WEST BENGAL HIGHWAY DEVELOPMENT CORPORATION …

WEST BENGAL HIGHWAY DEVELOPMENT

CORPORATION LIMITED

(A Wholly Owned Company of Government of West Bengal)

BIDDING DOCUMENT

NATIONAL COMPETITIVE BIDDING

ITEM RATE CONTRACT

(CIVIL WORKS)

CONSTRUCTION OF TRUCK LAYBYS AT STRETCHES OVER CHANDITALA –

SEAKHALA – CHAMPADANGA ROAD SECTION OF SH-15 IN THE DISTRICT

HOOGHLY IN WEST BENGAL

NIT NO. : WBHDCL/CGM/eNIT-06/2018 – 2019 dated 28.05.2018

OPEN TO ALL QUALIFIED BIDDERS AS PER BIDDING DOCUMENT

By E Tendering Mode

West Bengal Highway Development Corporation Limited (A Wholly Owned Company of Government of West Bengal)

4th & 5th Floor, HRBC Bhawan, Munsi Premchand Sarani, Kolkata – 700021

Phone: 033-2262 5267 / Fax: 033- 2262 5266

May – 2018

BIDDING DOCUMENT

CONSTRUCTION OF TRUCK LAYBYS AT STRETCHES OVER CHANDITALA – SEAKHALA – CHAMPADANGA ROAD SECTION OF SH-15 IN THE DISTRICT HOOGHLY, WEST BENGAL

- 1 -

TABLE OF CONTENTS

Sl. No. SECTION PARTICULARS

1 Invitation For Bids (IFB)

2 Section-1 Instructions to Bidders

3 Section-2 Qualification Information

4 Section-3 Conditions of Contract

5 Section-3A Conditions of Particular Application

6 Section-4 Contract Data

7 Section-5 Technical Specifications

8 Section-6 Form of bid

9 Section-7 Bill of Quantities

10 Section-8 Securities and other forms

11 Section-9 Drawings

12 Section-10 Documents to be Furnished by the Bidders

(* All the details of the above sections are available within this volume and its annexes.

The contract agreement to be entered with WBHDCL shall contain all the documents which are to be

compiled in the volumes as stated above.)

BIDDING DOCUMENT


- 2 -

WEST BENGAL HIGHWAY DEVELOPMENT CORPORATION LIMITED


(CIVIL WORKS)

Name Of The Project : Construction Of Truck Layby‟s At Stretches Over Chanditala – Seakhala – Champadanga Road Section Of SH-15 In The District Hooghly In West Bengal.

Place Of Opening Of Bids :

West Bengal Highway Development Corporation, 4th & 5th floor, HRBC Bhawan, Munshi Prem Chand Sarani, Kolkata -700021

Officer Inviting Bids : Chief General Manager, West Bengal Highway Development Corporation Ltd, 4th & 5th floor, HRBC Bhawan, Munshi Prem Chand Sarani, Kolkata -700021

SL NO.

ACTIVITY DATES

1 Start Of Availability Of Bidding Document On The WBHDCL Web Site and E-Tender Portal For Download

29.05.2018 (From 18:00 Hrs.)

2 Date And Time Of Pre-Bid Conference 04.06.2018

(At 15:00 Hrs.)

3 Date Of Issuance Of Reply To Queries In Pre-Bid 08.06.2018

4 Start Date And Time Of Submission Of Bid 12.06.2018

(From 15:00 Hrs.)

5 Last Date And Time Of Submission Of Bids (Bid Due Date – BDD) (Online)

19.06.2018 (Upto 15:00 Hrs.)

6 Last Date And Time Of Submission Of Bids (Bid Due Date – BDD) (Offline)

19.06.2018 (Upto 17:00 Hrs.)

7 Date And Time Of Opening Of Technical Bid 21.06.2018

(At 15:00 Hrs.)

8 Date And Time Of Declaration Of Name Of Bidders Whose Bids Are Responsive And Technically Qualified

TBN

9 Date And Time Of Opening Of Financial Bid TBN

BIDDING DOCUMENT


- 3 -

INVITATION FOR BID

(IFB)

BIDDING DOCUMENT


- 4 -

PREAMBLE

This Bidding Document shall be read in conjunction with the Standard Bidding Document Procurement of Civil Works (Part - I) (hereinafter referred to as SBD) published by Government of India, Ministry of Road Transport & Highways [Reprint, First Published on September 2000]- Following portions /sections of the Standard Bidding Document has been either substituted or partially modified including some addition or deletion.

Sl No

Sections Reference

1 Invitation For Bid (IFB)

Entire IFB Of SBD Substituted In Volume -I

2 Section – 1 Instruction To Bidders (ITB)

Entire ITB Of SBD Substituted In Volume –I

3

Appendix And Annexure To Section – 1

Entire Appendix And Annexure To Section –I Of SBD Substituted In Volume -I

4 Section – 2 Qualification Information

Entire Section -2 Of SBD Substituted In Volume –I

5 Section – 3 Conditions Of Contract Including Special Conditions Of Contract

Retained As In SBD Except Modification As Stated In Section 3-A (Conditions Of Particular Application ) In Volume –I

6 Section – 4 Contract Data Information Pertaining To Contract Data Of SBD Furnished In Volume –I

7 Section – 5 Technical Specifications Refer “MORT&H‟s Specification for Road and Bridge Works (Fifth Revision)” and Section – 5 of this RFP

8 Section – 6 Forms Of Bid Retained as in SBD and / or amended as stated in this RFP

9 Section – 7 Bill Of Quantities Refer Section – 7 of this RFP

10 Section – 8 Securities And Other Forms

Retained As In SBD Except To The Extent Amended.

11 Section – 9 Drawings Refer Section – 9

12 Section - 10 Documents To Be Furnished By The Bidders

BIDDING DOCUMENT


- 5 -

[Invitation for Bid (IFB) in SBD substituted and replaced, as printed

below]

INVITATIONS FOR BIDS (IFB)


NIT NO. : WBHDCL/CGM/eNIT-06/2018 – 2019 dated 28.05.2018

Subject: Construction Of Truck Layby’s At Stretches Over Chanditala – Seakhala –

Champadanga Road Section Of SH-15 In The District Hooghly In West Bengal

Dear Sir, West Bengal Highway Development Corporation Limited (hereinafter referred to as

WBHDCL/Authority) has adopted a Single Stage – Two Packet Bid System

(collectively referred to as the "Bidding Process") for selection of the Bidder for

Award of the Project (the “Selected Bidder”). The reputed bidders who find them complying

with the Qualification Criteria of Request for Proposal / Bidding Document (RFP) are

requested to submit their Bids for the subject Works with following details.

Brief Details

Name of the Work Estimated Cost put to tender

Bid Security Completion

Period

Construction of Truck layby‟s at stretches over Chanditala – Seakhala – Champadanga road section of SH - 15 in the district Hooghly in West Bengal

Rs. 38.92 Crores

Rs. 38.92 Lakhs 6 Months

(Six)

Cost of Bidding Document shall be Rs 1,10,000/- (Rupees One Lakh Ten

Thousand only and Non-Refundable ) to be paid separately for the work payable

by bank draft drawn on any scheduled Bank at Kolkata and drawn in favour of

“West Bengal Highway Development Corporation Limited” as per the formats

enclosed in this NIT.

Bids must be accompanied by security of the amount specified for the Work, payable at

Kolkata and drawn in favour of “West Bengal Highway Development Corporation Limited”.

Bid Security shall be in the form of a Bank Guarantee and will have to be in the form as

specified in the Bidding Document.

BIDDING DOCUMENT


- 6 -

The Complete Bid Document consisting of Volume – I, except the Standard Bidding

Document procurement of Civil Works (Part –I and Part –II) and MORT&H Specification for

Road and Bridge Works (Fifth Revision) shall have to be downloaded from WBDHCL website

and / or http://etender.wb.nic.in free of cost as mentioned in page – 02. “Standard Bidding

Document – Procurement of Civil Works published by MoRT&H and MORT&H‟s Specification

for Road and Bridge Works (Fifth Revision)” shall be procured by the Bidder in Hard copy

from IRC.

To participate for bidding, bidders have to pay Cost of Bidding Document fee (Non-

Refundable) through demand draft only favoring “West Bengal Highway Development

Corporation Limited”. The Amendments/clarifications to the bid document if any will be

hosted on the above website only.

The bid should be submitted online in the prescribed format given in the website along with

physical submission of some documents as specified in ITB. No other mode of submission is

acceptable. Financial Bid shall have to be submitted in e-tendering mode only.

The last date of online submission of the Bid is as mentioned in Page – 02 (as mentioned on

the e-Portal only) (“Bid Due Date”). Sealed Envelope containing Hard Copy of Documents

in Physical Form (off-line document) as part of Technical Bid as per ITB must be delivered

to West Bengal Highway Development Corporation Limited addressing Chief General

Manager, WBHDCL on or before the “Bid Due Date” and will be opened as stated earlier in

the presence of the Bidders who wish to attend.

The Bids would be opened at West Bengal Highway Development Corporation Limited, HRBC

Bhawan, 4th & 5th Floor, Munshi Prem chand Sarani, Kolkata 700 021 as per the timeline

stated in Page – 02. If the office happens to be closed on the date of receipt of the bids as

specified, the bids will be received and opened on the next working day at the same time

and venue.

Representatives of the bidders (maximum of two) who choose to attend may attend the

online opening of the bids at WBHDCL Office, Kolkata on the date & time as mentioned

above. However, such representatives shall be allowed to attend the opening of the bids

only if they produce letter of authority on the letterhead of the bidder, at the time of

opening of bids as mentioned above.

For any clarification, the following office may be contacted:

General Manager-II

West Bengal Highway Development Corporation Limited,

HRBC Bhawan, 4th & 5th Floor, Munshi Premchand Sarani, Kolkata 700 021

Tel.: (033) 2262 5267, Tele-fax: (033) 2262 5266

http://etender.wb.nic.in/

BIDDING DOCUMENT


- 7 -

A pre-bid meeting will be held at the office of WBHDCL for the purpose of clarification(s)

required by the Bidders on any matter that may be raised at that stage as stated in Clause

9.2 of 'Instructions to Bidders' (ITB) of the Bidding Document. (Other details can be seen in

the Bidding Documents.)

WBHDCL shall receive Bids in accordance with and as per the terms and conditions set forth

in the Bidding Document and other documents to be provided by the WBHDCL pursuant to

the Bidding Document, as modified, altered, amended and clarified from time to time by the

Authority (collectively the "Bidding Document"), and all Bids shall be prepared and

submitted in accordance with such terms and conditions on or before the Bid Due Date.

Please note that the Authority reserves the right to accept or reject all or any of the bids

without assigning any reason whatsoever. Conditional Bids shall be rejected.

Chief General Manager WBHDCL Address of Communication and submission of Bid Chief General Manager

West Bengal Highway Development Corporation Limited

4th& 5th Floor, HRBC Bhawan

Munshi Prem Chand Sarani

Kolkata -700021

Web Site http: www.wbhdcl.gov.in.

Tel.: (033) 2262 5267, Tele-fax: (033) 2262 5266,

Email : [email protected]

mailto:[email protected]

BIDDING DOCUMENT


- 8 -

SECTION – 1

INSTRUCTIONS TO BIDDERS

(ITB)

BIDDING DOCUMENT


- 9 -

SECTION 1

INSTRUCTIONS TO BIDDERS (ITB)

Table of Clauses

Description Page No.

Description Page No.

A. General

1. Scope of Bid 2. Source of Funds

3. Eligible Bidders

4. Qualification of the Bidder 5. One Bid per Bidder

6. Cost of Bidding 7. Site Visit

B. Bidding Documents

8. Content of Bidding Document 9. Clarification of Bidding Documents

10. Amendment of Bidding Documents

C. Preparation of Bids

11. Language of Bid 12. Document comprising the Bid

13. Bid Prices

14. Currencies of Bid and Payment 15. Bid Validity

16. Bid Security 17. Alternative proposals by bidders

18. Format and signing of Bid

D. Submission of Bids

19. Sealing and Marking of Bids 20. Deadline for submission of Bids

21. Late Bids

22. Modification and withdrawal of Bids

E. Opening and Evaluation

23. Bid opening 24. Process to be confidential

25. Clarification of Financial bids 26. Examination of Bids and

determination of responsiveness 27. Correction of errors

28. Deleted

29. Evaluation and comparison of Financial Bids

30. Deleted

F. Award of Contract

31. Award Criteria

32. Employer's Right to Accept any Bid and to Reject any or all Bids

33. Notification of Award and Signing of Contract

34. Performance Security

35. Advance Payment and Security 36. Dispute Review Expert

37. Corrupt and Fraudulent Practices

BIDDING DOCUMENT


- 10 -

A. GENERAL

1. Scope of Bid 1.1. The West Bengal Highway Development Corporation Limited (hereinafter referred to

as the “Employer”) invites Bids for the works (as defined in these documents and referred to as "the Works/Project") as provided in the table given in IFB.

1.2. The Successful Bidder shall be expected to complete the Works by the intended Completion Date specified in the Contract Data (the “Completion Date”).

