. The tender document may
consist of:
a) Particular conditions of Contract.
b) General Conditions of Contract.
c) Special Conditions of Contract.
d) Technical Specifications.
e) Schedule of items & rates indicating quantities for individual items in
which tenderers will be required to submit their quotations.
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f) Complete set for construction/working drawings.
g) Preamble to schedule of quantities.
h) Any other document required to be included in the tender.
ii) While preparing the tenders, Consultant will be required to check that all items
to be procured are included in the 'List of approved Makes' given in the
respective tenders.
iii) Detailed cost estimates of the tender along with rate analysis of individual items
of work duly supported by necessary documents and quantity "take-off' sheets
should be handed over to the Client separately.
iv) All design shall be carried out as per latest relevant IS/BIS standards.
v) Preparation & submission of Tender Documents / Tender Drawings comprising BOQ /
Estimates, particular specifications etc. as required by WAPCOS/Client.
vi) Preparation & submission of adequate no. of Detailed Designs calculations/ BOQ/ good
for construction drawings for all the components of the schemes as per requirement of
WAPCOS. The structural design shall have to be done on STAAD-PRO software (latest
version) or any other standard software in consultation with WAPCOS/Client.
vii) All designs/drawings required should carry sufficient details/drawings to enable
WAPCOS/Client to get the work executed on item rate basis.
viii) Preparation & submission of models and perspective views of the complete scheme as
per requirement of WAPCOS/Client.
ix) The consultant shall prepare and give presentations on the schemes as and when
required by WAPCOS/Client.
x) Preparation & submission of any other item not mentioned above but required for
completion of DPR/for execution of The Project as per requirements.
xi) The draft documents prepared by Consultant shall be first submitted to Client.
Any changes or corrections recommended by the Client shall be incorporated
in the documents by Consultant who shall submit the final approved tender
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documents. Consultant shall submit the soft copies in addition to the hard copies
(4 nos.) of all documents/drawings.
xii) Attending pre-bid meetings (if any), furnish technical explanation/ clarifications
to the tenderers on specific queries by the tenderers during pre-bid meetings,
support in evaluation of the bids as per the terms & conditions of the tender.
xiii) Consultant is required to recommend at least three makes for every
material/fitting proposed to be used in the work. The quality and the price
of the recommended makes should be comparable to each other and be the
best available in the market.
xiv) The list of Approved Makes' is required to be finalized before proceeding with
the rate analysis and detailed estimation.
E. SITE SUPERVISION AND COORDINATION MEETINGS:
i) The following coordination meetings shall be held for effective implementation of
the project:
a) There shall be regular fortnight meetings wherein representatives of the
Client and Consultant shall remain present to review the progress and other
aspects of the work till the award of work to Construction Contractor.
b) After award of work, fortnightly meetings shall be held at site along with
construction contractor's representative to achieve desired level of
coordination for project implementation & completion.
c) A monthly progress report shall be submitted to the Client/WAPCOS in the
last week of every month, starting from the award of consultancy work,
giving the status of each activity in all details including status of individual
activities within their organization such as planning, design, detailed
engineering and tender preparation, execution, supervision etc.
Supervision of Site Activities: Consultant shall nominate the Team Leader to
be its Representative'. He will be the overall in-charge of Consultant during
preparation of DPR and at site. He will interact with the WAPCOS In-charge as well
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as with the Client on routine basis. The Team Leader shall discharge all the duties
and responsibilities of Consultant' Representative.
ii) The DPR & supervision team will be composed of highly qualified and
experienced key experts.
iii) Consultant shall also give utmost priority to Quality Assurance during construction.
iv) Consultant is required to develop the project design and drawings. In situation
where it is felt essential to make some changes in the design/drawings, Consultant
shall undertake the same. Proof checking of the construction
contractors/manufacturer's designs in the case of specialized work will be the
responsibility of Consultant.
v) The dates of actual deployment of experts not provided on full time basis shall be
regulated by the employer on the basis of actual project requirement to
ensure that these experts are deployed when needed and not otherwise.
vi) There are certain positions of key expert like Building Engineer, Quality Surveyor
and Quality Monitor where deployment of suitable personnel is considered
essential for successful completion of the project. Consultant is therefore advised
to deploy/field truly competent and experienced experts at these positions.
vii) Consultant shall depute all the personnel in construction activity at site for a total
period of construction which is expected to be 24 months.
viii) Experts in the field of Electrical, HVAC and interior as and when required as per
execution schedule should be deployed by Consultant. Site engineers should be
present at site during working hours including holidays when work is in progress.
Consultant shall make alternate arrangements for any level/holiday for their
employee. Expert from the respective field as per the progress of various works shall
also be posted as and when required in consultation with Client. Bio data for the
site team shall be approved by Client. The date of start of supervision activity
will be taken from the date of commencement of work for the first work order at
site. In case, there is no activity at site due to supervision of work for any
reason, supervision period will be extended accordingly without any cost to Client.
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ix) The Role of Consultant's Site Engineers will be to check making for layout of
building and various equipments, check dimensions of various structures of
building, to check quality of work as per approved drawings & QAP, to check all
quality control records, inspection of material brought to site for execution, to
enter & to assist in certify the measurement of work in Measurement Book and Bills,
to maintain all records as per the WAPCOS/Client requirements, to attend site
meetings with construction contractor.
x) Preparation & submission of completion reports, Operation & maintenance manual,
completion as built drawings and documents for the project as required and
acceptable to WAPCOS and Clients/local bodies/or any other authorities
applicable including getting ‘completion certificate/occupancy certificate’ from
concerned authorities, if required.
xi) The documents/drawings as stated above shall be submitted in adequate nos. as per
requirements of WAPCOS/Client in hard as well as soft copies.
xii) Obtaining approval from any statutory body/local authority/local Govt. Body like
Pollution Control Board etc. as applicable to this project for execution of work or for
designs/drawings of the scheme.
xiii) Consultant has to ensure the availability of his representatives (Architect/Structural
Engineer/ Electrical, Environmental, HVAC etc. Engineers) to provide day to day
clarifications & interaction with WAPCOS/ Client officials as & when required at site.
F. QUALITY AND PROGRESS OF WORK
i) Consultant will submit detailed PERT Chart and other comprehensive reports, listing
its own activities and also works to be carried out by other Contractors/Agencies for
the final completion of project. Such Reports/PERT/Bar Charts, shall be duly updated
on a monthly basis along with recommendations to crash completion periods
indicating related costs, if any.
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ii) Consultant will be required to carry out regular safety audits at site with a view to
ensure adoption of safe construction practice by the construction contractor & take
up with them for each case of unsafe construction practice.
iii) QAP details for use at site during execution of works.
iv) Material/Equipment which are required to be tested at factory before dispatch to site,
the same shall be witnessed by Consultant, if required by Client, reviewed and given
clearance for dispatch to site by Consultant.
3.3. PAYMENT OF REMUNERATION:
i) Remuneration
The fee includes the services required as per the Tender Document, manpower charges,
travel expenses towards supervision, for attending meetings with WAPCOS/Clients/ visits
to local authorities, etc. by the Consultant and or by their technical persons. The fees
should also include cost of providing local representative (Architect / engineer) for day
to day liaisoning and all expenses shall be borne by the consultant. In case of non-
deployment, recovery @ Rs. 25000/- per month shall be made from the running bills of
the Consultants.
All payments shall be made in Indian currency only.
a) The Consultancy Fee:
WAPCOS agrees to pay the Architect agency/Consultant fees for the services to be
rendered by them as herein above described in “Scope of Work” of section-3.
The payment of fee to the Architect agency/consultant shall be restricted to
the project cost. For the purpose of payment of fees, the project cost shall be
lowest of the following:
The actual cost of the project on completion; or
DPR /preliminary cost approved by WAPCOS/Client; or
Estimated cost of the project put to tender.
b) The above fee at 3.3 i) (a) is inclusive of fee payable by the consultant to any
other consultant/Associate(s) and nothing extra shall be payable by WAPCOS for
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this purpose. The GST payment to consultant shall be reimbursed subject to
submission of proof of payment of GST.
ii) Terms of Payment:
a) Milestone payment schedule for various activities are as under:
Initial Deposit - 5% on submission of Bank Guarantee for equivalent amount
Submission of Design, Drawings and Draft DPR – 5%
Submission of approved drawings – 10%
Submission of detailed estimate and final DPR – 15%
Approval of Tender Documents and issue of NIT – 10%
Award of Work to Contractor – 5%
Quarterly payments to the Contractor as per the project duration on Pro-rata
basis – 55%
5% initial deposit will be set off from each bill on pro-rata basis.
Note:
1. All payments will be released after receipt of payment from Client by WAPCOS.
2. All the works to be carried out by the successful bidder under the supervision of
WAPCOS and officials of Client and verified by Project Manager, WAPCOS.
3. GST will be released on submission of Proof of deposit/challan.
4. All the payments due to the consultant shall be made online and no cheques/ draft
shall be issued.
3.4. ESCALATION/PRICE VARIATION:
No claim / additional fees on account of any price variation/Escalation on whatsoever ground
shall be entertained at any stage of works. Quoted percentage shall be agency and fixed for
entire contract period as well as extended period for completion of the works.
3.5. EFFECTIVE DATE OF WORK:
i) The effective date of work will be considered from 10th day from issuance of LOA.
ii) The architect/Consultant has to submit detailed program of the work as per the below
mentioned guidelines within 10 days from the date of commencement of the work. The
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time schedule submitted by the architects shall include time for obtaining required
approvals, completion certificate etc. from local bodies. However, if delay is caused by
the local bodies beyond reasonable control of the consultant, the department may
consider such delays favorably.
3.6. TIME OF COMPLETION/SCHEDULE:
Design Phase: 4 Months
Construction and Supervision Phase: 24 Months
Sl. No. Activity Time period
1. i) Taking project brief from the Client,
preparation of preliminary alternative plans
(3 alternatives), soil investigation & other
details as required by the Client.
ii) Incorporation of suggestion, modifications
etc. & submission of revised alternatives
with sectional & perspective views, in
sufficient details to facilitate final choice by
the Client.
iii) Preparation of detailed plans, elevations etc.
of selected alternative showing interior
layouts of each facility & individual spaces
including conducting complete soil
investigation as required for designing the
buildings.
iv) Incorporation of suggestions, modifications
etc. and submission of revised
drawingsIschemes. During final approval,
in case certain changes are suggested, the
same shall be incorporated in revised
drawings.
v) Preparation and approval of schedule of
finishes.
within 45 days from effective
date.
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vi) Preparation & submission of drawings and
documents required for statutory approval
2. On preparation & submissions of drawings
/documents as required by various statutory
authorities and obtaining all necessary approvals
related to the construction of Multistoried
Building.
a) Environmental clearance from statutory
authorities.
b) Chief Fire Officer.
c) Civil Aviation.
d) BDA approval.
e) All construction approvals from statutory
authorities.
All original approvals are to be handed over to
WAPCOS/Owner. The list given above is only
indicative, however the Bidder shall be required
to obtain all necessary statutory approvals
required for construction of building.
within 60 days from effective
date.
3. Final DPR (6 hard copies + 2 soft copies) for
approval of Client.
within 15 days after receipt
of observation from Client on
draft DPR
4. On preparation of tender documents along with
detailed specifications, drawings including
Structural Design of Building, RCC drawings, BOQ
with take off sheets, cost estimates with rate
analysis and on approval by Client thereof, for the
following packages :
i) RCC Design / foundation / civil works.
ii) HT & LT Electrical works.
iii) Plumbing, Sanitary work.
within 30 days from approval of
DPR.
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iv) Fire Alarm & fighting work,
v) Exterior facade.
vi) Lifts.
vii) HVAC.
vii) Interior work including furniture
viii) Telephone & LAN work.
ix) Canteen equipment & furniture.
x) Building Management system.
xi) Access control system.
xii) Landscaping and horticulture.
xiii) Miscellaneous works such as special
equipment for training hall, conference
hall, pantry, storage racks, EPABX, rain
water harvesting. Client’s logo etc.
5. Tendering action, pre-bid meeting, finalization of
tender, award of work
within 60 days from
approval of DPR.
6. Execution, Project monitoring and supervision
services for the work including completion
report.
within 2 years of
placement of award of work
to the Construction contractor
/ time approved by client in
DPR.
i) The overall completion period for the execution of this project from the effective date shall
be mentioned in NIT.
ii) If at any stage, the Project has been delayed by the acts of Client/funding authorities
or by the deployed contractor for the work, nothing extra shall be payable to the
consultant. However suitable extension of time for completion of work shall be granted
accordingly.
3.7. ADDITIONS, ALTERATIONS AND VARIATION:
i) WAPCOS shall have the right to request in writing for additions alterations,
modifications or deletions in the design and drawing of any part of the work and to
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request in writing for additional work in connection therewith and the consultants
shall comply with such requests without any extra cost.
ii) No extra payment shall be made to Consultant by WAPCOS on account of such Additions
& Alterations as enumerated above, provided the total built up area remains same.
iii) The consultant shall not make any material deviation, alteration, addition to or omission
from the work except without first obtaining the written consent of WAPCOS.
iv) If the work in full or part is withdrawn from WAPCOS by the Client, the same shall be
withdrawn from the scope of consultant and proportionate consultancy fee shall be
paid only upto the stage for which the consultancy work has been completed subject to if
it has been paid to WAPCOS by Client and the consultant shall have no further claim
whatsoever on this account on WAPCOS/Client.
v) If any additional works are awarded by the client, and if WAPCOS desires, the consultant
shall carry out additional work. However this will be considered subject to the
satisfactory performance of the consultant and the consultancy fee shall be
calculated as per payments decided by WAPCOS/Client and the consultant shall
have no further claim whatsoever on this account of WAPCOS/Client.
3.8. TAXES
i) All taxes, income tax and any other leviable tax (except GST) in connection with the
execution of the contract levied by the statutory Authorities/State/Central Govt. of
India/State Govt. or any local authorities on the consultant in accordance with the
applicable law shall be borne by the consultant and are deemed to be included in their
bid price. The tenderers shall note that the Tax Deduction at Source (TDS) as per
applicable law shall be made from the payments due/made to the consultants and which
shall not be reimbursed.
ii) The GST as applicable shall be reimbursed by WAPCOS on actual production of receipt of
deposit. However, consultant has to mention GST Number in the invoice and amount of
GST should be shown separately in the bill as per GST Rules as applicable from time to
time.
iii) Any enhancement of taxes/duties (except GST) by the authorities/Government of
India/State Government, during currency of this contract shall be borne by the
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Consultant only and which shall not be reimbursed by WAPCOS.
3.9. Performance Guarantee
i) For the due performance of the contract in accordance with the terms and conditions
specified, the consultant shall on the day or before signing the contract, furnish performance
Guarantee in the prescribed format of WAPCOS from a Nationalized/Scheduled Bank to the
extent of 5% of the value of total consultancy fees of consultant (at this stage it shall be
worked out considering the estimated project cost). The Bank Guarantee shall remain valid till
stipulated time for completion of work plus 90 days.
ii) The Bank Guarantee shall be in favour of WAPCOS Limited, payable at New Delhi / Gurugram.
The Bank Guarantee should be (in the prescribed format of WAPCOS) issued from any
Nationalized Bank /Scheduled Bank.
iii) It is expressly understood and agreed that the performance Guarantee is intended to
secure the performance of entire contract. It is also expressly understood and agreed that the
performance Guarantee is not to be construed to cover any damages detailed/ stipulated in
various clauses in the Contract document.
iv) The performance Guarantee will be discharged by WAPCOS and returned to the Architect
agency/consultant after successful physical completion of the project at site and
submission of completion drawings and documents to WAPCOS and statutory bodies.
v) WAPCOS reserve the right of forfeiture of the performance guarantee in additions to
other claims and penalties in the event of the consultant’s failure to fulfil any of the
contractual obligations or in the event of termination of contract as per terms and
conditions of contract.
vi) Should the stipulated time for completion of work, for whatever reason be extended, the
consultant, shall at his own cost, get the validity period of Bank Guarantee in respect of
performance security furnished by him extended and shall furnish the extended / revised
Bank Guarantee to WAPCOS before the expiry date of the Bank Guarantee originally
furnished.
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3.10. COMPENSATION FOR DELAY:
i) The time allowed for carrying out the work as specified in clause 3.4 shall be strictly
observed by the consultants and shall be deemed to be the essence of the contract on
the part of the consultants. The work shall throughout, the stipulated period of the
contract, be processed with all diligence.
ii) The Consultant will be required to complete the entire job within stipulated time. No
extension of time for completing the same shall be given owing to any variations
made in the works by the orders of the clients, unless the clients in consequences
of such variations extends the time allowed to WAPCOS for the completion of
the works.
iii) In case the Consultant fails to complete the work within the Contract period or
extended period as above owing to reasons attributable to Consultant, liquidated
damages @ 1% per week of the total fees subject to a maximum of 10% of the total
fees payable shall be levied on the Consultant. WAPCOS shall be entitled to deduct
such damages from the dues that may become payable to the consultant. If the
work is held up at site due to non- availability of Drawings/Specifications/Other
Details as per mutually agreed schedule penalty, proportionate to the value of the
work which is held up, shall be imposed on the consultant.