1.3. Throughout this Bidding Document, the terms 'Bid' and 'Tender' and their derivatives

(bidder/tenderer, bid/ tender, bidding/ tendering, etc.) are synonymous. 2. Source of Funds 2.1. The expenditure on this Project shall be met from fund to be provided by PWD /

WBHDCL / CRF / Govt of India. 3. Eligible Bidders 3.1. This Invitation for Bids is open to all the Bidders who satisfy the Qualifying Criteria

set out in the Qualification Information in Section -2 3.2. All bidders shall provide in Section 2- Qualification Information, a statement that the

Bidder is neither associated, nor has been associated, directly or indirectly, with the Consultant or any other entity that has prepared the design, specifications, and other documents for the Project or being proposed as Project Manager for the Contract. A firm that has been engaged by the Employer to provide consulting services for the preparation or supervision of the Works, and any of its Affiliates, shall not be eligible to Bid for the Project.

3.3. For the purpose of this clause 3.2 “Affiliate” means, in relation to either Party, a

person who controls, is controlled by, or is under the common control with such Party (as used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person, whether by operation of law or by contract or otherwise)

4. Qualification of the Bidder 4.1. All bidders shall provide in Section 2 - Qualification Information, a preliminary

description of the methodology for undertaking the Work and schedule, including drawings and charts, as necessary. The proposed methodology should include programme of construction backed with equipment planning and deployment and must be duly supported with broad calculations and quality assurance procedures that are proposed to be adopted so as to justify their capability of execution and

BIDDING DOCUMENT


- 11 -

completion of the Work as per technical specifications, within the stipulated period of completion.

4.2. A Bidder must be:

i. Deleted.

ii. Partnership firm (with the all the partners having residence in India) or Limited

Liability Partnership under the Limited Liability Partnership Act 2008, or

iii. Company registered in India under Indian Companies Act 1956 or Companies

Act 2013 as the case may be.

Joint Venture or Association of Firms is not eligible for this Bidding Process and they need not apply. Foreign firms/entities, with only registration for place to carry out business in India, are also not eligible to apply. An Applicant must not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process.

4.3. Conflict of Interest

An Applicant shall be deemed to have a Conflict of Interest affecting the Bidding Process, in case of following broad reasons, which are indicative and not exhaustive: i. If the Applicant or a member/constituent of the Applicant has more than 5%

share in any other Applicant or Member / constituent of any other Applicant.

ii. If any individual or any proprietorship firm or partnership firm or any company

who is not an Applicant but has more than 5% share in any two or more

Applicant or in any member /constituent of any or more Applicants, provided

that this disqualification shall not apply to any holding of more than 5% share

by a bank, insurance company, pension fund and /or public financial institution

referred to in Section 2(72) of Companies Act 2013.

iii. if such Applicant has participated as a consultant to the Authority in the

preparation of any documents, design or technical specifications of the Project.

4.4. Qualification Criteria

4.4.1. Qualification will be based on Bidder‟s meeting all the following minimum pass/fail

criteria regarding the Bidders‟ general and particular experience, personnel and equipment capabilities, and financial position, as demonstrated by the Application‟s responses in the forms and format attached in Section-2. All qualifications and experience to be considered must be experience as Prime Agency/Contractor during the last 5 (Five) years prior to the base financial year considered of similar nature under the authority of State / Central Government Department, Government Undertakings and Government institutions. Subcontractors‟ experience and resources shall not be taken into account in determining the Applicant‟s compliance with the qualifying criteria unless such sub-contractor is the nominated/approved sub-contractor of the Employer/Client (State / Central Government Department, Government Undertakings and Government institutions only who has awarded the

BIDDING DOCUMENT


- 12 -

work to the Prime Agency) and the Applicant produces documentary evidence, from the Employer, in form of certificate duly signed by the Employer (State / Central Government Department, Government Undertakings and Government institutions only who has awarded the work to the Prime Agency) clearly stating the extent the work in value terms in rupees or percentage of contract price in rupees as well as major items of work sub-contracted and successfully executed by the Applicant as approved/nominated sub-contractor to which such Certificate has been issued and also provided that the Prime Agency must also be a State /Central Government enterprise/undertaking. Further provided, that if the contract of Prime Agency has been terminated or abandoned or rescinded for any reason whatsoever, experience of Applicant as sub-Contractor of such Prime Agency shall not be considered irrespective of certificate issued by the Employer. WBHDCL reserves the sole right in determining whether experience as sub-contractor of an Applicant shall be considered or not and such decision shall be final and binding on all Applicant. To qualify, the Bidder must demonstrate having experience and resources sufficient to meet the aggregate of the qualification criteria for the contract stated here-below:

4.4.2. Base Year and Escalation Following enhancement factors will be used for the costs of works executed and the financial figures to a common base value for works completed in India. Base Year shall be the year on which Date of Notice Inviting Bid falls. For avoidance of any doubt, financial year for the purpose of this Application shall mean the accounting year followed by the Applicant in its normal business.

Multiplying factor for updating

Financial Year (April 01st to March 31st)

Multiplying Factor

2017 – 2018 1.00

2016 - 2017 1.10

2015 – 2016 1.20

2014 – 2015 1.30

2013 – 2014 1.40

2012 - 2013 1.50

Base Financial Year is FY 2018 – 2019 Applicant should indicate actual figures of costs and amount for the works executed by them without accounting for the above mentioned factors. In case the financial figures and value of completed works are in foreign currency, the above enhanced multiplying factors will not be applied. Instead, current market exchange rate (State Bank of India BC Selling rate as on the last date of submission of the bid) will be applied for the purpose of conversion of amount in foreign currency into Indian rupees.

BIDDING DOCUMENT


- 13 -

In the event the last date of Bid submission falls within six months of the closing of the latest financial year, it shall ignore such financial year for the purpose of its Application and submit the Audited Annual Reports preceding the latest financial year, if the accounts for the latest Financial Year are not audited.

4.4.3. Mandatory Qualification: The Applicant shall meet the following minimum criteria: A. Average annual turnover (defined as billing for works in progress and completed

in all classes of civil engineering construction works only), during the last five years prior to the base financial year shall of 40 per cent of the Estimated Project Cost.

B. Technical Experience: in successfully completing or substantially completing at

least one contract of strengthening / widening / reconstruction of at-least one 2/4 lane road project of at least 40 per cent of the Estimated Project Cost during last five years prior to the base financial year.

C. Should have successfully completed construction of at least 3 KM (lane KM) of Plain Jointed Cement Concrete Pavement which has been designed in consonance with IRC 58 in the last five years prior to the base financial year.

Copy of LOA, copy of signing of Agreement and Original/attested Copy of certificate of completion /substantial completion of the project with certificate of receipt of payment with values of such payment from the Employer must be enclosed In case a project has been executed by a joint venture, weightage toward experience of the project would be given to each joint venture in proportion to their participation in the joint venture. However in such case, Joint Venture Agreement submitted by the Contractor to the Employer prior to issuance of LOA /signing of Agreement shall only govern to assess proportion of their participation and subsequent Joint Venture Agreement /Modifications /Amendments shall not be taken into consideration. Substantially completed work means those work which are least 90% completed as on the date of submission (i.e. gross value of work done up to the date of Notice Inviting Tender is 90% or more of the original contract price) and continuing satisfactorily. For these, a Certificate from the employer shall be submitted along with the application incorporating clearly the name of the work, Contract value, billing amount, date of commencement of work, satisfactory performance of the Contractor and any other relevant information. Such Certificate from the Supervision Consultant of the Employer, if any, shall, not be accepted as valid document.

4.4.4. Personnel Capabilities

The Applicant must have suitably qualified personnel to fill the following positions. The applicant will supply information on a prime candidate and an alternate for each position, both of whom should meet the experience requirements specified below: (Suggested list is given in Annexure-I)

BIDDING DOCUMENT


- 14 -

4.4.5. Equipment Capabilities

The Applicant should own or should have assured ownership to the following key items of equipment, in full working order, and must demonstrate that, based on

known commitments; they will be available for use in the proposed contract.

The applicant must own / hired through lease agreement in between leaser & lessee as required plant & machinery (Detail as mentioned in Annexure -II). The required plant& machineries of prescribed specification as shown in format. Conclusive proof of own /hired (Tax invoice, waybill, delivery challan, in corporation in the balance sheet as fixed assets for own and lease agreement in between leaser & lessee for hired) for each plant& machineries in working condition shall have to be submitted. Present location of installation of main plant & machineries and status are mentioned clearly in written. If the same is already engaged in other works, then name of client along with his contact no. should be furnished in the declaration by the intended Applicant countersigned by the client with tentative date of release of such plant & machineries where the same are presently engaged. If necessary, authority may inspect plant & machinery physically or called for the original documents as proof of ownership of the same. (Suggested lists is given in Annexure-II)

4.4.6. Financial Position The Applicant should demonstrate that he has access to, or has available, liquid assets (aggregate of working capital and uncommitted bank guarantees excluding Fixed Deposits pledged with banks for obtaining Bank Guarantee) not less than 10 per cent of the value of the contract applied for (construction cash-flow may be taken as 10 per cent of the Estimated Project Cost. The Applicant shall have a minimum Net Worth (the “Financial Capacity”) of 10% of the Estimated Project Cost at the close of the preceding financial year. Net worth is usually defined as the aggregate value of the paid up share capital and all reserved created out of profits and securities premium account after deducting aggregate value of accommodated losses, deferred expenditure and miscellaneous expenditure not written off as per audited Balance Sheet but does not includes reserves created out of revaluation of assets, write-back of depreciation and amalgamation. In case, Bidder is a company under Companies Act 1956 or 2013, net worth must be certified by the Statutory Auditor.

4.4.7. The audited balance sheets for the last five years should be submitted, which must demonstrate the soundness of the Applicant‟s financial position, showing long-term profitability including an estimated financial projection for the next two years. If necessary, the Employer will make inquiries with the applicant‟s bankers.

4.4.8. Litigation History

BIDDING DOCUMENT


- 15 -

The Applicant should provide accurate information on any litigation or arbitration resulting from contracts completed or under execution by him over the last five years. A consistent history of awards against the Applicant or any partner of a joint venture may result in failure of the applicant.

4.4.9. Bid Capacity Applicant shall demonstrate to have Bid Capacity equal to the Estimated Cost of each Package applied for by the Bidder which has been put to Bid. The available bid capacity will be calculated as under: Assessed Available Bid Capacity = (A*N*2*-B), where A = Maximum value of work executed in any one year during the last five

years preceding the year on which date of Notice Inviting this Bid falls (updated to the current price level, if applicable) rate of inflation may be taken as 10 per cent per year prior to FY: 2017 – 2018, which will take into account the completed as well as works in progress

B = Value at current price level of the existing commitments and ongoing works to be completed during the next “N” year (where “N” = likely period of completion of work) and

N = Number of years prescribed for completion of the works for which the bids are invited shall be taken as 1.0 for this RFP/Bidding Documents

4.4.10. Disqualification

Even though the Applicants meet the above criteria, they are subject to be disqualified if they have:

i. made misleading or false representation in the form, statements submitted; and/or

ii. Records of poor performance such as abandoning the work, rescinding of contract for which the reasons are attributable to the non-performance of the contractor; consistent history of litigation awarded against the Applicant or financial failure due to bankruptcy

iii. has failed to submit Performance Security within stipulated time and /or failed to enter into Agreement for a civil works contract after being issued letter of Acceptance or declared as successful bidder during last one year

The rescinding of contract of a joint venture on account of reasons other than non-performance, such as Most Experienced partner of joint venture pulling out, court direction leading to braking up of a joint venture before the start of work, which are not attributable to the poor performance of the contractor will, however, not affect the qualification of the individual partners.

4.4.11. Right to Waive

BIDDING DOCUMENT


- 16 -

The Employer reserves the right to waive minor deviations in the qualification criteria if they do not materially affect the capabilities of an Applicant to perform the contract such case decision of the Employer shall be final and binding on all the Bidders.

4.4.12. Submissions of Forms and Formats in Technical Bid

The Bidders, along with their Bid, shall submit all the Forms and Formats enclosed in Section -2 only. The Forms shall include:

Forms and Formats in Section -2

Sl No.

Forms Particulars

1 Form – I General Information

2 Form – II General Construction Record

3 Form – III Particular Experience Record

4 Form – IV Summary Sheet: Current Contract Commitments / Works In Progress

5 Form – IV A Summary Sheet Experience As Prime Contractor On Works Of Similar Nature Over The Last Five Years

6 Form – IV B Calculation of Assessed Bid Capacity

7 Form – V Personnel Capabilities

8 Form – V A Candidate Summary

9 Form – VI Equipment Capabilities

10 Form – VII Financial Capacity Of The Bidder

11 Form – VII A Financial Capacity Of The Bidder

12 Form – VIII Litigation History

13 Form – VIII A Information Regarding Current Litigation, Debarring / Expelling Of Tenderer Or Abandonment Of Work By Tenderer

14 Form – IX Statement Of Legal Capacity

15 Form – X

Bidder must submit Evidence of access to or availability of credit facility minimum 10% of the Estimated Cost of the Package for which Bid is submitted and certified by the Bankers (Not more than 1(one ) months old) as per Format enclosed in Section -2

BIDDING DOCUMENT


- 17 -

16 Form – XI Power of Attorney for signing bid documents as per Format enclosed in Section -2

17 Form – XII Latest Income Tax clearance Certificate from the concerned department. Registration Certificate for Employees‟ Provident and ESI

18 Form – XIII

The proposed methodology and programme of construction, backed with equipment planning and deployment, duly supported with broad calculations and quality control procedures proposed to be adopted, justifying their capability of execution and completion of the Work as per technical specifications within the stipulated period of completion as per milestones

19 Form – XIV

Undertakings And Affidavits a) Undertaking for deployment of mandatory

Personnel as per Format enclosed in Section -2 b) Undertaking for deployment of mandatory

Equipment as per Format enclosed in Section -2.

c) Undertaking confirming that the Bidder has visited site prior to submission of Bid per Format enclosed in Section -2

d) Undertaking that Bid shall remain valid for the period specified in Clause 15.1 as per Format enclosed in Section -2

e) Affidavit accompanying the Bid as per Format enclosed in Section-2

5. One Bid per Bidder 5.1. Each Bidder shall submit only one Bid for this work. A Bidder who submits or

participates in more than one Bid will result in all the proposals with the Bidder's participation to be disqualified.