3.11. ABANDONMENT OF WORK:
i) That if the consultant abandon the work for any reason whatsoever or become
incapacitated from acting as consultants as aforesaid, WAPCOS may make full use of
all or any of the drawings prepared by the consultants and that the consultants shall
be liable to refund any excess fees paid to them upto that date plus such damages as
may be assessed by WAPCOS.
ii) If at any time after start of work, the client decides to abandon or reduce the
scope of work for any reason whatsoever and hence not required the whole or any
part of the works to be carried out, WAPCOS shall give notice in writing to this effect
to the Consultant and the consultant shall have no claim for any payment of
compensation, or otherwise whatsoever, on account of any profit or advance which
he might have derived from the execution of works in full but which he did not
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derive in consequence of the foreclosure of the whole or part of the work.
iii) If at any time after award/start of work, the client decides to abandon or reduce the
scope of work for any reason whatsoever and hence not require the whole or any part
of the works to be carried out, WAPCOS shall give notice in writing to this effect to the
Consultant and the consultant shall have no claim for any payment of
compensation, or otherwise whatsoever, on account of any profit or advance which
he might have derived from the execution of the works in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work.
3.12. TERMINATION:
i) WAPCOS without any prejudice to its right against the consultants in respect of any
delay or otherwise or to any claims or damages in respect of any breaches of the
contract and without prejudice to any right or remedies under any of the provisions
of this contract may terminate the contract by giving one month’s notice in writing to
the consultants and in the event of such termination, the consultants shall be
liable to refund the excess payment, if any, made to them over and above what is
due in terms of this agreement on the date of termination. WAPCOS may make full
use of all or any of the drawings prepared by the consultants.
ii) In case due to any circumstances, WAPCOS decides to curtail the scope of work or totally
abandon the work, the payment to the consultants would be made based on Clause 3.3
above and approved preliminary estimate or estimated cost or awarded cost whichever is
less up to the stage of work executed by him immediately before taking such a decision,
provided equivalent payment is made by the client to WAPCOS.
3.13. NUMBER OF DRAWING SETS ETC. AND COPYRIGHT:
The Consultant shall supply free of charge to WAPCOS, the adequate no. as specified
elsewhere of following documents in soft (editable format) as well as hard copy.
S. no. Description Quantum and Size
1. All survey reports (Soil investigation, Geo-
technical & Topographical etc.) in original
As required by WAPCOS/Client
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2. Preliminary Concept report with preliminary
estimates
Copies as required by
WAPCOS/Client
3. Detail Project Reports with coloured drawings. Copies as required by
WAPCOS /Client 4. All the Drawings and estimates to be
submitted to clients.
Copies as required by
WAPCOS/Client
5. Complete detailed design calculations
(structural and other services) including supply of
drawings incorporating subsequent modifications
and duly vetted by IIT/ reputed Government
Engineering college.
As required by WAPCOS/
WAPCOS/Client
6. All working drawings for all the components
(Good for Construction Drawings).
As required by WAPCOS/
WAPCOS/Client
7. Detailed estimates and rate analysis of all works. As required by WAPCOS/
WAPCOS/Client
8. Justification of rates for all the items (Schedule and
non schedule) on the basis of market rates in the
area of subject site supported with quotations.
As required by WAPCOS/
WAPCOS/Client
9. Completion drawings and detailed documents. As required by WAPCOS/
WAPCOS/Client
10. Tender documents/tender drawings as per
WAPCOS requirements.
As required by WAPCOS/
WAPCOS/Client
11. Fabrication Drawings of all equipments if any. As required by WAPCOS/
WAPCOS/Client
12. As built drawings and complet ion report after
completion of project.
As required by WAPCOS/
WAPCOS/Client
13. Monthly Project Reports As required by WAPCOS/
WAPCOS/Client 14. All Permissions/Approvals As required by WAPCOS/
WAPCOS/Client 15. Any other Report/Work, if required by Client As required by WAPCOS/
WAPCOS/Client The Consultant shall supply free of charge to WAPCOS all the estimates, details of
quantities (BOQ) detailed designs, reports and any other details envisaged under this
agreement, including drawings architectural, structural, electrical, air conditioning or
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other services (internal and external) would be supplied by the consultants as indicated
above. All these drawings will become the property of WAPCOS. The drawing cannot be issued
to any other person, firm or authority or used by the consultants for any other project. No
copies of any drawing or document shall be issued to anyone except WAPCOS and authorized
representative of WAPCOS.
3.14. DETERMINATION OR RESCISSION OF AGREEMENT:
WAPCOS without any prejudice to its right against the consultant in respect of any delay by
notice in writing absolutely may determine the contract in any of the following cases:
i) If the consultants being a company shall pass a resolution or the court shall make an
order that the company shall be wound up or if a receiver or a manager on behalf
of the creditor shall be appointed or if circumstances shall arise which entitle the court
or creditor to appoint a receiver or a manager which entitles the court to make up a
winding order.
ii) If the consultants commit breach of any of the terms of agreement.
When the consultants have made themselves liable for action under any of the clauses
aforesaid, WAPCOS shall have powers :a) to determine or rescind the agreement b) to
engage another consultant(s) to carry out the balance work at the risk and cost of
the consultant and debiting the consultant(s) the excess amount, if any, so spent .
In case contract of consultant is determined, the Performance Guarantee and Advance
Bank Guarantee of the consultant shall stand forfeited. The decision of WAPCOS in this
regard shall be final and binding on the consultant.
3.15. RESPONSIBILITIES FOR ACCURACY OF PROJECT PROPOSALS
i) The Consultant shall be responsible for the accuracy of the technical / financial data
collected and the designs, drawings, quantities and estimates prepared by him as a part
of the project. He shall indemnify WAPCOS & Client against any inaccuracy in the work,
which might surface out at the time of ground implementation of the project. In such
an eventuality, the consultant will be responsible to correct the drawings including re-
investigations etc. as required without any extra cost implication on WAPCOS.
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ii) The Consultant shall fully indemnify WAPCOS from and against all claims and
proceedings for or on account of any infringement of any patent right, design, trade
mark or name or other protected rights in respect of any construction plant, machinery
work or material used for or in connection with the work or temporary works.
iii) WAPCOS reserves the r i g h t to award the work of one or more sectors/area to one
or more consultant. Nothing extra shall be paid on this account. Further the payment
of consultancy fees shall be regulated as mentioned under the Clause 3.3 ii) “Terms of
Payment”.
3.16. FORCE MAJEURE CLAUSE
Consultant/Consultancy shall be granted extension of the completion date without any
financial repercussion to cover the delay caused by the circumstances viz. incidence of war,
invasion, revolution, sabotage, work shutdown imposed by Govt. agencies or legislature or
other authorities, act of God, epidemics, fires, earth quakes, floods explosions, accidents, sea
navigation blockages or any other acts or events whatsoever which are beyond the
control of WAPCOS and which shall directly or indirectly prevent completion of the works
within the time specified in the agreement. This Force Majeure Clause shall be applicable
only if extension of the completion date is granted to WAPCOS by client.
3.17. WITHHOLDING AND LIEN OF PAYMENT
Whether any claim or claims for payment of money arises out of or under the contract
against the Consultant, WAPCOS shall be entitled to withhold and also to have a lien to
retain in whole or in part, the advance bank guarantee, performance guarantee and or to
withhold and have a lien to retain in part or in full the payments due to the
consultant, or any claims of the consultant, so as to cover the claimed amount till the
claim arising out of or under the contract is determined by the competent court.
3.18. JURISDICTION
The agreement shall be governed by the Indian Law for the time being in force and the
Courts in Delhi alone will have jurisdiction to deal with matter arising there from.
3.19. ARBITRATION
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Except as otherwise provided, all disputes and differences arising out of or relating to this
contract shall be first settle amicably. However, if such amicable settlement is not reached, the
parties may refer such dispute of differences to Arbitration through sole Arbitrator.
The sole Arbitrator shall be appointed by CMD, WAPCOS limited and Arbitration shall be
conducted as per Indian Arbitration & Conciliation Act, 1996. The place of Arbitration
settlement shall be Delhi and language to be used will be English. The award of sole arbitrator
will be final and binding.
The Initiation of the arbitration proceeding will not entitle the contractor to stop the work and
he will be responsible to carry out the contractual works during the pendency of such
Arbitration proceedings.
Cost of Arbitration shall be borne by Consultant.