6. Cost of Bidding

6.1. The Bidder shall bear all costs associated with the preparation and submission of his

Bid, and the Employer will in no case be responsible and liable for any costs arising as a result thereof.

7. Site Visit

7.1. The Bidders, at their own responsibility and risk shall visit and examine the Site of

Work and its surroundings and obtain all the relevant information related to the Site

BIDDING DOCUMENT


- 18 -

and surroundings which shall include but not be limited to information regarding the availability of material and its sources, climatic conditions, utilities and encumbrances, local conditions, traffic condition on the existing Project road and all other information that may be necessary for preparing the Bid and entering into the Contract for the Work. The costs of visiting the Site shall be at the Bidder's own expense. The Bidder shall submit an Undertaking in this regard as per the format provided in Section 2.

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

8.1. The set of Bidding Documents comprises of the documents listed below and any

addenda issued in accordance with Clause 10 hereof:

Section Particulars Volume No.

Invitation for Bids

I

1 Instructions to Bidders & Appendix to ITB

2 Qualification Information

3 Conditions of Contract

3A Conditions of Particular Application

4 Contract Data

5 Technical Specifications

6 Form of bid

7 Bill of Quantities

8 Securities and other forms

9 Drawings

10 Documents to be Furnished by the Bidders

8.2. Standard Bidding Document – Procurement of Civil Works of MORT&H, Government

for India shall be procured by the Bidder in Hard Copy from IRC. Vol I, shall have to be downloaded from the specified website except the Specifications for Road and Bridge Works (Fifth Revision) published by Indian Roads Congress, New Delhi. The Documents to be furnished by the Bidders in compliance with section 2 shall be prepared by the Bidders and furnished as Volume-V in two parts (refer Clause 12).

8.3. The Bidders are expected to examine carefully all instructions, the Conditions of Contract, the Contract Data, the forms, terms, the technical specifications, bill of quantities, Annexes and drawings in the Bid Documents. Failure on part of a bidder

BIDDING DOCUMENT


- 19 -

to comply with the requirements of Bid Documents shall be at the sole risk of such Bidder. Bids which are not substantially responsive, pursuant to Clause 26 hereof, to the requirements of the Bid Documents shall be summarily rejected.

9. Clarification on Bidding Documents

9.1. A Bidder requiring any clarification on the Bidding Documents may notify the

Employer by e-mail / speed post at the Employer's address that was indicated in the ITB. The Employer shall respond to any request for clarification received till Pre-Bid Meeting. Copies of the Employer's response shall be uploaded on the website of the Employer including a description of the enquiry but without identifying the source of such query.

9.2. Pre-bid meeting

9.2.1. A Bidder or its official representative, who choose to attend, are invited to attend a

pre-bid meeting which will take place at the address, venue, time and date as indicated in the page – 02 of this bidding document.

9.2.2. The Pre-bid Meeting shall be held for the purpose of providing clarifications on the

relevant issues related to the Bid Documents that may arise at that stage.

9.2.3. The Bidders are requested to submit their queries in writing or by Email/Fax. Queries

that reach the Employer after the Pre-bid Meeting shall not be entertained.

9.2.4. Minutes of the meeting, including the text of the queries (without identifying the

source of enquiry) and the responses given will be uploaded on the website of the Employer. Any modification of the Bidding Documents listed in Sub-Clause 8.1 which may become necessary as a result of the Pre-bid Meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 10 uploaded on the website of the Employer and not through the minutes of the Pre-bid Meeting.

9.2.5. Non-attendance of a Bidder or its authorized representative at the Pre-bid Meeting

shall not be a cause for disqualification of a Bidder.

10. Amendment of Bidding Documents

10.1. The Employer may, at any time prior to the Bid Due Date modify the bidding

documents by issuing an addendum to that effect or by issuing amended Bid Document.

10.2. Any addendum thus issued shall be part of the Bidding Documents and shall be

uploaded on the website of the Employer. The Bidders shall keep a track of all relevant updates available on the website of the Employer. The uploading of any Notice / Clarification / Addendum / Corrigenda to the Bidding Document on official website of the Employer (i.e., http:\\www.etender.wb.nic.in and http:\\www.wbhdcl.gov.in) and shall be adequate discharge of its obligation to notify / intimate / communicate such content and the Employer shall not be in any way

BIDDING DOCUMENT


- 20 -

liable for any further communication with the Bidders by e-mail/Fax etc. to that effect.

10.3. To give the Bidders a reasonable time in which to take an addendum into account in

preparing their Bids, the Employer may, at its sole discretion, extend the Bid Due Date, in accordance with Sub-Clause 20.2 herein below.

C. PREPARATION OF BIDS

11. Language of the Bid

11.1. All documents submitted by a Bidder relating to its Bid shall be in English language

only.

12. Documents Comprising the Bid

12.1. The e-bid submitted by the bidder shall be in two separate parts i. Part – I

This shall be named Technical Bid. Technical Bid shall be submitted as e-Bid (to e-tender portal) and with some documents in physical form in Sealed Envelope marked Technical Bid – OFFLINE DOCUMENT (to office of the Chief General Manager, WBHDCL as specified in Clause 12.2)

ii. Part – II It shall be named Financial Bid and shall comprise of. (i) Form of Bid as specified in Section 6 and (ii) Priced Bill of Quantities for items specified in Section 7

12.2. Documents to be submitted in physical form must reach the Chief General Manager, West Bengal Highway Development Corporation Limited, Kolkata, by stipulated time on the Bid Due Date.

Though, the scanned copies of following documents is required to be uploaded during submission of e-bid on the e-tendering portal of www.wbtender.gov.in As per clause 12.1 above, however, following original documents in physical form shall be submitted in a sealed envelope on the bid due date and addressed to the addressee given in the NIT duly super scribed “Name of Work, Bid due date and time”. Name and address of the bidder should also be indicated on the envelope.

a) Cost of Bidding Document (Non Refundable)

b) Written Power of Attorney of the signatory (whose digital signature certificate is used during e-tender submission) of the bidder to commit the bid in original

c) Hard Copy of all Forms and Certificates , Undertakings and Affidavits and etc. as per Section II, clause 4.4.12 which has been uploaded to e-tender portal

BIDDING DOCUMENT


- 21 -

d) Original experience certificate or copy of certificate duly signed by authorized signatory which has been uploaded to e-tender portal

12.3. The Bidders shall prepare ( hard bound only , not spirally bound ) Hard Copy of one

original and One copy of documents (except Bank Draft and Bid Security which should not be bound ) to be submitted in physical form and submit in Sealed Envelope marked Technical Bid – OFFLINE DOCUMENT. Financial Bid shall be submitted in online mode only and Hard Copy of Financial Bid shall not be submitted.

12.4. The Following documents, which are not submitted with the bid, will be deemed to

be part of the bid. Submission of Bid shall be deemed as an acknowledgement by the Bidder that such Bid has been submitted after perusal and acceptance of all the documents stated herein below under this sub-clause 12.4, which are not submitted with the Bid.

Section Particulars Volume No.

Invitation for Bids

I

1 Instructions to Bidders & Appendix to ITB

3 Conditions of Contract

4 Contract Data

5 Technical Specifications

8 Securities and other forms

13. Bid Prices

13.1. The Contract shall be for the entire Work as described in Sub-Clause 1.1 herein,

based on the priced Bill of Quantities submitted by the Bidder.

13.2. The Bidders shall fill in rates (in figures only) for all items of the Works described in

the Bill of Quantities. Items for which no rate or price is entered by a Bidder will not be paid for by the Employer when executed and shall be deemed to be covered by the other rates and prices in the Bill of Quantities.

13.3. All duties, taxes, royalties, Cess, including 1% Cess under W.B. Building and other

Construction Workers (Regulation of Employments & Condition of Service) Act, 1996, toll, taxes and other levies payable by the Contractor under the Contract to the State / Central Government for any other cause, shall be included in the rates, prices and total Bid price submitted by the Bidders. 1% Cess under W.B. Building and other Construction Workers (Regulation of Employments & Condition of Service) Welfare Cess Act, 1996 will be deducted from the running bills of the Selected Bidder.

13.4. The rates and prices quoted by the Bidders shall be fixed for the duration of the

Contract and shall not be subject to adjustment on any account.

BIDDING DOCUMENT


- 22 -

14. Currencies of Bid and Payment

14.1. The unit rates and the prices shall be quoted by the Bidder in Indian Rupees only. All

payments shall be made in Indian Rupees.

15. Bid Validity

15.1. Bids shall remain valid for a period not less than 180 days after the deadline date for

bid submission specified in Clause 20. A bid valid for a shorter period shall be rejected by the Employer as non-responsive.

15.2. In exceptional circumstances, but prior to expiry of the validity of the Bids, the

Employer may request the Bidders to extend the period of validity of their respective Bids for a specified additional period. The request and the Bidders' responses shall be made in writing or by Email/Fax. In case a Bidder refuses the said request of the Employer, its Bid Security shall not be forfeited. A Bidder agreeing to the said request shall not be permitted to modify its Bid, but shall be required to extend the validity of its Bid Security for the relevant period of the extension, and in compliance with Clause 16 in all respects.

15.3. Deleted

15.4. Deleted

16. Bid Security

16.1. The Bidders shall furnish, as part of their Bids, a Bid Security in the amount as

mentioned in the table of IFB. The Bid Security shall be in favour of the Employer as named in Appendix and acceptable to the Authority, as per the format provided herein. Any Bid not accompanied by the Bid Security shall be summarily rejected by the Employer as non-responsive. a) Bank Guarantee should be issued by either of the following banks.

i. State Bank of India or its subsidiaries, ii. Any Indian nationalized Bank, iii. Any Scheduled Commercial Bank approved by RBI having a net worth of

not less than Rs. 500 Crores as per the latest Annual Report of the Bank Bank Guarantee from any Co-operative or Local Banks shall not be accepted.

Provided further that such Bank Guarantee; issued as the Bid Security and submitted by the Bidder shall be valid for 28 days beyond the validity of the Bid. Bid Security in form of Bank Guarantee which falls short of validity as stated above, shall render the Bid non-responsive and such Bid shall be rejected. Bid Security in any other form shall not be acceptable and, if submitted in any other form, the Bid shall be declared non-responsive.

16.2. Deleted.

BIDDING DOCUMENT


- 23 -

16.3. Any Bid not accompanied by an acceptable Bid Security and not secured as indicated

in Sub-Clause 16.1 above, shall be rejected by the Employer as non-responsive.

16.4. The Bid Security of unsuccessful Bidders shall be returned within 28 days after the end of the Bid Validity Period specified in Sub-Clause 15.1.

16.5. The Bid Security of the Successful bidder shall be returned when the Selected Bidder furnishes the required Performance Security and signs the Contract.

16.6. The Bid Security may be forfeited: a) If a Bidder, within the period of Bid Validity withdraw its Bid after opening of the

Bids;

b) Deleted

c) if the Successful Bidder fails, within the specified time limit, to: i. sign the Contract; or ii. Furnish the required Performance Security

17. Alternative Proposals by Bidders

17.1. Bidders shall submit offers that fully comply with the requirements of the Bidding

Documents, including the Conditions of Contract, basic technical design as indicated in the drawings and specifications. Conditional offers or alternative offers shall not be considered and shall be returned as non-responsive.

18. Format and Signing of Bid

18.1. The Bidder shall submit e-bid comprising of the documents as described in Clause 12

of the ITB.

18.2. The documents to be submitted in the physical form along with the fees/security

shall be typed or written in ink and shall be signed by a person duly authorized to sign on behalf of the bidder. All the pages of the documents in physical form as mentioned here shall be signed by the person/persons signing the bid. Documents as mentioned here shall contain no overwriting, alterations or additions, except those to comply with instructions, issued by the employer or as necessary to correct errors made by the bidder, in which case such corrections shall be made by scoring out the cancelled portion, writing the correction and signing and dating it along with the stamp by the person or persons signing the Bid. The submissions of physical mode shall be in bound volumes (excepting Bank Draft, Bank Guarantee) and clearly marked “ORIGINAL” and “COPY” as appropriate. In the event of discrepancy between the original and the copy, the original shall prevail. Financial Bid shall be submitted in electronic Mode only and NOT in Physical/Paper Mode

D Instruction for Submission of Bids (By E-Tendering Mode)

BIDDING DOCUMENT


- 24 -

19. General guidance for e-Tendering

Instructions/ Guidelines for tenders for electronic (online) submission of the tenders have been annexed for assisting the contractors to participate in e-Tendering.