3.20. GENERAL:
i) The scrutiny of the drawing, and designs by WAPCOS’s own supervisory staff, if any,
does not absolve the Architects of their responsibility under the agreement. The
Architects shall remain solely responsible for structural soundness of the design
and other services for all provisions of the contract so as to satisfy the particular
requirement of the Architectural specifications.
ii) The Architect agency/Consultant shall supply to WAPCOS copies of all documents,
instructions issued to Architect agency/Consultants, if any, relating to the work,
drawings, specifications, bill of quantities and also other documents as may be
required.
iii) The Architects hereby agree that the fees to be paid as provided herein (clause
3.3) will be in full discharge of function to be performed by him and no claim
whatsoever shall be against WAPCOS in respect of any proprietary rights or copy rights
on the part of any party relating to the plans, models and drawings.
iv) While providing consultancy services, the consultant shall ensure that there is no
infringement of any patent or design rights and he shall be fully responsible for
consequences/any actions due to any such infringement. Consultant shall keep
WAPCOS indemnified all the times and shall bear the losses suffered by WAPCOS in this
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regard.
v) Consultant shall appoint and notify a team of two senior officials of his organization as
nodal officers to represent the consultant in all the meetings/presentations with Local
Municipal Corporation Authorities/State/ Client / WAPCOS/Central Govt. or any other
agency.
vi) All designs and drawings shall be the property of WAPCOS. The name and logo of
WAPCOS shall be predominantly displayed on all the drawings and documents. The
consultant shall not put his name or agency name on any of the documents/drawings on
the DPR. The name of consultant shall be written as Associate Consultant on all
drawings/documents only after DPR is approved from all the concerned authorities.
vii) The originals of approved completion drawings shall be on good quality paper and
editable soft copy of all the drawings & design shall have to be given on compact disc
(CD)/Pen Drive. The proprietary rights of all the design shall remain with WAPCOS.
viii) The consultant shall be required to sign an Agreement with Chief Executive Director
(Power), WAPCOS within 15 days of the receipt of LOA based on these terms &
conditions.
ix) Recovery/Penalties can be recovered from the consultancy
fee/EMD/Performance Security of the other works that the consultant is doing or would
be doing for WAPCOS at that time.
3.21. FORECLOSURE OF CONTRACT BY WAPCOS/OWNER
If at any time after the commencement of the work WAPCOS shall for any reason
whatsoever if required to foreclose the work or is not require the whole work thereof
as specified in the tender to be carried out, the Engineer-in-Charge shall give notice in
writing of the fact to the consultant, who shall have no claim to any payment of
compensation whatsoever on account of any profit or advantage which he might have
derived from the work in full, but which he did not derive in consequence of the
foreclosure of the whole or part of the works.
3.22. SUSPENSION OF WORKS
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i) The consultant shall, on receipt of the order in writing of the Engineer- in-charge,
suspend the progress of the works or any part thereof for such time and in such
manner as the Engineer-¬in-charge may consider necessary for any of the following
reasons:
a) On account of any default on part of the consultant, or
b) For improper execution of the works or part thereof for reason other than the
default of the consultant, or
c) If the work is partly or fully abandoned/suspended by WAPCOS/clients for any
reasons
The consultant shall, during such suspension, properly protect and secure the
works to the extent necessary and carry out the instructions given in that
behalf by the Engineer-in¬-charge.
ii) If the suspension is ordered for reasons (ii) and (iii) in sub-para (a) above.
a) The consultant shall be entitled to an extension of the time equal to the
period of every such suspension plus 25%. No adjustment of contract price will
be allowed for reasons of such suspension.
b) In the event of the consultant treating the suspension as an
abandonment of the Contract by WAPCOS, he shall have no claim to payment
of any compensation on account of any profit or advantage which he may
have derived from the work in full or part.
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Section-4
CRITERIA AND EVALUATION
(FOR TENDERS INVITED ON QUALITY AND COST
BASED SYSTEM)
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CRITERIA AND EVALUATION
4.1. The minimum eligibility Criteria & detailed criteria for evaluation of tenders invited on
Quality and Cost based system shall be as under:
Minimum Eligibility Criteria:
The interested bidders should meet the following minimum qualifying criteria:
i) Work Experience:
Experience of having successfully completed similar works during the last 7 years
ending last day of the month previous to the one in which Tenders are invited:
a) Three similar works each costing not less than 40% of the estimated cost
put to tender
OR
b) Two similar works each costing not less than 60% of the estimated cost put to
tender
OR
c) On e similar work costing not less than 80% of the estimated cost put to
tender.
“Similar works” shall mean “Agency must have successfully completed the
consultancy work for RCC Multi-storied (Minimum G+7) Residential/Institutional/Office
building with Development, Electrical, Water supply, Sanitary, HVAC, Fire fighting, etc.
all complete work of a building with any Central / State Govt. Departments/Central
PSUs/State PSU/Central Autonomous bodies/State Autonomous bodies.”
Note:
The past experience in similar nature of work should be supported by certificates
issued by an officer not below the rank of Executive Engineer.
ii) Agency must have Partners/Directors or Proprietorship of agency with the valid
registration from Council of Architecture with minimum experience of 10 (Ten) years.
(Documentary evidence needs to be submitted).
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iii) Joint-venture / consortia of firms / companies shall not be allowed and the bidders
should meet the above criteria themselves.
iv) Foreign Certificates:
a) In case the work experience is for the work executed outside India, the
bidders have to submit certificate issued by the owner and affidavit to the
correctness of the documents. However, the Architect/Consultant will get the
documents attested by the Indian Embassy/consulate / High Commission in the
respective country.
b) For the purpose of evaluation of Bidders, the conversion rate of such a currency
into INR shall be the daily representative exchange rate published by the IMF as
on 7 (Seven) days prior to the Last Date of Submission including extension(s)
given if any.
v) Financial Strength:
a) The Average annual financial turnover for last 3 years shall be at least 50% of
the estimated cost put to tender. The requisite Turnover shall be duly certified
by a Chartered Accountant with his Seal/Signatures and registration number.
b) The bidders are required to upload and submit page of summarised Balance
Sheet (Audited) and also page of summarised Profit & Loss Account
(Audited) for last five years.
c) The bidder should not have incurred any loss in more than two year during
available last five consecutive balance sheets (i.e. 2013-14 to 2017-18) duly
certified and audited by the charted accountant.
vi) Agency must submit the solvency certificate of 40% of the estimated cost put to Tender
from any nationalized bank after date of publication of NIT.
vii) Agency must be registered in India under Companies Act 1956.
viii) Agency must have PAN and GST Registration No. (Documentary evidence is to be
submitted).
ix) Agency must have EPF Registration and shall submit proof of having valid EPF
registration certificate. In case of non-applicability in terms of EPF norms, bidder may
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submit the proof of non-applicability along with undertaking in this respect.
x) Agency should have not been blacklisted, debarred or restrained in last 10 years to
participate by any Govt. department. Indemnity to this effect needs to be submitted as
per prescribed format.
4.2. Tender Evaluation
i) Evaluation of Technical Bid & Design Concept Presentation
To become eligible for Technical Bid Evaluation, the bidder must meet the
minimum eligibility criteria as prescribed above.
Stage – I:
(Only the bids meeting the minimum eligibility criteria will be considered for Stage-I,
Technical Bid Evaluation.)
Marks system for the evaluation is as under:
Sl. No. Attributes Maximum
Marks
1. Financial strength: Average Annual turnover
i) 60% marks for minimum eligibility criteria
ii) 100% marks for twice and above the minimum
eligibility criteria
20 Mark
2. Manpower strength 30 Mark
a) Architects - B. Arch with Minimum 10 years of
experience in the consultancy and on Roll, 2 Marks for
each.
10
b) Structural Engineer - B. Tech in Civil Engineering with
Minimum 10 years of experience or M. Tech in
Structural Engineering with minimum 5 years
experience and on Roll, 2 Marks for each.
6
c) Graduate Mechanical/Electrical/Plumbing (MEP)
Engineers with Minimum 7 years of experience and on
Roll, 2 Marks for each.
6
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d) Construction Supervision Experts (Civil/MEP) with
Minimum 7 years of experience and on Roll, 1 Mark for
each
8
3. Work Plan, Approach and Methodology 15 Mark
4. Consultancy fee received from ‘Similar Works’
i) 60% marks for minimum Eligibility criteria
ii) 100% marks for twice the minimum eligibility criteria
25 Mark
5. Experience having in Green buildings project and obtained
Gold rating for the project:
i) 60% marks for One Gold Rating project
ii) 100% marks for Two and more Gold Rating projects
10 Mark
6. Total Marks (stage – I) 100 Marks
The bidders securing 70% & above marks in Stage-I will qualify for Stage-II i.e. for Design
Concept Presentation.
Stage – II:
Design Concept Presentation
Under this stage, the tenderers short listed after Stage-I, shall be invited for
participating in the design concept Competition by way of presentation before the
Committee constituted for the purpose by WAPCOS.
The Architect agency/Consultant shall bring Soft & hard copy of their Design concept and
related details at the time of presentation. The concept design shall incorporate all the
parameters as mentioned below under Evaluation Criteria. The time and venue for
presentation will be intimated separately.
The committee shall evaluate the presentation on design concept and would assign the
marks independently and then the assigned marks would be averaged out.