19.1. Registration of Contractor:

Any contractor willing to take part in the process of e-Tendering will have to be enrolled & registered with the Government e-Procurement system, through logging on to http://etender.wb.nic.in. The bidder is to click on the link for e-Tendering site as given in the web portal.

19.2. Digital Signature Certificate (DSC):-

Each bidder is required to obtain an appropriate class of Digital Signature Certificate (DSC) for submission of tenders / bids from the approved service provider of the National Information‟s Centre (NIC) on payment of requisite amount. Details are available at the Web Site.

19.3. The bidders may search & download NIT & Tender/ Bid Documents electronically

from computer once he logs on to the website (http://etender.wb.nic.in) using the Digital Signature Certificate. This is the only mode of collection of Tender Documents. No payment is to be made to the department for down loading the bid documents.

19.4. Participation in more than one work:- If there are multiple works, a bidder can

participate in more than one work provided the bid capacity permits and the bidder is capable to arrange and deploy separate set of required machineries for multiple works and complete the work in specified time

19.5. Submission of Tenders/ Bids:- Tenders are to be submitted through online to the appropriate website in two folders at a time for each work, one in Technical Proposal & the other in Financial Proposal within the prescribed date & time using the Digital Signature Certificate (DSC). The documents free from virus, scanned, transformed into in-editable formats and duly Digitally Signed are to be uploaded in web portal. Some documents shall have to be submitted in physical /offline mode. (A) Technical proposal:-

The Technical proposal should contain scanned copies of the following further two covers (folders).

(A-1) Statutory Cover

Statutory Cover (to be submitted through online) containing:-

i. Application duly typed/ written and duly signed in letter headed pad (as per Format given)

BIDDING DOCUMENT


- 25 -

ii. Financial Statement iii. Affidavits (Ref: - as per format given for Affidavit & Declaration through

Affidavit in non-Judicial Stamp of appropriate value duly Notarized (A-2) Non-Statutory Cover

Sl No. Documents Details

1 Certificates

Professional Tax (P.T.) deposit receipt challan for the financial year 2016-17, PAN Card, Receipt of I.T. (Saral) for the Assessment year 2017-2018, GST Registration Certificate, Valid Trade License

2 Company Details

i. Registration Certificate under Company Act. (If any)/Registered contractors (as applicable as per G.O.)

ii. Registered or Notarized Deed of partnership Firm/Registered Article of Association & Memorandum.

iii. Registered Power of Attorney (applicable for Partnership Firm/ Private Limited/Limited Company)

3 Plant and Machinery

Scanned copies are to be submitted (online): i. Authentic photocopies of Tax Invoice, Delivery

Challan and Way bill for each Plant and machinery in working condition shall have to be submitted.

ii. Other documents including registered deed of sale and lease hold agreement (as the case may be, duly Notarized) etc. and supporting documents as required and mentioned under relevant clause-3, Sl. No. i to vi of special Terms and Conditions of this NIT are to be submitted

4 Technical Personnel

List of Technical staffs along with structure & organization shall have to be submitted

5 Credential Documents as required under relevant clause of this Bidding Document are to be submitted

Documents (which are to be uploaded) shall include:- Part – I a) All forms (i.e. Form I- to Form –IX), undertakings, Affidavits etc. mentioned in

section 2, clause no 4.4.12 along with Format for Evidence of Access to or availability of Credit Facilities and as per format given under Appendix-I (i.e. Form I- to Form –IX) with necessary supporting documents

BIDDING DOCUMENT


- 26 -

b) Power of Attorney for signing the BID as per the format at Appendix-I;

c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the

format at Appendix-I;

d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at Appendix-I;

e) Affidavits accompanying the Bid as per Format enclosed in Section-2;

f) Bid Security amounting in the form of bank Guarantee in the format given in section -8 of Bidding Document Volume – I.

g) DD for Cost of Bidding Document (Non-refundable) payable on any scheduled Bank at Kolkata and drawn in favour of West Bengal Highway Development Corporation Limited towards Cost of Bidding Documents

Part – II

a) Form of Bid as specified in Section 6 and

b) Priced Bill of Quantities for items specified in Section 7

The Bidder shall submit the following documents in Original physically in a Sealed Envelope (Mkd. Offline Documents) stating name and reference of Work /Bid and name of the Bidder within Bid Due Date and Time at WBHDCL containing:-

Part – I a) Original Power of Attorney for signing the BID as per format at Appendix-I;

b) Bid Security in the form of bank Guarantee in the format given in section -8 of

Bidding Document Volume – I

c) DD for Bid Document Fee (Rs 1,10,000/-) (Non-refundable) payable on any scheduled Bank at Kolkata and drawn in favour of “West Bengal Highway Development Corporation Limited” towards Cost of Bidding Documents

Part – II (Technical Bid – Offline Document) a) The Bidders shall prepare (hard bound only, not spirally bound) Hard Copy of one

original and one copy of documents (except Bank Draft and Bid Security which should not be bound) to be submitted in physical form and submit in Sealed Envelope marked Technical Bid –OFFLINE DOCUMENT .Financial Bid shall be submitted in online mode only and Hard Copy of Financial Bid shall not be submitted. Technical Bid –OFFLINE DOCUMENT shall include all forms (i.e. Form I- to Form –IX), undertakings, Affidavits etc. mentioned in section 2, clause no 4.4.12 along with Format for Evidence of Access to or availability of Credit

BIDDING DOCUMENT


- 27 -

Facilities and as per format given under Appendix-I (i.e. Form I- to Form –IX) with necessary supporting documents

b) Documentary evidence mentioned in forms are required to be submitted to substantiate your claim against Form –I to Form –IX as mentioned under Appendix-I, Annexure – I, [Minimum Key personnel for the project, (Reference Cl. 4.4.4 of ITB)] and Annexure-II [Minimum Nos. of equipment required for the project (Cl. 4.4.5 OF ITB)]

c) Copy of document supporting legal status of the Bidder

d) Attach audited financial statements (audited balance sheets) for the last five years for the Bidder

20. Deadline for Submission of the Bids 20.1. Technical & Financial Bid comprising of the documents listed in the Bidding

Document shall be submitted online through e-procurement portal [https://etender.wb.nic.in] on or before Bid Due Date and Time. Documents listed for submission in physical form shall be physically submitted on or before deadline on Bid Due Date at the address provided in Invitation for Bid the manner and form as detailed in this Bidding Document.

20.2. The Employer may extend the deadline for submission of Bids by issuing an

amendment in accordance with Clause 10, in which case all rights and obligations of the Employer and the Bidders previously subject to the original deadline will then be subject to the new deadline. Employer shall not be liable for loss or delay in delivery of Bid sent by post or courier.

21. Late Bids 21.1. E-procurement portal: [https://etender.wb.nic.in] shall not allow submission of any

Bid after the prescribed Bid Due date and time. Physical receipt of documents after the prescribed date and time at clause 20.1 shall not be considered and the bid shall be summarily rejected.

22. Modification and Withdrawal of Bids 22.1. Deleted

E. BID OPENING AND EVALUATION

23. Bid Opening

23.1. Bid Evaluation Committee: Bid Evaluation committee shall be constituted by

WBHDCL for determination of technically qualified contractors.

23.2. Opening of Proposals

BIDDING DOCUMENT


- 28 -

Technical proposal:- Technical proposals will be opened by WBHDCL At first the Sealed Envelope (Mkd. Offline Documents) shall be opened physically and Bid Security, POA and Draft for Cost of Bidding Document shall be checked. If the documents in Envelop are in conformity with the Bidding Document, Cover (folder) of statutory documents under section-A would be opened first & if found in order, then cover (Folder) for non- statutory Documents under section-A will be opened.

For any discrepancy / dispute/ error/ in- conformity/ mismatch is found either in statutory or non-statutory documents or in documents, the said bid / tender may be rejected. At the time of downloading of Technical bid (for evaluation) if it is observed that, after trying best (even getting advice from N.I.C. or going through Revocation process) if any folder/file of web portal cannot be opened or found not in a readable format, it may be established that, there is some deficiency (due to missing operation) at intending tenderer‟s part in uploading of requisite documents in web portal, accordingly for such cases the Technical bid of the respective bidder will be summarily rejected. So, at the time of uploading bid & its related supporting documents in web portal care should be taken, so that during evaluation all the documents as to be submitted by the Bidders can opened & can found neat and clean in a readable format and as per prescribed . Note: Failure of submission by the Bidders of any of the above mentioned documents & for non-compliance (as stated above) may render the tender to be summarily rejected for both statutory & non statutory covers. Scrutiny & decision of the evaluation committee, the summary list (in Technical Bid Evaluation) of eligible bidders & the serial number of work for which their proposal will be considered in financial bid will be uploaded in the web portal. While evaluation, the committee may call the bidders to seek clarification / information or additional supporting documents or original hard copies of any documents which have already been submitted/ uploaded in the web portal by the bidders. Bidders shall have to submit such hard copies within specified time frame as to be stated by the Tender Evaluation Committee failing which the bid may be rejected. Financial proposal:- The financial proposal should contain the following documents in one cover (folder) i.e. Bill of Quantities (BOQ). The bidder is to quote the item rate online through computer in the space marked for quoting rate in the BOQ. Downloaded copies of the above documents are to be uploaded virus scanned & Digitally Signed by the bidder Form of Bid as specified in Section 6

BIDDING DOCUMENT


- 29 -

23.3. Suppression / distortion of facts

Submission of false/fabricated/manufactured/incorrect document or suppression of any completed or running or incomplete works (including works under PMGSY or any work in any other Department) or suppression or distortion of facts by the intending bidders is strictly prohibited, yet, if it is found/proved prior to issue of letter of acceptance; his/her/their bid will summarily be rejected and the case may be referred to the appropriate authority for prosecution as per rules and regulation with forfeiture of earnest money (including Bank Guarantee if any) to WBHDCL and the said bidder may be debarred from participating in bids in WBHDCL for a minimum period of 2 (two) years or more or may be black listed as deemed fit by the competent authority of the WBHDCL

23.4. Clarifications a) Deleted

b) A Bidder may be asked, in writing, pursuant to the opening of the Technical

Bid, to clarify or modify the Technical Bid, if necessary, with respect to any rectifiable defects (the “Clarification Letter”)

c) Such Bidder shall respond within 2 (Two) days of the issue of the Clarification Letter

d) Upon receipt of the clarifications, and after notifying the date, time and venue for making such declaration, the Evaluation Committee shall finalize the list of responsive Bidders whose Financial Bids are eligible for consideration and shall declare the names of the Bidders, who are found to be Technically qualified and responsive, in presence of such Bidders or their authorised representatives who choose to attend. In case of Bids that are found to be non-responsive in accordance with the Clause 23.4(iv) their corresponding Financial Bids shall not be opened

23.5. Deleted

23.6. Only the Financial Bids of the technically qualified and the responsive Bids shall be

opened in presence of such Bidders who wish to be present. The responsive Bidders' names, the Bid prices, the total amount of each Bid, any discounts, and all such details shall be announced by the Employer and recorded. No subsequent issue related to discount shall be taken into consideration

23.7. Deleted

23.8. The Employer shall prepare minutes of the Bid opening, including the information disclosed to those present in accordance with Sub-Clause 23.6

24. Process to be Confidential

BIDDING DOCUMENT


- 30 -

24.1. Information relating to the examination, clarification, evaluation, and comparison of Bids and recommendations for the Award of the Contract shall not be disclosed to the Bidders or any other persons not officially concerned with such process until the Award to the Successful Bidder has been announced. Any effort by a Bidder to influence the Employer's processing of Bids or Award decisions may result in the rejection of its Bid.

25. Clarification of Financial Bids

25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may,

at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of unit rates. The request for clarification and the response shall be in writing or by Email/Fax, but no change in the price or substance of the Bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids in accordance with Clause 27.

25.2. Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to its Bid from the time of the Bid opening to the time the Contract is awarded. If the Bidder wishes to bring additional information to the notice of the Employer, he should do so in writing.

25.3. Any effort made by the Bidder to influence the Employer during the Bid Evaluation, Bid comparison or Contract award decisions, may result in the rejection of the Bid of such Bidder.

26. Examination of Bids and Determination of Responsiveness

26.1. During the detailed evaluation of "Technical Bids", the Employer will determine

whether each Bid (a) has met the eligibility criteria and Qualification criteria defined in Clause 3 and 4 of ITB; (b) has been properly signed; (c) is accompanied by the required Bid Security and; (d) is substantially responsive to the requirements of the Bidding Documents. During the detailed evaluation of the "Financial Bid", the responsiveness of the Bids will be further determined with respect to the remaining bid conditions, i.e., priced bill of quantities, technical specifications, and drawings.

If the Cost of Bidding Document, Bid Security furnished does not conform to the amount and validity period as specified in the IFB and has not been furnished in the form specified in ITB, the Bid shall be rejected by the Employer as non-responsive. Subject to confirmation of the Bid Security by the issuing bank, the Technical Bid accompanied with valid Bid Security will be taken up for further evaluation. In case, the Bank does not confirm the Bid Security, the Bid shall be rejected as non-responsive and no further evaluation carried out.

26.2. A substantially responsive "Financial Bid" is one which conforms to all the terms, conditions, and specifications of the Bidding Documents, without any material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, or is inconsistent with the Bidding documents, the Employer's rights or the Bidder's obligations under the Contract; or (c) whose

BIDDING DOCUMENT


- 31 -

rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids.

26.3. If a "Financial Bid" is not substantially responsive, it shall be rejected by the Employer, and shall not subsequently be made responsive by correction or withdrawal of the non-conforming deviation or reservation.

27. Deleted

28. Deleted

29. Evaluation and Comparison of Financial Bids

29.1. The Employer shall evaluate and compare only the Bids determined to be

substantially responsive in accordance with Sub-Clause 26.2.

29.2. Deleted

29.3. The Employer reserves the right to accept or reject any variation or deviation. Variations and deviations and other factors, which are in excess of the requirements of the Bidding Documents or otherwise result in unsolicited benefits for the Employer, shall not be taken into account in Bid Evaluation.

29.4. The estimated effect of the price adjustment conditions under Clause 47 of the Conditions of Contract, during the period of implementation of the Contract, shall not be taken into account in Bid evaluation.

29.5. If the Bid of the Successful Bidder is seriously unbalanced in relation to the Engineer's estimate of the cost of Work to be performed under the Contract, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, the Employer may require that the amount of the Performance Security set forth in Clause 34 be increased at the expense of the Successful Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the Successful Bidder under the Contract.

30. Deleted

F. AWARD OF CONTRACT

31. Award Criteria

31.1. Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid has been determined

a) to be substantially responsive to the Bidding Documents and who has offered

the lowest evaluated Bid Price; and

b) Deleted

BIDDING DOCUMENT


- 32 -

32. Employer's Right to Accept any Bid and to Reject any or all Bids

32.1. Notwithstanding Clause 31, the Employer reserves the right to accept or reject any

Bid, and to cancel the Bidding Process and reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Employer's action.

33. Notification of Award and Signing of Contract

33.1. The Bidder whose Bid has been accepted shall be notified of the award by the

Employer prior to expiration of the Bid validity Period by cable, telex or facsimile confirmed by a registered letter (hereinafter referred as the "Letter of Acceptance"). This letter shall state the sum that the Employer shall pay to the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the "Contract Price").

33.2. The notification of Award through the Letter of Acceptance shall constitute the formation of the Contract, subject only to the furnishing of the Performance Security in accordance with the provisions of Clause 34.

33.3. The Contract shall incorporate all agreements between the Employer and the Successful Bidder. It shall be signed by the Employer and the Successful Bidder, within 14 (fourteen ) days of submission of Performance Security subject to Clause 34 , following the notification of Award through with the Letter of Acceptance. On the date of signing of the Contract, the Employer shall issue notice to the Contractor to proceed with the works (Notice to Proceed). Date of commencement of the project /contract shall be deemed to take effect 14(fourteen) calendar days after date of issuance of Notice to Proceed with the Work.

33.4. Upon the furnishing by the Successful Bidder of the Performance Security, the Employer shall, as soon as possible, notify the other Bidders that their Bids have been unsuccessful.

34. Performance Security

34.1. Within 14 (Fourteen) days of receipt of the Letter of Acceptance, the Successful

Bidder shall deliver to the Employer a Performance Security in any of the forms given below for an amount equivalent to 10% of the Contract Price plus additional security for unbalanced Bids in accordance with Clause 29.5 of ITB and Clause 52 of Conditions of Contract:

a) unconditional bank guarantee in the form given in Section 8; or b) Performance Security shall have to be for the full amount as stipulated in this

Clause

34.2. In case the Performance Security is provided by the Successful Bidder in the form of

a Bank Guarantee, it shall be issued at the Bidder's option, by a Nationalized/

BIDDING DOCUMENT


- 33 -

Scheduled Indian bank. Bank Guarantee from any Co-operative or Local Banks shall not be accepted.

34.3. Failure of the Successful Bidder to comply with the requirements of Sub-Clause 34.1 shall constitute sufficient grounds for cancellation of the Letter of Acceptance and forfeiture of the Bid Security. No extension of time limit set out for submission of such Performance Security shall be granted to the Bidder.

35. Advance Payment and Security

35.1. The Employer shall provide an Advance Payment on the Contract Price as stipulated

in the Conditions of Contract, subject to maximum amount, as stated in the Contract Data.

36. Dispute Review Expert

36.1. After signing of the Contract and not later than 28 days of issuance of Notice to

proceed / the Start Date, the Employer shall propose a panel of three names for the proposed Dispute Review Expert. One out of the three shall be appointed as Dispute Review Expert under the Contract, at a daily fee as indicated in Appendix plus reimbursable expenses.

36.2. The Bidder has to choose a name from the Panel of DRE proposed by the Employer, within 14 days of such intimation from the Employer. If the Bidder disagrees with this proposal, the Dispute Review Expert shall be appointed by the Council of Indian Roads Congress at the request of either party.

37. Corrupt or Fraudulent Practices

37.1. The Employer shall reject a proposal for Award if it determines that the Bidder

recommended for Award has engaged in corrupt or fraudulent practices in competing for the Contract in question and shall declare such Bidder ineligible, either indefinitely or for a stated period of time, to be awarded a contract with National Highways Authority of India / State PWD and any other agencies, if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for the contractor, or in execution.

37.2. Furthermore, Bidders shall be aware of the provision stated in Sub-Clause 23.2 and

Sub-Clause 59.2 of the Conditions of Contract.

BIDDING DOCUMENT


- 34 -

Appendix to ITB

1. The pre-bid meeting will take place at “West Bengal Highway Development

Corporation, 4th & 5th Floor, HRBC Bhawan, Munshi Prem Chand Sarani, Kolkata -700021

2. Address of the Employer - West Bengal Highway Development Corporation, 4th & 5th Floor, HRBC Bhawan, Munshi Prem Chand Sarani, Kolkata -700021

3. Identification NIT No.:- WBHDCL/CGM/eNIT-06/2018 – 2019 dated 28.05.2018 Name of work: Construction of Truck Layby‟s at stretches over Chanditala – Seakhala

– Champadanga Road Section of SH-15 in the District Hooghly in West Bengal

4. The Bids shall be opened at West Bengal Highway Development Corporation, 4th &

5th Floor, HRBC Bhawan, Munshi Prem Chand Sarani, Kolkata-700021

5. The Performance Security shall be in favour of Chief General Manager, West Bengal Highway Development Corporation Ltd. payable at Kolkata

BIDDING DOCUMENT


- 35 -

ANNEXURE - I

Minimum Key personnel for the project

(Reference Cl. 4.4.4 of ITB)

Applicant must have suitably qualified personnel to fill following positions. The Table below is the minimum requirement of mandatory personnel. Applicant must provide additional technical personnel, as required and supporting personnel

Sl No.

Position / Personnel Desired qualification Nos. Required

(Min.)

1 Project Manager B.E Civil + 15Yrs Exp. (5 Yrs as Manager)

1

2 Highway Engineer B.E Civil + 10Yrs Exp. (5 Yrs in road construction)

1

3 Bridge Engineer B.E Civil + 10Yrs Exp. (5 Yrs in road construction)

1

4 Material Engineer B.E Civil + 10Yrs (min.) or Diploma + 12Yrs (min.) of relevant experience in road / bridge projects

1

5 Quantity Surveyor B.E Civil + 7Yrs (min.) or Diploma + 10Yrs (min.) of relevant experience in road / bridge projects

1

6 Surveyor B.E Civil + 5Yrs (min.) or Diploma Civil + 7Yrs (min.) of relevant experience in road / bridge projects

1

7 Field Engineers B.E Civil + 3Yrs (min.) or Diploma Civil + 4Yrs (min.) of relevant experience in road / bridge projects

2

BIDDING DOCUMENT


- 36 -

ANNEXURE - II

Minimum Nos. of Equipment required for the project

(Reference Cl. 4.4.5 of ITB)

Applicant must have suitable equipment as mentioned below. The Table below is the minimum requirement of equipment.

Sl No.

Type of Equipment Maximum Age Nos. Required

(Min.)

1 Motor Grader 5 Yrs. 1

2 Dozer 5 Yrs. 1

3 Front End Loader 5 Yrs. 2

4 Smooth Wheeled Roller 5 Yrs. 2

5 Vibratory Roller 5 Yrs. 2

6 Water Tanker 5 Yrs. 2

7 Tandem Roller 5 Yrs. 2

8 Concrete Mixes with integral weigh batching

facility 5 Yrs. 1

9 Concrete Batching and Mixing Plant

(Minimum Capacity – 15 M3 / Hr.) 5 Yrs. 1

10 Transit Mixer 5 Yrs. 1

11 Dumper Trucks 7 Yrs. 10

12 Back End loader 5 Yrs. 1

Note: The documentary evidence of ownership with date of purchase from the

manufacturer prior to last date of submission of Bid must be produced with

declaration about its current place of deployment must be submitted by the Applicant.

In case of lease, documentary evidence of Lease prior to last date of submission of

Bid and document showing date of purchase of the equipment must be produced with

declaration about its current place of deployment must be submitted by the Applicant.

BIDDING DOCUMENT


- 37 -

SECTION – 2

QUALIFICATION INFORMATION

(QI)

BIDDING DOCUMENT


- 38 -

Instructions:-

1. Scanned copies of the documents have to be submitted online on e-tender portal 2. Hard copies have to be submitted in physical form along with Technical Proposal –

Offline Mode

BIDDING DOCUMENT


- 39 -

APPENDIX - I

FORM - I

GENERAL INFORMATION All individual firms are requested to complete the information in this form and attach supporting Documents. Nationality information is to be provided for all owners or Applicant who are partnerships or individually owned firms.

Sl No. Particulars Description

1 Name of the Firm

2

Office Address:-

i. Registered office

ii. Head office

3

Contact Details (Telephone no., Email, Fax, etc.)

4 Place and year of incorporation / registration

Nationality of Owners (*)

Sl No. Name Nationality

1

2

3

4

5

* To be completed by all owners of partnership or individually owned firms

BIDDING DOCUMENT


- 40 -

Structure and Organization


1

The Applicant is:-

a) Proprietorship firm (with the proprietor having residence in India), or one Person Company as per Companies Act 2013, or

b) Partnership firm (with the all the partners having residence in India) or Limited Liability Partnership under the Limited Liability Partnership Act 2008, or

c) Company registered in India under Indian Companies Act 1956 or Companies Act 2013 as the case may be.

(If yes, give complete information with copy of document supporting legal status of the Bidder)

1.1 Place of Registration

1.2 Principal place of Business

2 Attach the Organization Chart showing the Structure of the organization including the name of the Directors and position of Directors

3

No. of years of experience:-

a) as a Prime Contractor (contractor shouldering major responsibility)

b) in a Joint Venture

4

For how many years has your organization been in business of similar works under its present name? What was your field when your organization was established? Whether any new fields were added in your organization? And if so, when?

5

Where you ever required suspending construction for a period of more than six months continuously after you started? If so, give name of project and reasons thereof

BIDDING DOCUMENT


- 41 -

6 Have you ever left the work awarded to you incomplete? (If so, give name of project and reasons for not completing the work.)

7 In which fields of civil engineering construction, do you claim specialization and interest?

8

Give details of your soil and materials testing laboratory, if any (include full range of equipment available; „make‟ year and functional conditions indicating their availability for the contractor (s) being applied for)

9

Give details of your experience in using heavy earthmoving equipment and quality control in compaction of soils (include your method statement for this item)

10 Give details of your experience in mechanized granular sub-base in pavement construction (including your method statement for this item)

11 Give details of your experience in laying of Dry Lean Concrete in pavement layers (include your method statements for this item)

12 Give details of your experience in laying of Paving Quality Concrete in pavement layers (include your method statements for this item)

13

Give details of your experience in construction of Bridges Works / Jetty (at any part in India & abroad) in Reinforced Cement Concrete (include your method statement for this item)

14 Give details of your experience in construction of roads / bridges of similar nature with necessary supporting documents

BIDDING DOCUMENT


- 42 -

FORM - II

GENERAL CONSTRUCTION RECORD All individual firms are requested to complete the information in this form. The information supplied should be the annual turnover of the Applicant in terms of the amounts billed to clients for each year for work in progress or completed

Sl No.

Financial Year

Payment Received from construction (Rs.)

as Prime Contractor

as a Member of Joint Venture

Total

1 2017 - 2018

2 2016 – 2017

3 2015 – 2016

4 2014 – 2015

5 2013 – 2014

6 2012 – 2013

Total

Sl No.

Financial Year

Annual Turnover for civil construction work only

Actual (Rs.) Updated with Multiplication

Factor (Rs.)