The consultant shall have no right to challenge the marks assigned by the individual
member of the committee and, individual member of the committee shall have no
liability to applicant in this regard. No correspondence would be entertained
challenging or contesting the marking by the individual member of the committee.
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The committee shall evaluate the design concept of consultants by applying the
evaluation criteria, sub-criteria, and point system as stipulated here in under.
Stage – II: Evaluation Criteria of the Design Concept Presentation:
A. Attributes 25 Marks
1. Cost effective Site Utilization & Grouping of
Functions, Economical design.
10
2. Site Orientation : Massing (Compactness), Circulation
(integration), Landscape blending with existing profile
15
B. Design Concept Planning 50 Marks
1. Planning for carrying out Survey and Investigation and
subsequent Demolition of existing building prior to construction.
10
2. Aesthetics, Environmental friendly considerations like use of
environment friendly materials, etc., Green Building Features,
Disaster resistant methods/Technologies, Infrastructure for
persons with disabilities.
15
3. New Technologies (other than conventional Technologies) and
New/ Materials & Finishes (other than conventional materials)
proposed to be used in the Project. The proposed new
technology (ies) should demonstrate the time and /or cost
effectiveness.
20
4. Innovative Modern and/or Contemporary, State
of the Art Architectural features.
5
C. Presentation 25 Mark
1. Knowledge of Building Bylaws and Statutory Requirements of
respective local bodies/Municipalities, etc. for which the bidder
should visit the site (s) before submission of Bid.
10
2. Overall Presentation, Interpretation of Design Concept,
Interaction on concept and response to queries of the
committee members.
15
Total Marks (stage – II) 100 Marks
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Combined technical score of Stage I & II shall be “St” as under:
St = Total marks of bidder in Stage-I x T1 + Total marks of bidder in Stage-II x T2.
T1 and T2 are weights assigned to Stage - I and Stage - II that will be 0.60:0.40 respectively.
The bidders securing 75% & above combined score in Stage-I & Stage- II will qualify for
Opening of Financial Bid.
ii) Financial Evaluation
The Financial bid of those tenderers whose documents are found to be in order and who
qualify in Stage-I and Stage-II of Technical bid evaluation will only be opened. The date of
opening of financial bid will be informed to the bidders by E mail or otherwise.
The lowest Financial Bid (Fm) will be given a financial score (Sf) of 100 points. The
financial scores (Sf) of the other Financial Bids will be determined using the
following formula:
Sf = 100 x Fm/F;
In which Sf is the financial score, Fm is the lowest Financial Bid, and F is the
Financial Bid under consideration.
iii) Final Evaluation of Bid
The final selection shall be based on QCBS i.e Quality and Cost based Selection.
Bids will finally be ranked in accordance with their combined technical (St) and financial
(Sf) scores:
S = St x Tw + Sf x Fw;
Where S is the combined score, Tw and Fw are weights assigned to Technical Bid and
Financial Bid that will be 0.80:0.20 respectively.
The bidder achieving the highest combined technical and financial score will be
considered to be the successful Applicant and work shall be awarded to the bidder.
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Section-5
FINANCIAL PROPOSAL
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FINANCIAL BID
NAME OF WORK: Preparation of DPR including Survey & Investigation, Tender Documents,
Construction Drawings, approval from statutory authorities & Construction Supervision and
Quality Control for Construction of Multi-Storied office complex in Odisha
NAME OF ARCHITECT AGENCY/CONSULTANT: --------------------
BILL OF QUANTITIES
Sl. No. Description Consultancy fee to be quoted in
percentage
(in fig.) (in words)
1. Preparation of DPR including Survey &
Investigation, Tender Documents,
Construction Drawings, approval from
statutory authorities & Construction
Supervision and Quality Control for
Construction of Multi-Storied office
complex in Odisha.
…………..%
Note:-
1. Payment shall be made as per the clause no. 3.3 of Section-3.
2. The total percentage quoted for the scheme shall be considered to determine the lowest
bidder.
3. In case of any discrepancy between the rates/percentage quoted in figures and words,
then the rate/percentage quoted by the contractor in words shall be taken as correct.
Signature & Stamp of Tenderer
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Section-6
FORMS & ANNEXURES
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Form No. Description
1. Letter of Transmittal
2. General Information
3. Acceptance of Tender Conditions
4. Application for Consultant
5. Organization Setup of the Company
6. Turnover details for the last 5 years
7. Details of Similar Work executed during last 7 years
8. Proforma for On Roll Manpower
9. Litigation History
10. Declaration for Blacklisting/Debarment
11. GST Registration Details
12. Affidavit for Correctness of Documents/Information
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FORM No. 1
LETTER OF TRANSMITTAL
(ON THE LETTER HEAD OF APPLICANT)
From:
To,
Deputy Chief Engineer,
WAPCOS LIMITED,
4th Floor, SKV House, Plot No. 57,
Institutional Area, Sector-18,
Gurugram,
Haryana-
122015
Sub:- Selection of Agency for Preparation of DPR including Survey & Investigation, Tender
Documents, Construction Drawings, approval from statutory authorities & Supervision and
Quality Control during Construction for Construction of Multi-Storied office complex in Odisha
Sir,
Having examined the details given in Notice Inviting tender for the above work, we hereby
submit our qualification and relevant documents.
1. We hereby certify that all the statements made and information supplied in the
enclosed form ‘1’ to ‘12’ and accompanying statements are true and correct.
2. We have furnished all information and details necessary for pre-qualification and have no
further pertinent information to supply.
3. We have submitted the requisite solvency certificate, certified/audited balance sheets,
completion certificate and authorize WAPCOS Limited or their representatives to approach
individuals, employers, firms and corporations to verify our submittals for competency and
general reputation.
4. We hereby confirm that we have read and understood all the stipulations given in
tender shall be final and binding on us.
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5. We have submitted the following certificates in support of our meeting the minimum
qualifying criteria of completed work(s) specified in clause 1.2 of Section 1 for having
successfully completed the following works:
S. No. NAME OF WORK CERTFICATE FROM
(Details of issuing authority along with
contact & Fax number)
1.
2.
3.
Enclosures:
Date of Submission
(Signature of Applicant)
(Seal of Applicant)
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Form No. 2
GENERAL INFORMATION
1. Name of Applicant/Company
2. Address for correspondence
3. Official e-mail for communication
4. Contact Person:
Telephone Nos.:
Fax Nos.:
Mobile:
5. Type of Organization:
a) An individual
b) A proprietary firm
c) A firm in partnership
d) A Limited Company
e) Any other (mention the type)
6. Place and Year of Incorporation
7. IT PAN of Bidder
8. GST Registration Number
9. NSIC Reg. Number
10. NSIC Reg. validity period
11. Name(s) of the persons along with their qualification and
designation, who is authorized to deal with WAPCOS
12. Details of Awards/Appreciations supported with document
to be submitted.
13. Bank Details
Name of the Bank:
Account Number:
IFS Code:
Name & Address of the Branch:
MICR Code:
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Signature of Bidder with Seal
Attach copy of Partnership
Attach copy of Article of Association and Certificate of Incorporation
Attach copy of power of Attorney
Attach copy of Pan
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Form No. 3
ACCEPTANCE OF TENDER CONDITIONS
From: (On the letter head of the company by the authorized officer having power of
attorney)
To,
Deputy Chief Engineer,
WAPCOS LIMITED,
4th Floor, SKV House, Plot No. 57,
Institutional Area, Sector-18,
Gurugram,
Haryana-
122015
Name of the work & NIT No.:
Sir,
1 This has reference to above referred tender. I/We are pleased to submit our tender
for the above work and I/We hereby unconditionally accept the tender conditions and
tender documents in its entirety for the above work.
2 I/we are eligible to submit the bid for the subject tender and I/We are in possession
of all the documents required.
3 I/We have viewed and read the terms and conditions of WAPCOS carefully.
I/We have downloaded the following documents forming part of the tender document:
a) Notice Inviting E-Tender
b) Instructions to Consultant
c) Conditions of Contract
d) Criteria and Evaluation
e) Financial Proposal Format
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f) Forms and Annexures
g) Corrigendum / Addendum / Other documents, if any
4 I/we have uploaded the mandatory scanned documents such as cost of bid document,
EMD and other documents as per Notice Inviting e-tender.
Yours faithfully,
Dated _____________ (Signature of the tenderer)
With stamp
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Form No. 4
APPLICATION FOR CONSULTANT
(On the letter head of the agency)
Ref. No. Date:
To,
Deputy Chief Engineer,
WAPCOS LIMITED,
4th Floor, SKV House, Plot No. 57,
Institutional Area, Sector-18,
Gurugram,
Haryana-122015
Sub: Application for Selection of Agency for Architectural and Engineering Consultancy
Services
Ref: NIT No. ……………………………………………………..
Sir,
With reference to the tender under reference we would like to participate in the tender. As per
the instruction given in tender document, we are forwarding herewith the prescribed Earnest
Money Deposit (EMD) as detailed below along with duly filled tender documents.
DETAILS OF EMD SUBMITTED
1. Amount of EMD as per NIT
2. Amount of EMD submitted through RTGS/NEFT/FDR
3. Reference of RTGS/NEFT/FDR
DETAILS OF COST OF TENDER SUBMITTED
1. Amount of COST OF TENDER as per NIT
2. Amount of COST OF TENDER submitted through
RTGS/NEFT/DD
3. Reference of RTGS/NEFT/DD
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OR
As we are registered with NSIC/MSME certificate firms for the work we have quoted, we may
please be exempted from submission of Earnest Money Deposit (EMD)/Cost of Tender. Copy of
NSIC/MSME certificate is forwarded herewith as instructed in the tender.
DETAILS OF NSIC/MSME CERTIFICATE:
1 Registered with NSIC / MSME certificate
2 Registration Certificate No. & Date
3 Registration Certificate valid up to
We hereby certify that the offered/quoted product against your tender under reference is
covered under above registration (List of items attached) and entitled for EMD exemption
(Copy of documentary evidence of having deposited EMD or copy of valid NSIC/ MSME certificate
should be uploaded while submitting the tender)
SIGNATURE OF BIDDER WITH SEAL
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Form No. 5
Organization setup of the company
(Details to be furnished in the following format)
S. No. Name Designation Qualification Professional
Experience and
details of work
carried out
Years
with
agency
Remarks
Signature of Bidder with Seal
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Form No. 6
Name of Bidder-------------------------------------------------
TURN OVER FOR LAST FIVE YEARS
i) Financial Analysis: This certificate is to be submitted in original along with the Bid
Documents.
2017-18 2016-17 2015-16 Average Annual Turnover
Rs. in Lacs Rs. in Lacs Rs. in Lacs Rs. in Lacs
(a) (b) (c) ((a)+(b)+(c)/3
1. Annual
Turnover
for the
Financial
Year
ii) Summarised page of Profit & Loss Account of previous five Financial Years duly audited by
CA is to be enclosed.
iii) ITR of last five years to be enclosed.
Signature of Chartered Accountant Signature of the Bidder
with Seal with Seal
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Form No. 7
DETAILS OF SIMILAR WORKS EXECUTED DURING LAST 07 YEARS
S.
No.
Name of
Work for
which
Experience
Certificate
has been
submitted
along with
the project
cost
Consultancy
value of
work for
which
Experience
Certificate
has been
submitted
Name
of
Clients
Date and
No. of
Completion
Certificate
Type of
Work i.e.
Residential
or Non
Residential
No. of
Basemen
ts
No.
of
Stor
ey
Heigh
t of
Buildi
ng
Ref. &
Page No.
of
Docume
ntary
Proof of
the detail
missing in
completi
on
certifica te
Green
Buildin
g
compli
ance
(Yes/
No)
1.
2.
3.
4.
5.
6.
Attach signed & scanned copy of Letter of Award/Work Order and work completion certificate or
other documents which certify that the work has been completed by bidder regarding experience
in similar types of works.
If any detail is not mentioned in the Work Completion Certificate, documentary proof of
detail is to be submitted and uploaded on Tender Website along with the Completion
Certificate.
Signature of Bidder with Seal
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Form No. 8
PROFORMA FOR ON ROLL MANPOWER
Sr. No. Manpower Name of
Employee
Designation No. of Years
with the
Company
Total
Experience
in years
1. Architects: B Arch with
minimum 10 yrs of experience
in the Consultancy (on roll).
i)
ii)
iii)
iv)
v)
2. Structural Engineer: B. Tech in
Civil Engineering with
minimum 10 years of
experience or M. Tech in
Structural Engineering with
minimum 5 years of experience
(on roll).
i)
ii)
iii)
3. Graduate Mechanical,
Electrical, Plumbing (MEP)
Engineer with Minimum 7
years of experience (on roll)
i)
ii)
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iii)
4. Construction Supervision
Experts (Civil/MEP) with
Minimum 7 years of experience
(on roll)
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
Attach Copies of CVs.
Attach Copies of Qualification.
Zero marks will be given if CVs and Certificates of Qualification are not found enclosed.
Signature of Bidder with Seal
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Form No. 9
LITIGATION HISTORY
(ON THE LETTER HEAD OF APPLICANT)
S. N
o.
Nam
e o
f W
ork
Clie
nt
Typ
e o
f ca
se (
Co
urt
case
/Arb
itra
tio
n C
ase)
Dat
e o
f re
gist
erin
g o
f ca
se
Nam
e &
Ad
dre
ss o
f C
ou
rt /
Arb
itra
tor
Am
ou
nt
invo
lved
Pre
sen
t St
atu
s
Rem
arks
(if
an
y)
1 2 3 4 5 6 7 8 9
Signature of Applicant
With seal
Note:
Applicant has to submit the details of last 5 years in respect of Court cases / Arbitration cases.
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Form No. 10
DECLARATION FOR BLACKLISTING / DEBARMENT
WE CONFIRM THAT WE HAVE NOT BEEN BLACKLISTED OR DEBARRED BY ANY CENTRAL / STATE
GOVT. DEPARTMENTS/CENTRAL PSUS/STATE PSU/CENTRAL AUTONOMOUS BODIES/STATE
AUTONOMOUS BODIES.
SIGNATURE & NAME OF THE TENDER WITH SEAL
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Form No. 11
GST REGISTRATION DETAIL
S. No. CONTRACTOR/VENDOR DETAILS
1. Name
2. Address (As per registration with GST)
City
Postal Code
Region/State (Complete State Name)
3. GSTIN ID/Provision ID No. (Copy of Acknowledgement
required)
4. Type of Business (As per registration with GST)
5. Service Accounting Code/HSM Code
6. Contact person
7. Phone number and Mobile number
8. Email id
Attach copy of GST Registration certificate.
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Form No. 12
AFFIDAVIT
(To be submitted by bidder on non-judicial stamp paper of Rs. 100/- (Rupees Hundred only)
duly attached by Notary Public)
Affidavit of Mr.........................................S/o............................................. R/o ........................ I,
the deponent above named do hereby solemnly affirm and declare as under:
1. That I am the Proprietor/Authorized signatory of M/s ……………………………. Having
its Head Office/Regd. Office at …………………………………………………………..
2. That the information/documents/Experience certificates submitted by
M/s…………………………. along with the tender for …………………… (Name of work)…………to
WAPCOS Limited are genuine and true and nothing has been concealed.
3. I shall have no objection in case WAPCOS verifies them from issuing authority (ies). I
shall also have no objection in providing the original copy of the document(s), in case
WAPCOS demand so for verification.
4. I hereby confirm that in case, any document, information and / or certificate
submitted by me found to be incorrect / false / fabricated, WAPCOS at its discretion
may disqualify / reject / terminate the bid/contract and also forfeit the EMD / All
dues.
5. I shall have no objection in case WAPCOS verifies any or all Bank Guarantee(s) under
any of the clause(s) of Contract including those issued towards EMD and Advance Bank
Guarantee from the Zonal Branch /office issuing Bank and I/We shall have no right or
claim on my submitted EMD before WAPCOS receives said verification.
6. That the Bank Guarantee issued against the EMD issued by (name and address of
the Bank) is genuine and if found at any stage to be incorrect / false / fabricated,
WAPCOS shall reject my bid, cancel pre-qualification and debar me from
participating in any future tender for three years.
I, ....................................., the Proprietor / Authorised signatory of
M/s....................................... do hereby confirm that the contents of the above
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Affidavit are true to my knowledge and nothing has been concealed there
from.................... and that no part of it is false.
Verified at ................this.................day of ..................... DEPONENT
ATTESTED BY (NOTARY PUBLIC)
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Annexure No. Description
1. Agreement Form
2. Proforma for Advance Bank Guarantee
3. Proforma for Performance Bank Guarantee
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Annexure No. 1
AGREEMENT FORM
This agreement made this day of ----------(Month)-------- (Year)--------, between the
WAPCOS Limited, a company incorporated under the Companies Act, 1956 having its
Registered Office at 5th Floor, Kailash Building, K.G. Marg, New Delhi – 110 001 (hereinafter
referred to as the “WAPCOS” which expression shall include its administrators, successors,
executors and assigns) of the one part and --------------------(hereinafter referred to as
the “Consultant” which expression shall unless the context requires otherwise include
its administrators, successors, executors and permitted assigns) of the other part.