1 2017 - 2018

2 2016 – 2017

3 2015 – 2016

4 2014 – 2015

5 2013 – 2014

6 2012 – 2013

Note: Attach a Table enumerating the Projects year-wise and Payment Received as Prime /

Sole Contractor and Member of Joint Venture. In case JV only the payment received as Member of JV shall be taken and not the total payment received as JV. This Form with supporting enclosure must be certified by the Statutory Auditor. Above Details of Payment received and Annual Turnover must be certified by Statutory Auditor

BIDDING DOCUMENT


- 43 -

FORM - III

PARTICULAR EXPERIENCE RECORD

Name of Bidder :

All individual firms are requested to complete the information in this form with regard to the management of Works contracts generally .A brief note on each contract should be appended, describing the nature of the work, duration and amount of contract, managerial arrangements, employer and other relevant details. The Bidders shall be required to pass the specified requirements applicable to this form, as set out in the “Instructions to Applicants Bidders” On a separate page, using the format of Form (III), the Bidders are requested to list contract (s) for a similar nature, complexity, and requiring similar construction technology to the contract or contract (s) for which the Applicant wishes to qualify and which the Applicant has undertaken during the last Five years. The contract value should be based on the payment currencies of the contracts converted into Indian Rupees, at the date of substantial completion, so for current contracts at the time of award. The information is to be summarized, using Form (III), for each contract completed or under execution by the

applicant. Details of the Eligible Project of Similar Nature and Complexity in Five Financial years as mentioned to fulfill requirement under Clause 4.4.3 of ITB :- Use separate sheet (s) for each Contract as per following format (Not Applicable for Financial Partner)

Sl No.

Particulars Description

1 Name of the Project

2 Reference of contract agreement

3 Name of the Employer

3(a) Employer‟s contact details

4 Nature of works and special features relevant to the Contract for which the Applicant wishes to qualify

5 Role of the contractor (* Prime Contractor / Member of a Joint Venture)

6 Date of award of work

7 Value of work (Rs.)

BIDDING DOCUMENT


- 44 -

8 Stipulated period of completion

9 Actual date of completion

10 Delay in completion and reasons for delay, if any

11

Whether any penalties / fines / stop notice / compensation / liquidated damages are imposed (Yes / No) If Yes, mention the amount and explanations

Note:- Copy of LOA, copy of signing of Agreement and Original/attested Copy of certificate

of completion /substantial completion of the project with certificate of receipt of payment with values of such payment from the Employer must be enclosed

BIDDING DOCUMENT


- 45 -

FORM - IV

SUMMARY SHEET

CURRENT CONTRACT COMMITMENTS / WORKS IN PROGRESS

Name of Bidder :

Bidders should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued


1

a) Name of the contract, Location and Nature of the work

b) Contract No. & Date

c) Percentage of participation of firm in the project

d) Name and Address of Client (including Tel. / Fax no.)

e) Contract value (Indian Rupees)

f) Stipulated date of completion

g) Value of outstanding work

h) Estimated completion date stating reasons of delay, if any

2

a) Name of the contract, Location and Nature of the work

b) Contract No. & Date

c) Percentage of participation of firm in the project

d) Name and Address of Client (including Tel. / Fax no.)

e) Contract value (Indian Rupees)

f) Stipulated date of completion

g) Value of outstanding work

h) Estimated completion date stating reasons of delay, if any

In accordance with Instruction to Bidders, the Applicant shall provide evidence to substantiate the adequacy of the sources of finance to meet the Applicant‟s cash flow requirements on the above contracts.

BIDDING DOCUMENT


- 46 -

FORM – IV A

SUMMARY SHEET

EXPERIENCE AS PRIME CONTRACTOR ON WORKS OF SIMILAR NATURE OVER THE FIVE FINANCIAL YEARS

Name of Bidder :


1

a) Project Name

b) Name of the Employer

c) Description of Work

d) Contract No. and date

e) Value of Contract

f) Date of issue of work order

g) Stipulated period of completion

h) Actual date of completion*

i) Remarks explaining reasons for delay in work completion, if any

2

a) Project Name









Note: Attach certificate (s) from the engineer(s)-in-charge or a notarized self-certificate

BIDDING DOCUMENT


- 47 -

FORM – IV B

CALCULATION FOR ASSESSED BID CAPACITY Submission for Calculation of Assessed Bid Capacity (refer Cl. 4.4.9 of ITB):-

Name of Bidder :

Information on Bid Capacity (works for which bids have been submitted and works which are yet to be completed) as on the date of this bid A. Existing commitments and on-going works


1

a) Description of works

b) Place & State

c) Contract No.

d) Name & Address of Employer

e) Value of Contract (Rs.)

f) Stipulated Period of Completion

g) Value of works* remaining to be completed (Rs.)

h) Anticipated date of completion

2


b) Place & State

c) Contract No.

d) Name & Address of Employer

e) Value of Contract (Rs.)

f) Stipulated Period of Completion

g) Value of works* remaining to be completed (Rs.)

h) Anticipated date of completion

* Attach certificates from Engineer-in-Charge B. Works for which bids already submitted:


1


b) Place & State

c) Name & Address of Employer

d) Estimated value of works (Rs Cr)

e) Stipulated period of completion

f) Date when decision is expected

g) Remarks, if any

BIDDING DOCUMENT


- 48 -

2


b) Place & State

c) Name & Address of Employer

d) Estimated value of works (Rs Cr)

e) Stipulated period of completion

f) Date when decision is expected

g) Remarks, if any

C. Experience as Prime Contractor on Works of Similar Nature over the Five

Financial Years


1

a) Project Name









2

a) Project Name









* Attach certificate (s) from the Engineer(s)-in charge or a notarized self-certificate Show Calculation of Bid Capacity on the basis of data furnished in above Forms and attach an Affidavit certifying the Bid Capacity

BIDDING DOCUMENT


- 49 -

FORM – V

PERSONNEL CAPABILITIES

For specific positions essential to contract management and implementation, Applicants should provide the names of at least two candidates qualified to meet the specified requirements stated for each position. The data on their experience should be supplied in separate sheets using one Form (V A) for each candidate.

Name of Bidder :

Sl No. Title of Position Name of the Candidate

1

2

3

4

5

6

BIDDING DOCUMENT


- 50 -

FORM – V A

CANDIDATE SUMMARY

Name of Bidder :


1 Position

2 Nature of candidate (Prime / Alternate)

3 Name of Candidate

4 Date of Birth

5 Professional qualifications

6 Name and address of present employer

7 Contact details of manager/personnel officer of present employer

8 Present Job title of candidate

9 Years with present employer

Summarize professional experience in reverse chronological order. Indicate particular technical and managerial experience relevant to the Project

Sl No. Period of

Employment Company &

Position Project / Relevant technical and

managerial experience

1

2

Note:-

1. The above information should be filled separately for different contracts. For each of such Personnel, provide Copy of TDS Certificate for Salary issued by the Firm for the relevant Period to such Personnel.

2. Copy of supporting Documents regarding Qualification Certificate, identity proof and age proof of the candidate shall be submitted

BIDDING DOCUMENT


- 51 -

FORM – VI

EQUIPMENT CAPABILITIES

Name of Bidder :

The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the requirements for each and all items of equipment listed in the Instructions to Applicants. A separate Form – VI shall be prepared for each item of equipment listed in Cl. 4.4.5 of ITB, or for alternative equipment proposed by the Applicant. Documentary evidence must be attached along with each Form - VI.


1 Item of Equipment

2 Name of manufacturer

3 Model and power rating

4 Capacity

5 Year of manufacture

6 Current location

7 Details of current commitments

8 Indicate source of the equipment (Owned / Rented / Leased / Specially

manufactured)

9 Name of owner (N/A if owned)

10 Contact Details & Address of owner (N/A if owned)

11 Details of rental / lease / manufacture agreements specific to the Project

(N/A if owned)

Supporting documents attached vide page no. ………………

Conclusive proof of own /hired (Tax invoice, waybill, delivery challan, incorporation in the balance sheet as fixed assets for own and lease agreement in between leaser & lessee for hired) for each plant& machineries in working condition shall have to be submitted.

BIDDING DOCUMENT


- 52 -

FORM – VII

FINANCIAL CAPACITY OF THE BIDDER

Name of Bidder :

Bidders should provide financial information to demonstrate that they meet the requirements stated in the Instructions to Applicants. Each Applicant shall complete this form. If necessary, use separate sheets to provide complete banker information. A copy of the audited balance sheets should be attached. Autonomous construction subdivisions of parent conglomerate business shall submit financial information related only to the particular activities of the subdivision.


1 Name of Banker

2 Contact name and title

3 Contact details & Address of Banker

Summarize actual assets and liabilities in Indian Rupees (Rs.) equivalent (at the rates of exchange current at the end of each year) for the previous five years. Based upon known commitments, summarize projected assets and liabilities in Rs. equivalent for the next two years.

Sl No.

Description

Actual for preceding years Projected for next 2 years

2017 - 2018

2016 - 2017

2015 - 2016

2014 - 2015

2013 - 2014

2012 - 2013

2018 - 2019

2019 - 2020

1 Non-Current Asset

2 Current assets

3 Current Liabilities

4 Non-Current Liabilities

5 Working Capital

6 Liquid Asset

7 Profits before taxes

8 Profits after taxes

BIDDING DOCUMENT


- 53 -

Specify proposed sources of financing such as liquid assets, unencumbered real estates, lines of credit and other financial means, net of current commitments, available to meet the total construction cash flow demands of the subject contract or contracts as indicated in Instructions to Bidder

Sl No. Source of Financing Amount (Rs.)

1

2

3

4

5

Attach audited financial statements for the Bidder.

BIDDING DOCUMENT


- 54 -

FORM – VII A

FINANCIAL CAPACITY OF THE BIDDER

Name of Bidder :

Sl No. Net Cash Accruals for FY Amount (Rs.)

1 2017 - 2018

2 2016 – 2017

3 2015 – 2016

4 2014 – 2015

5 2013 – 2014

6 2012 – 2013

Instructions:-

1. The Applicant shall attach copies of the balance sheets, financial statements and Annual Reports for 5 (five) years preceding the Application Due Date

The financial statements shall: a) reflect the financial situation of the Applicant; b) be audited by a statutory auditor; c) be complete, including all notes to the financial statements; and d) correspond to accounting periods already completed and audited (no statements

for partial periods shall be requested or accepted).

2. Net Cash Accruals shall mean Profit After Tax + Depreciation

3. Net worth is usually defined as the aggregate value of the paid up share capital and all reserved created out of profits and securities premium account after deducting aggregate value of accommodated losses, deferred expenditure and miscellaneous expenditure not written off as per audited Balance Sheet but does not includes reserves created out of revaluation of assets, write-back of depreciation and amalgamation

4. The Bidder shall also provide the name and address of the Bankers to the Employer

5. The Bidder shall provide an Auditor‟s/Statutory Auditor‟s Certificate(as applicable ) specifying the net worth and also specifying the methodology adopted for calculating such net worth in accordance with RFP / Bidding document. Calculation adopted to arrive at Net Worth must be shown

BIDDING DOCUMENT


- 55 -

FORM – VIII

LITIGATION HISTORY

Name of Bidder :

Bidders should provide information on any history of litigation or arbitration resulting from contracts executed in the last five years or currently under execution (Instructions to Bidder, Clause 4.4.8)


1

a) Year

b) Award for or against bidder

c) Name of client, cause of litigation and matter in dispute

d) Disputed amount (current value in Rs.)

e) Actual awarded amount (in Rs.)

f) Forum * in which the case is pending

2

a) Year

b) Award for or against bidder

c) Name of client, cause of litigation and matter in dispute

d) Disputed amount (current value in Rs.)

e) Actual awarded amount (in Rs.)

f) Forum * in which the case is pending

* Forum includes District Court, High Court, Supreme Court, Tribunal, Arbitration Authority and judicial forum whatsoever

BIDDING DOCUMENT


- 56 -

FORM – VIII A

INFORMATION REGARDING CURRENT LITIGATION, DEBARRING / EXPELLING OF TENDERER OR ABANDONMENT OF WORK BY TENDERER

Name of Bidder :


1

a) Has the Applicant or its constituent partners consistent history of litigation awarded against him

(Yes / No)

b) If yes, give details

2

a) Has the Applicant or any of its constituent partners been contract work in India during the last 5 years as on the date of application, except on account of reasons other than non-performance, such as rescinding of joint venture due to most experience partner of joint venture pulling out, court directions leading to breaking up of a joint venture before start of work

(Yes / No)


3

a) Has the Applicant or any of its constituent partners abandoned any contract work in India during the last 5 years

(Yes / No)


4

a) Has the Applicant or any of its constituent partners been declared bankrupt during the last 5 years

(Yes / No)

b) If yes, give details, including present status

5 Has the Applicant or any of its constituent partners been debarred by WBHDCL for as on the date of application

(Yes / No)

Note: If any information in this schedule is found to be incorrect or concealed, Bid will be

summarily rejected.

BIDDING DOCUMENT


- 57 -

FORM – IX

STATEMENT OF LEGAL CAPACITY

Name of Bidder :

Ref. Date:- To, The Chief General Manager West Bengal Highway Development Corporation Limited Dear Sir, We hereby confirm that we satisfy the terms and conditions laid out in the Bidding Documents. We have agreed that ………………………………. (name of the individual) will act as a representative on behalf of the Company / Partnership or LLP ……………………………… (name of the Company / Partnership or LLP) and has been duly authorized to submit the Bid. Further, the authorized signatory is vested with requisite powers to furnish such letter and authenticate the same. Thanking You, Yours faithfully, (Signature, name and designation of the authorized signatory) For and on behalf of ………………………….. *Please strike out whichever is not applicable.

BIDDING DOCUMENT


- 58 -

FORM – X

FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT FACILITIES

(Refer clause 4.4.6 of ITB)

Name of Bidder :

BANK CERTIFICATE

This is to certify that M/s. ……………………………………………………………………………. (the “Company”) is a reputed company with a good financial standing. If ……………………………………………………………….. (Name of Work /Package) (the “Project”) is awarded to the above firm, we shall provide overdraft/credit facilities to the extent of Rs. …………………………………………….. to meet the working capital requirements of the Company for executing the Project during the Contract Period as mentioned in the Contract.

………..………………………….. (Signature)

………..………………………….

Name of Bank

………..…………………………. Senior Bank Manager

…………………………………..

Address of the Bank

BIDDING DOCUMENT


- 59 -

FORM – XI

FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF BID

(Refer clause 4.4.12 of ITB)

Name of Bidder :

Know all men by these presents, We …………………………………………….. (name of the firm and address of the registered office) do hereby constitute, nominate, appoint and authorize Mr./ Ms. (name), …………………… son/daughter/wife of ……………………………… and presently residing at …………………., who is presently employed with us and holding the position of ……………………………. , as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our technical and financial bid for undertaking ……………………………………… (Name of Work /Package) (the “Project”) including but not limited to signing and submission of all applications, other documents and writings, participate in Bid and other conferences and providing information / responses to the West Bengal Highway Development Corporation Ltd. (the “Employer”), representing us in all matters before the Employer, signing and execution of all contracts including the Contract and undertakings consequent to acceptance of our Bid, and generally dealing with the Employer in all matters in connection with or relating to or arising out of our Bid for the Project and/ or upon award thereof to us and/or till the entering into the Contract with the Employer AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us

IN WITNESS WHEREOF WE …………………………., THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF ……………………………………

Witness: 1.

2.

For M/S …………………………..,

…………………………..

(Signature, name, designation and address)

Accepted,

…………………………..

(Signature, name, designation and address)

(Notarized)

BIDDING DOCUMENT


- 60 -

Notes:

i. The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executants(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

ii. The Bidder should submit for verification the extract of the charter documents and documents such as a Board or Shareholders‟ resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.

BIDDING DOCUMENT


- 61 -

UNDERTAKING FOR DEPLOYMENT OF MINIMUM KEY PERSONNEL (Refer clause 4.4.12 of ITB) I, the undersigned do hereby undertake and confirm that if the Contract for the work of undertaking …………………………………………………………………………. (Name of Work /Package) (the “Project”) is awarded to me/us. I/we shall deploy the Minimum Key Personnel as provided in Annexure - I of the ITB. I also hereby agree that any failure on my/our part to comply with this undertaking any time during the validity of the Contract shall make the Contract liable for termination and/or forfeiture of my/our Performance Security at the sole discretion of the Employer.

For & on behalf of M/S ……………………………………….

(Signature of Authorized Signatory)

Date: …………………………………….

BIDDING DOCUMENT


- 62 -

UNDERTAKING FOR DEPLOYMENT OF MANDATORY EQUIPMENT (Refer clause 4.4.12 of ITB) I, the undersigned do hereby undertake and confirm that if the Contract for the work of undertaking ………………………………………………………………………………… (Name of Work /Package) (the “Project”) is awarded to me/us, I/we shall deploy the minimum number of equipment required for the Project as provided in Annexure-II of the ITB and shall commence deployment of major machineries immediately after date of commencement of the Contract I also hereby agree that any failure on my/our part to comply with this undertaking any time during the validity of the Contract shall make the Contract liable for termination and/or forfeiture of my/our Performance Security at the sole discretion of the Employer



Date: …………………………………….

BIDDING DOCUMENT


- 63 -

UNDERTAKING FOR SITE VISIT (Refer clause 4.4.12 of ITB) I, the undersigned do hereby confirm that I/we have visited the Site of the Works of undertaking ………………………………………………………………………… (Name of Work /Package) (the “Project”) and its surroundings and obtained all information about the Site and surroundings which shall include but not be limited to the Site conditions, traffic, location, surroundings, climate, availability of power, water and other utilities for construction, access to Site, handling and storage of materials, weather data, applicable laws and regulations, and all other information that may be necessary for preparing my/our Bid and entering into the Contract for undertaking the Project



Date: …………………………………….

BIDDING DOCUMENT


- 64 -

UNDERTAKING FOR BID VALIDITY (Refer clause 4.4.12 of ITB) I, the undersigned do here by undertake that my/our Bid for the work undertaking …………………………………………………………………… (Name of Work /Package) shall remain valid for a period of not less than 180 (one hundred and Eighty) days after the Bid Due Date



Date: …………………………………….

BIDDING DOCUMENT


- 65 -

AFFIDAVIT

FOR SUBMISSION OF BID (Refer clause 4.4.12 of ITB) 1. I/we, having examined the Bid Documents and understood its contents, hereby

submit my/our Bid for award for the work of undertaking …………………………………. (Name of Work /Package) (the “Project”). The Bid is unconditional and unqualified.

2. I, the undersigned, do hereby certify that all the statements made in the required

attachments are true and correct.

3. I, the undersigned also hereby certify that neither the Bidder have abandoned any work on National Highways or State PWDs in India nor any contract awarded to us/Joint Venture for such works have been rescinded, during last five years prior to the date of this Bid.

4. I, the undersigned hereby authorise (s) and request (s) any bank, person, firm or corporation to furnish pertinent information deemed necessary and requested by the Employer to verify this statement or regarding my (our) competence and general reputation.

5. I shall make available to the Employer any additional information it may find necessary or require to supplement or authenticate my/our Bid.

6. I, the undersigned understand that the Employer or its authorised representatives may make visits to the site of the Project and the undersigned hereby undertakes to provide access to and extend all clarifications, data, information related to progress, equipment, material, finance and performance including reference to the Employer or its authorised representatives.

7. I acknowledge the right of the Employer to reject our Bid without assigning any reason or otherwise and hereby waive, to the fullest extent permitted by applicable law, our right to challenge the same on any account whatsoever.

8. I/ We understand that the Employer may cancel the Bidding Process at any time and that the Employer is neither bound to accept any Bid that it may receive nor to invite the Bidders to Bid for the Project, without incurring any liability to the Bidders, in accordance with the Bidding Document.

9. Deleted.

10. I hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by the Employer in connection with the selection of the Bidder, or in connection with the Bidding Process itself, in respect of the Project and the terms and implementation thereof.

11. In the event of my/ our being awarded the Project, I/we agree to enter into the

BIDDING DOCUMENT


- 66 -

Contract in accordance with the draft that has been provided to me/us along with the Bid Documents. We agree not to seek any changes in the aforesaid draft and agree to abide by the same.

12. I, the undersigned understand that except to the extent as expressly set forth in the Contract, we shall have no claim, right or title arising out of any documents or information provided to us by the Employer or in respect of any matter arising out of or relating to the Bidding Process including the award of the Project.

13. I agree and understand that the Bid is subject to the provisions of the Bidding Documents. In no case, I/we shall have any claim or right of whatsoever nature if the Project is not awarded to me/us or our Bid is not opened or rejected.

14. The undersigned binds himself with all the stipulations of the Bidding Document including period of completion, provision of adequate equipment, personnel and other resources required for completion within the stipulated completion period and agrees to augment them, if found necessary for timely completion of the project.

15. Undersigned understands and agrees that mobilisation must be made in due earnest immediately after issuance of Letter of Acceptance and actual execution of work on ground must start from the Start Date.



Date: …………………………………….

BIDDING DOCUMENT


- 67 -

AFFIDAVIT

INFORMATION ON BID CAPACITY TO CALCULATE BID CAPACITY IN ACCORDANCE WITH CLAUSE 4.7 OF ITB

(Refer clause 4.4.12 of ITB) I/We, the undersigned do here by declare and certify that the Bid Capacity on date of submission of the Bid for the ………………………………………………………………………. (Name of work / Package) under NIT No. ………………………………………………………………………….. dated …………………………… is Rupees ……………………………….. (In Figures and word)



Date: …………………………………….

BIDDING DOCUMENT


- 68 -

SECTION - 3

CONDITIONS OF CONTRACT

(COC)

BIDDING DOCUMENT


- 69 -

For Conditions of Contract (COC), please refer to “Standard Bidding Document - Procurement of Civil Works - Part -1 : Complete Bidding Document (pages 38 to 56) published by the Government of India, Ministry of Surface Transport, Department of Road Transport and Highways (Latest Reprint) For Special Conditions of Contract (SCC), please refer to “Standard Bidding Document - Procurement of Civil Works - Part -1 : Complete Bidding Document (pages 56 to 60) published by the Government of India, Ministry of Surface Transport, Department of Road Transport and Highways (Latest Reprint)

BIDDING DOCUMENT


- 70 -

SECTION – 3A

CONDITIONS OF PARTICULAR APPLICATION

(CoPA)

BIDDING DOCUMENT


- 71 -

Conditions of Particular Application (CoPA)

The conditions in this section (Section – 3A – Conditions of Particular Application) are amendments and additions to the Conditions of Contract (Section - 3). Clause numbers in this section correspond to those in the Conditions of Contract (Section – 3), except for clauses with numbers higher than 62. Clauses, having numbers higher than 62, are additional clauses to the Conditions of Contract. The following clauses in Section – 3 – Conditions of Contract have been amended and the amendments are given in Section – 3A - Conditions of Particular Application: 2.3, 5.1, 21.1, 42.1, 42.2, 43.1, 43.2, 44.1, 44.2, 48.3, 50.1, 51.1, 51.4 & 61.1. The following are additional clauses to the Section – 3 – Conditions of Contract and are given in Section – 3A – Conditions of Particular Application: 63 & 64. Whenever there is a conflict or inconsistency between the Section – 3A (Conditions of Particular Application) and the Section – 3 (Conditions of Contract), the provisions stipulated in the Section – 3A (Conditions of Particular Application) shall prevail over and supersede those appearing in the Section – 3 (Conditions of Contract). Following clauses of Conditions of Contract stands modified and applies to rule over the corresponding clause of Conditions of Contract. Modification / Amendments: 1. Clause 2.3 (Interpretation)

Substitute clause no. 2.3 of Conditions of Contract by the following; The documents forming the Contract shall be interpreted in the following order of priority:

1) Contract 2) Letter of Acceptance, notice to proceed with the Works 3) Contractor's Bid 4) Contract Data 5) Special Conditions of Contract and Conditions of Particular Applications

(CoPA) 6) Conditions of Contract 7) Specifications 8) Drawings 9) Bill of quantities and 10) Any other document listed in the Contract Data as forming part of the

Contract.

2. Clause 5.1 (Delegation)

BIDDING DOCUMENT


- 72 -

Substitute clause no. 5.1 of Conditions of Contract by the following; The Engineer may delegate any of his duties and responsibilities to other people except to the Adjudicator , with written concurrence of the Employer and after notifying the Employer and the Contractor and may cancel any delegation after notifying the Employer and the Contractor except the following for which Engineer needs to obtain specific approval of the Employer beforehand;

1) Approving subcontracting of any parts of the Works; 2) Certifying additional cost beyond Contract Price; 3) Determining an extension of time; 4) Issuing a variation order; 5) Fixing rates or prices

3. Clause 21.1 (Possession of the site)

Delete clause no. 21.1 of Conditions of Contract and substitute with the following; There is no land acquisition required or envisaged at this stage. Employer shall provide access to the entire Site on Start Date. Possession of Site , shall be provided on Start Date but such Site may contain some encumbrances, which may include but may not be limited to, Electric Poles, Telephone Poles, Trees, water pipelines, gas pipelines, underground cables, encroachment etc. for which Employer has already initiated process for shifting of utilities and removal of Site encumbrances. Civil Works Contractor shall make the Site of Work encumbrance free to the extent such site is required for execution of Work , and such removal shall be carried out progressively in the manner stated in Contract Data. Contractor shall have to fulfill its obligation as per Specification of Works related to Public Utilities. Contractor shall take into account in its Work Program, such progressive removal of encumbrances from Site of Works as stated in Contract Data Shifting of obstructing utilities: The Contractor shall, subject to Applicable Laws and with assistance of the Employer, undertake shifting of any utility including electric lines, water pipes and telephone cables, etc. to an appropriate location or alignment within or outside the Site if and only if such utility causes or shall cause a material adverse effect on the construction, operation or maintenance of the Project. The cost of such shifting shall be borne by the Employer or by the entity owning such utility, if the Employer so directs, and in the event of any delay in shifting thereof, the Contractor shall be excused for failure to perform of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. Employer shall bear the cost of shifting as per the approved Estimate with detailed scope and break-up from the entity owning the Utility and such cost shall be paid to the Contractor progressively along with Interim Payment. For co-ordination and management of shifting of Utilities, relevant BOQ Item shall be operated. No other