WHEREAS, WAPCOS, has desirous of construction of “------------------------” (hereinafter referred
to as the “PROJECT”) on behalf of the --------------------- (hereinafter referred to as “Client”)
and invited tenders as per Tender documents vide NIT No. ------------- Date ---- ------and
Corrigendum No. ------& Amendment No. -----dated -------- uploaded on WAPCOS’s website
for Engaging Architects / Architectural Firms for Architectural planning, Designing Detailing,
Construction Supervision -------------------.
AND WHEREAS ------------------------ had participated in the above referred tender vide their
TECHNICAL & Financial Bid ----------------- dated ----------- and subsequent clarifications vide
letter --------------------- dated ---------------- -- in response to WAPCOS’s letter No. -----------------
dated ---------.
WAPCOS has accepted their aforesaid tender and awarded the contract for
Consultancy Services for Architectural planning, Designing, Detailing, Construction Supervision
of ------ --------------------------- vide Letter of Award No. -------------------------- dated ------------------
-which have been unequivocally accepted by -----------------vide their acceptance dated ---------.
NOW THEREFORE THIS DEED WITNESSETH AS UNDER:
ARTICLE 1.0 – AWARD OF CONTRACT
1.1. SCOPE OF WORK
WAPCOS has awarded the contract to -------------------for the work of
Architectural planning, Designing Detailing, Construction Supervision of ---------------------
----------------- as per contract document defined in Article 2.0 below. The award has
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taken effect from 1 0 th day of issue of aforesaid Letter of Award (LOA). The terms and
expressions used in this agreement shall have the same meanings as are assigned to
them in the “Contract Documents” referred to in the succeeding Article.
ARTICLE 2.0 – CONTRACT DOCUMENTS
2.1. The contract shall be performed strictly as per the terms and conditions stipulated
herein and in the following documents attached herewith (hereinafter referred to as
“Contract Documents”).
a) WAPCOS’s Notice Inviting Tender vide NIT No. --------------- Dated ------------------
comprising tender document (Section --- to -------------).
b) Corrigendum No. -----------& Amendment No. ----------- dated --------------.
c) ----------------- vide Technical & Financial Bid ---------------dated ----------- .
d) WAPCOS letter No. ------------------- dated -----------------------.
e) ------------------ clarifications vide letter -------------- dated ----------------
2.2. WAPCOS’s Letter of Award----------------------- dated ------------------
2.3. Minutes of the kick off meeting held on ---------------------------.
2.4. All the aforesaid contract documents referred to in Para 2.1 to 2.3 above shall form
an integral part of this Agreement, in so far as the same or any part thereof column,
to the tender documents and what has been specifically agreed to by WAPCOS.
Any matter inconsistent therewith, contrary or repugnant thereto or deviations taken
by the Consultant in its “TENDER” but not agreed to specifically by WAPCOS in its
Letter of Award, shall be deemed to have been withdrawn by the Contractor
without any cost implication to WAPCOS. For the sake of brevity, this Agreement
along with its aforesaid contract documents and Letter of Award shall be referred
to as the “Contract”.
ARTICLE 3.0 – CONDITIONS & CONVENANTS
3.1. The scope of Contract, Consideration, terms of payments, advance, security deposits,
taxes wherever applicable, insurance, agreed time schedule, compensation for delay and
all other terms and conditions contained in aforesaid contract documents. The contract
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shall be duly performed by the Consultant strictly and faithfully in accordance with
the terms of this contract.
3.2. The scope of work shall also include all such items which are not specifically mentioned
in the Contract Documents but which are reasonably implied for the satisfactory
completion of the entire scope of work envisaged under this contract unless otherwise
specifically excluded from the scope of work in the contract documents.
3.3. Consultant shall adhere to all requirements stipulated in the Contract documents.
3.4. Time is the essence of the Contract and it shall be strictly adhered to. The progress
of work shall conform to agreed works schedule/contract documents.
3.5. This agreement constitutes full and complete understanding between the parties
and terms of the presents. It shall supersede all prior correspondence to
the extent of inconsistency or repugnancy to the terms and conditions contained in
Agreement. Any modification of the Agreement shall be effected only by a written
instrument signed by the authorized representative of both the parties.
3.6. The total Consultancy fee for the entire scope of this contract as detailed in Letter of
Award (LOA) is -----------------% ( ----------------------- percent only) is exclusive of service
tax on actual cost of the project on completion or cost approved as per DPR or
Estimated cost whichever is Lower, which shall be governed by the stipulations of the
contract documents.
ARTICLE 4.0 – NO WAIVER OF RIGHTS
4.1. Neither the inspection by WAPCOS or the Engineer-in-Charge or Client or any of their
officials, employees or agents nor order by WAPCOS or the Engineer- in-Charge for
payment of money or any payment for or acceptance of, the whole or any part of the
work by WAPCOS or the Engineer-in-Charge nor any extension of time nor any
possession taken by the Engineer-in-Charge shall operate as waiver of any provisions
of the contract, or of any power herein reserved to WAPCOS, or any right to damage
herein provided, nor shall any waiver of any breach in the contract be held to be a
waiver or any other or subsequent breach.
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ARTICLE 5.0 – GOVERNING LAW AND JURISDICTION
5.1. The Laws applicable to this contract shall be the laws in force in India and
jurisdiction of Delhi Court (s) only.
5.2. Notice of Default
Notice of default given by either party to the other party under the Agreement
shall be in writing and shall be deemed to have been duly and properly served upon
the parties hereto, if delivered against acknowledgment due or by FAX or by
registered mail duly addressed to the signatories at the address mentioned herein
above.
IN WITNESS WHEREOF, the parties through their duly authorized representatives have
executed these presents (execution whereof has been approved by the Competent
Authorities of both the parties) on the day, month and year first above mentioned at
----------------------
For and on behalf of: For and on behalf of:
WITNESS: WITNESS:
1. 1.
2. 2.
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Annexure No. 2
BANK GUARANTEE PROFORMA FOR ADVANCE PAYMENT
NOTE
1. This guarantee has to be furnished by a Nationalized Bank / Scheduled bank. In case of bank
guarantee from a first class foreign bank it should be counter-guaranteed by State Bank of
India or a scheduled bank operating in India.
2. The bank guarantee should be furnished on Stamp paper of appropriate values.
3. The Stamp papers should be purchased in the name of Bank executing the guarantee.
Advance payment Guarantee no_________________
Place_____________________
Date______/________/_____
To
Dear Sirs,
1. Pursuant to the contract hereinafter referred to as ‘The CONSULTANT” which
M/s_____________ hereinafter referred to as the “CONSULTANT” which expression shall,
unless repugnant to the context or meaning , thereof include its successors, administrators,
representative and assignees, have concluded with WAPCOS Limited, New Delhi which
expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, representatives and assignees, on____200___ vide Contract
No____ dated _____, the CONSULTANT have undertaken to WAPCOS Limited for the work
particularly listed in …………. of the Contract as per the prices indicated in ………….. of the
Contract.
2. According to the said Contract, WAPCOS Limited has undertaken to make an advance
payment of Rs ______(Rupees_____) being the payment of ____% for _______ against
issuance of an Advance Bank guarantee by a bank.
3. For this advance payment, we the undersigned _______________(Name)
________________ (Address) hereinafter referred to as the Bank, which expression shall
unless repugnant to the context or meaning thereof, include its successors, administrators,
representatives and assignees, hereby guarantee to the effect that we irrevocably
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undertake to pay WAPCOS Limited merely on demand without any previous notice and
without any demur and without recourse to the CONSULTANT and without referring to any
other source, any and all monies payable by the CONSULTANT towards the advance or part
thereof paid by WAPCOS Limited but not exceeding Rs _________________(Rupees
__________________) provided WAPCOS Limited advice us that the CONSULTANT has
failed to fulfill his contractual obligations stipulated in the said Contract. Any such demand
made by WAPCOS Limited on the bank shall be conclusive, binding, absolute and
unequivocal notwithstanding any difference between WAPCOS Limited and the
CONSULTANT or any dispute or dispute raised / pending before any Court, Tribunal,
Arbitrator or any other authority.
4. This guarantee shall not be determined or affected by the liquidation or winding up,
dissolution or change of constitution or insolvency of ‘CONSULTANT(s)’ and the Bank, but
shall in all respects and/for all purposes be binding and operative on “the Bank” until
payment of all moneys payable by the “the CONSULTANT” in terms thereof.
5. This Guarantee will become invalid____ months after the completion of the ______ by the
CONSULTANT of all the parts of the _____equipment under the said contract or as soon as
this letter of guarantee has been returned to us, at the latest, however on ____ 201
___unless a claim has been lodged with us under this guarantee before that date.
6. We, the _____(Bank) further agrees that if the said CONSULTANT fails to adhere to the total
or individual time schedules stipulated in the said contract, and if there be delay in the
________to reimburse to WAPCOS limited interest at the prevailing bank rate applicable for
cash credit facilities on the amount of advance payment made by WAPCOS Limited.