BIDDING DOCUMENT


- 73 -

additional cost shall be paid and any overhead/profit considered by the Contractor shall be deemed to be incidental to the Contract Price. For Felling of trees The Employer shall assist the Contractor in obtaining the Applicable Permits for felling of trees to be identified by the Employer or its Consultant for this purpose, if and only if such trees cause a material adverse effect on the construction, operation or maintenance of the Project. The cost of such felling shall be borne by the Employer, and in the event of any delay in felling thereof for reasons beyond the control of the Contractor, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees due to permission from the Forest Department or applicable authorities. For the avoidance of doubt, the Parties hereto agree that the felled trees shall be deemed to be owned by the Employer and shall be disposed in such manner and subject to such conditions as the Employer may in its sole discretion deem appropriate. Contractor shall be compensated through relevant BOQ item for felling of the trees, transportation, stacking, guarding etc. till disposal by the authority

4. Clause 35 (Correction of Defects) Add clause no. 35.3 at the end of clause no. 35 Conditions of Contract as stated below;

A. During Defect Liability Period, Contractor , in addition to rectification of defective works, shall take all necessary actions as may be required or as per direction of the Engineer:

B. for safe, smooth and uninterrupted flow of traffic on the Project Highway

including prompt repairs of potholes, cracks, joints, drains, embankments, shoulders, structures, etc. as may be required for safe movement of traffic

Undertake repairs to structures as may be required for safe movement of traffic as directed by the Engineer; Cost of such repair during Defect Liability Period to ensure safety of traffic shall be shall be deemed to be included in the Contract Price

5. Clause 42.1 (Payment Certificates) Substitute clause no. 42.1 of Conditions of Contract by the following; The Contractor shall submit a statement in 5 (five) copies to the Engineer by 7th day of every month in a tabulated form approved by the Engineer, for monthly interim payment of the estimated value of Work undertaken by the Contractor. Such monthly statements shall be duly signed by the Contractor‟s authorised representative and shall include the following items, as applicable, which shall be taken into account in the sequence listed

1) the estimated value of the Temporary and Permanent Works executed up to the end of the month in question, determined in accordance with Conditions

BIDDING DOCUMENT


- 74 -

of Contract and COPA , at the base unit rates and prices included in the Contract in local currency;

2) the actual value certified for payment for the Temporary and Permanent Works executed up to the end of the previous month, at the base unit rates and prices included in the Contract and in local currency, as given in the previous statement by the Contractor or as approved by the Engineer in the last interim Payment Certificate whichever is latest;

3) the estimated value at base unit rates and prices of the Permanent Works for the month in question, obtained by deducting (b) from (a);

4) the value of any variations executed up to the end of the month in question, less the amount certified in the previous Interim Payment Certificate, expressed in the relevant amounts of foreign and local currencies, pursuant to Clause 40;

5) any amounts to be deducted on account of the repayment of the Advance under the provisions set forth in Clause 51 of Conditions of Contract.

6) any other sum, expressed in the applicable currency to which the Contractor may be entitled under the Contract;

7) the amount to be deducted for all the taxes in accordance with Conditions of Contract and COPA hereof; and

8) net amount of application, which will be expressed in currencies in which the payments are to be made.

Provided further that Engineer shall, except as otherwise stated, ascertain and determine by measurement, the value of Works in accordance with the Contract and the Contractor shall be paid that value in accordance with Clause 42.2. The Engineer in case requires that any part of the Work is to be measured for the purposes of this Clause, shall, after giving a notice to the Contractor‟s Authorized representative, shall require the Contractor‟s Authorized representative forthwith to attend and/or send a qualified representative to assist the Engineer in making such measurement and supply all records and particulars as may be required by the Engineer. In case the Contractor does not attend or omits to send such representative, the measurement made by the Engineer or approved by him shall be considered to be the actual measurement of such part of Work. For the avoidance of doubt, the value of Work executed shall be determined by the Engineer.

6. Clause 42.2 (Payment Certificates) Substitute clause no. 42.2 of Conditions of Contract by the following; Within 7 days of receipt of the Monthly Statement from Contractor in acceptable form in pursuant to Clause 42.1, the Engineer shall broadly determine the amount due to Contractor and shall recommend to the Employer for release to Contractor pending certification by Engineer. Within 7 (seven) days of receipt of such recommendation by

BIDDING DOCUMENT


- 75 -

Employer from Engineer, Employer shall make payment to the Contractor such amount as part payment. The said monthly statement shall be duly approved or amended by the Engineer in such a way that, in his opinion, it reflects the amount due to the Contractor in accordance with the Contract, after deduction, other than pursuant to Clause 49, of any sums which may have become due and payable by the Contractor to the Employer. In cases where there is a difference of opinion as to the value of any item, the Engineer‟s view shall prevail. Within 21 days of the receipt of the monthly statement referred to in Sub-Clause 42.1, the Engineer shall determine the amounts due to the Contractor and shall issue to the Employer and the Contractor a certificate herein called “Interim Payment Certificate”, certifying the amounts due to the Contractor after adjusting the part payment already released to the Contractor by the Employer on Engineer‟s recommendation against the same monthly statement. Provided that the Engineer shall not be bound to certify any payment under this Sub-Clause if the net amount thereof, after all retentions and deductions, would be less than the Minimum Amount of Interim Payment Certificates shall be Rupees One Crores. Any certificate given by the Engineer-in-charge relating to the works done or materials delivered may be modified or corrected by any subsequent certifications All such Interim payments shall be regarded as payment by way of advance against final payment only and shall not preclude the requiring of bad unsound and imperfect work to be rejected, removed, taken away and reconstructed or re-erected by any subsequent such certificates and shall not by itself be conclusive evidence that any work or materials to which it relates is /are in accordance with the Contract and specification. Any such interim payment or any part thereof shall not in any respect conclude ,determine or affect in any way powers of the Engineer to the Project under the Contract or any of such payment be treated as final settlement or adjustment of accounts or in any way vary or affect the Contract.

7. Clause 43.1 (Payments) Substitute clause no. 43.1 of Conditions of Contract by the following; Payments shall be adjusted for deductions for advance payments, retention, other recoveries in terms of the Contract and taxes at source, as applicable under the law. The Employer shall pay the Contractor the amounts certified by the Engineer within 21 days of the date of each certificate.

8. Clause 43.2 (Payments) Substitute Clause no. 43.2 of Conditions of Contract by following; If the Employer makes a late payment, in full or part, in such that the Contractor receives payment after 42 days from submission of monthly statement to the Engineer as per Clause 42 , in such case Contractor shall be paid interest on the payment in part or full that was delayed by the Employer. Interest shall be calculated from the last date after which payment becomes late under this clause and on the amount which is actually paid late. Rate of interest shall be savings bank Interest rate of SBI on last date of previous month prior to the last date of submission of Bid and such interest rate shall remain constant over the entire Contract period

BIDDING DOCUMENT


- 76 -

9. Clause 44.1 (Compensation Event)

Substitute clause no. 44.1 of Conditions of Contract by the following; The following are Compensation Events unless they are caused by the Contractor:

1) The Employer does not give access to the Site by the Site Possession Date stated in the Contract Data

2) The Engineer orders a delay.

3) Engineer does not issue approval drawings, specifications , instructions required for execution of Works or do not issue the same within 14 days of submission of necessary site data by Contractor to the Engineer as may be required for issuance of such drawing / instruction.

4) The Engineer instructs the Contactor to uncover or to carry out additional tests upon Work which is then found to have no Defects.

5) The Engineer does not approve or disapprove of a subcontract to be let, within 28 days.

6) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site as stated in Contract Data

7) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional Work required for safety or other reasons.

8) Other contractors, public authorities‟ utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.

9) The effect on the Contractor of any of the Employer's Risks.

10) Other Compensation Events listed in the Contract Data or mentioned in the Contract

10. Clause 44.2 (Compensation Event)

Substitute clause no.44.2 of Conditions of Contract by the following; If the Contractor suffers delay and/or incurs costs due to a Compensation Event in accordance with the terms of Sub-Clause 44.1, the Engineer shall, after due consultation with the Employer and the Contractor, determine:

BIDDING DOCUMENT


- 77 -

1) Any extension of time to which the Contractor is entitled, and

2) The amount of such costs, which shall be added to the Contract Price, and shall notify the Contractor accordingly, with a copy to the Employer

11. Clause 48.3 (Retention)

Clause 48.3 shall be replaced by; “In case, Contractor requests for refund of Retention Money deducted by the Employer under the provision of this Clause, Employer shall consider the said request of Contractor provided that the Refund hereunder shall be made in tranches of not less than 1%(One percent) of the Contract Price and the Contractor furnishes an irrevocable and unconditional bank guarantee for an equal amount in format provided in the Contract Document valid upto end of 28 days after the Defect Liability Period or extended Defect Liability Period. On completion of the Whole of the Work, the Contractor has however an option to submit a fresh irrevocable and unconditional Bank Guarantee for an amount equal to 2.5% (two and a half percent) of the total value of work executed in the Format provided in the Contract Document and valid upto 28 days beyond the Defects Liability Period and get Refund of Retention Money and Bank Guarantee/s submitted for refund of Retention Money.

12. Clause 50.1 (Bonus) Deleted.

13. Clause 51.1 (Advance Payment) Delete last line of clause no. 51.1 of Conditions of Contract and substitute with following; Interest on advance payment will be charged at SBI PLR as effective on last date of previous month prior to the last date of submission of Bid and the rate of interest shall remain unchanged till recovery of the Advance in full.

14. Clause 51.4 (Secured Advance) Clause no. 51.4 of Conditions of Contract is deleted.

15. Clause 61.1 (Property) Substitute clause no. 61.1 of Conditions of Contract by the following; In case the Contract is terminated as a result of a Contractor's default, the Bank Guarantee for Performance Security shall be encashed by the Employer. Contractor shall also immediately arrange to pay any amount due to the Employer on account of advance payment and demobilize all his materials on Site, Plant, Equipment, Temporary Works etc.

BIDDING DOCUMENT


- 78 -

Additional Clauses of Contract: 63. Submission of Working Drawings

All design calculations and fabrication and /or erection drawings and drawings for temporary works including false work (such as formwork, staging, centering, scaffolding, specialised constructional, handling and launching equipment and temporary diversion etc.) as well as bar bending and cutting schedules for reinforcement, material lists for structural fabrication as well as detailed drawings for templates and anchorage and temporary support details for pre-stressing cables etc. shall be prepared by the Contractor at his own cost and forward in triplicate to the Engineer at least three weeks in advance of actual constructional requirements. The Engineer shall check and return one copy of the same for the Contractor‟s use with amendments, if any, noted in red ink within two weeks of submission. Such approval shall not relieve the Contractor of any of his responsibilities in connection with temporary works. The Contractor will supply four copies of the approved drawings for the Engineer‟s use. The cost of preparing all such items of work shall be deemed to have been included in the respective rates/ prices quoted by the Contractor in the Bill of Quantities. Cost of such preparation and submission of design / drawing including revisions as required shall be deemed to be incidental to the Contract Price.

64. Contractor’s Design Consultant Within 21 (Twenty-one) days of the date of signing of the Agreement, the Contractor shall; A. Appoint a “Contractor‟s Design Consultant” for the conducting the works which

shall include but nor be limited to the following:

(i) Site survey - including fixing of TBM, Traverse survey, centreline fixing, taking OGL etc.

(ii) Generating road cross section and updating it regularly for billing as per standard commercially available software

(iii) Preparing Work Program in MS-Project / Primavera or equivalent (iv) Working drawings of Roads, bridges, culverts, etc. and as-Built Drawings

Design Consultant who shall be responsible, on behalf of the Contractor, for surveys, investigations, collection of data, and preparation all working Drawings including design and preparation of staging drawing /design and all design works related to the construction of the project Contractor‟s Design Consultant shall prepare Working Drawings and design calculation required, if applicable, shall be developed in conformity with the Specifications. The Contractor‟s Design Consultant shall be a reputed Consultant Firm (which shall be Proprietorship Firm or OPC/Partnership Firm or LLP /Company registered under Companies Act 1956/2013 ) and is in business of providing consultancy services for preparation of design and drawings for ROBs. Contractor shall

BIDDING DOCUMENT


- 79 -

propose to the Employer a panel of three names of qualified and experienced firms from whom the Employer / Engineer may approve one to be the Design Consultant. Provided, however, that if the panel is not acceptable to the Employer / Engineer and the reasons for the same are furnished to the Contractor, the Contactor shall propose to the Employer a revised panel of three names from the firms empanelled as consultants by the [Ministry of Road Transport and Highways] for obtaining the consent of the Employer. The key personnel must be supplemented by One Surveyor and one Planning Engineer conversant with MS-Project / Primavera etc for resource based planning in highway Project .The Employer shall, within 15 (Fifteen) days of receiving a proposal from the Contractor hereunder, convey its decision, with reasons, to the Contractor, and if no such decision is conveyed within the said period, the Contractor may proceed with engaging of the Design Consultant. Provided such Design Consultant must have office in Kolkata (the city adjacent to the project site) and the approved key personnel and support personnel are generally stationed in Kolkata and available on as required basis. Any replacement of the two key personnel or the Contractor‟s Design Firm shall require written prior approval of the Employer and shall only be considered for reasons acceptable to the Employer. Contractor shall provide a copy of Agreement with the Design Consultant to the Engineer of the Project and Employer for reference. Provided further such Contractor‟s design Consultant shall neither be the firm (nor its parent company /associate) engaged as Supervision Consultant for the project / contract nor be the DPR Consultant, who prepared the project for the Employer.

B. The Contractor