7. WAPCOS Limited shall have the fullest liberty without affecting in any way the liability of
the Bank under this guarantee from time to time extend the time of performance by the
CONSULTANT . The Bank shall not be released from its liability under these presents by any
exercise of WAPCOS Limited of the liberty with reference to the matter aforesaid.
8. The Bank also agrees that WAPCOS Limited shall be entitled at his option to enforce this
guarantee against the Bank as a Principal Debtor, in the first instance notwithstanding any
other security or guarantee that it may have in relation to WAPCOS Limited liabilities.
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9. This guarantee shall remain in force up to and including _____ and shall be extended from
time to time for such period as may be desired by M/s _______on whose behalf this
guarantee has been given.
10. The Bank further agrees that the decision of WAPCOS Limited as to the failure on the part
of the CONSULTANT to fulfill the contractual obligation stipulated in the said contract and /
or to the amount payable by the Bank to the PMC shall be final, conclusive and binding.
11. This guarantee is revocable only with the written consent of WAPCOS Limited.
12. In any case, our liability under this Advance Payment Guarantee does not exceed
Rs.______(Rupees_______) subject however, to the application of the interest clause
envisaged in Para-6 above which will be paid in addition to the said guarantee amount.
13. Also, Our ………………………. branch at …….. (Name & Address of the ……… branch) is liable to
pay the guaranteed amount depending on the filing of claim and any part thereof under
this Bank Guarantee only and only if you serve upon us at our ………. branch a written claim
or demand and received by us at our ……… branch on or before Dt.__________ otherwise
bank shall be discharged of all liabilities under this guarantee thereafter.
14. Not withstanding anything contained herein above:
i) Our liability under this guarantee shall not exceed Rs............
ii) This Bank Guarantee shall be valid up to and including .......; and
iii) We the ____________ Bank through our local branch office at ________ (Name &
Address of the Local Branch at ……….) are liable to pay the guarantee amount or any
part thereof under this Bank Guarantee only and only if you serve upon us a written
claim or demand on or before dt__________ from the date of expiry of this
guarantee.
15. This guarantee deed must be returned to us upon the expiration of the guarantee
Dated this ________day of _______________201_______
Witness
SIGNATURE
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(Printed Name)__________________
Designation______________________
1.___________________
(signature with Name in Block letters and
with Designation)
Staff code No_____________________
Banker’s Common Seal___________
Attorney as per Power of Attorney
No_______________________
Dated______/_________/______
2.________________________
(signature with Name in Block letters and
with Designation)
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Annexure No. 3
CONTRACT PERFORMANCE BANK GUARANTEE
NOTE:
1 This guarantee has to be furnished by a Nationalized Bank/ Scheduled Bank operating in India.
2 The Bank Guarantee should be furnished on Stamp Paper of appropriate value.
3 The Stamp papers should be purchased in the name of Bank executing the Guarantee.
Bank Guarantee No______________
Date______________
To
Dear Sir,
1.0 In consideration of WAPCOS Limited, which expression shall, unless repugnant to the
context or meaning, thereof include it successors, representative and assignees, having
awarded in favour of M/s_________________ having registered office at
__________________ herein after referred to as the CONSULTANT, which expression
shall, unless repugnant to the context or meaning thereof include its successors,
administrators, representatives and assigners, a Contract, hereafter referred as the
“CONTRACT’ for the “Preparation of DPR including Survey & Investigation, Tender
Documents, Construction Drawings, approval from statutory authorities &
Supervision and Quality Control during Construction for Construction of Multi-Storied
office complex in Odisha” on terms and conditions set out interalia, in the WAPCOS
Limited contract/Letter of Intent No__________ dated____________ as well as
“CONTRACT” documents, valued at Rs___________ (Rupees
______________________)and the same having been unequivocally accepted by the
CONSULTANT and the CONSULTANT having agreed to provide a contract performance
Guarantee for the faithful performance of the entire “CONTRACT” including the warranty
Obligations / Liabilities under the CONTRACT equivalent to ________% of the said value of
the CONTRACT to WAPCOS Limited amounting to
Rs.__________(Rupees____________________) as contract Security in the form of a Bank
Guarantee.
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2.0 We___________(Name)_______(Address) hereinafter referred to as the “Bank” which
expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, representatives and assignees do hereby irrevocably
guarantee and undertake to pay WAPCOS Limited merely on demand without any
previous notice and without any demur and without referring to any other source
notwithstanding any dispute or disputes raised by the consultant, any and all monies
payable by the CONSULTANT by reason of any breach of the said CONTRCT of any of the
terms and condition including non-execution of the “CONTRACT AGREEMENT”, to the
extent of ________% of the Contract price of the Letter of Intent/Contract at any time up
to______(day/month/year). Any such demand made by WAPCOS Limited on the Bank
shall be conclusive between WAPCOS Limited and CONSULTANT irrespective of any
dispute or disputes raised / pending before any Court, Tribunal, Arbitrator or any other
authority. The Bank agrees that the guarantee herein contained shall continue to be
enforceable till this sum due to WAPCOS Limited is fully paid and claims satisfied or till
WAPCOS Limited discharges this Guarantee.
3.0 The Bank further irrevocably guarantees and undertakes to pay any and all monies due
and payable by the CONSULTANT by reasons of non-fulfillment of the following
obligations:-
3.1 For the successful and satisfactory operation of the equipment furnished and erected
under the said Contract as per the specifications and documents.
4.0 WAPCOS Limited shall have the fullest liberty without affecting in any way the liability of
the Bank under this guarantee, from time to time to extend the time of Performance by
the CONSULTANT. The Bank shall not be released from its liabilities under these presents
by any exercise of the PURCHASER of the liberty with reference to the matter aforesaid.
5.0 WAPCOS Limited shall have the fullest liberty, without affecting this guarantee to
postpone from time to time the exercise of any powers vested in them or of any right
which they might have against the CONSULTANT and to exercise the same at any time in
any manner, and either to enforce or to forbear to enforce any covenants, contained or
implied in the CONTRACT between WAPCOS Limited and the CONSULTANT or any other
course or remedy or security available to WAPCOS Limited and the BANK shall not be
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released of its obligations/ liabilities under these presents by any exercise by WAPCOS
Limited of his liberty with reference to the matters aforesaid or any of them or by reasons
of any other act or forbearance or other acts of omission or commission on the part of
WAPCOS Limited or any other indulgence shown by WAPCOS Limited or by any other
matter or thing whatsoever which under law would but for this provision have the effects
of relieving the bank Guarantee. The bank further undertakes not to revoke this
guarantee during its currency without the previous consent of WAPCOS Limited.
6.0 The Bank further agrees that the decision of WAPCOS Limited as to the failure on the part
of the CONSULTANT to fulfill their obligations as aforesaid and / or as to the amount
payable by the Bank to WAPCOS Limited hereunder shall be final conclusive and binding
on the Bank.
7.0 The Bank also agrees that WAPCOS Limited shall be entitled at his option to enforce this
guarantee against the Bank as a Principal Debtor, in the first instance notwithstanding any
other security or guarantee that it may have in relation to the CONSULTANT’ s liabilities.
8.0 This guarantee shall not be determined or affected by the liquidation or winding up,
dissolution or change of constitution or insolvency of ‘CONSULTANT (s)’ and the Bank, but
shall in all respects and/for all purposes be binding and operative on “the Bank” until
payment of all moneys payable by the “the CONSULTANT” in terms thereof.
9.0 Payment will be made by the Bank as above in Indian rupees at the place designated by
WAPCOS Limited in the payment request.
10.0 Notwithstanding anything contained herein above, out liability under this guarantee is
restricted to Rs _________(Rupees_________________________) and it will remain
enforce up to and including _______ and shall be extended from time to time for such
period as may be desired by WAPCOS Limited on whose behalf this guarantee has been
given. Dated at this day of ____________ 2019.
11.0 Also, Our ………………………. branch at …….. (Name & Address of the ……… branch) is liable to
pay the guaranteed amount depending on the filing of claim and any part thereof under
this Bank Guarantee only and only if you serve upon us at our Bhubaneswar branch a
written claim or demand and received by us at our Bhubaneswar branch on or before
Dt.__________ otherwise bank shall be discharged of all liabilities under this guarantee
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thereafter. We are liable to pay the guaranteed amount or any part thereof under this
Bank Guarantee only and on y if you serve upon us written claim or demand on or
before_____________ during its currency except with previous consent of WAPCOS
Limited in writing.
WITNESS:
SIGNATUE__________________
(Principal name)_______________
1.______________________________
(Signature with name in Block Letters and with designation)
Designation________________________
Staff Code No______________________
Banker’s common Seal________________
Attorney as per power of attorney no____________
2._______________________________
(Signature with name in Block letters and with Designation )
Dated_____/_______/______
****
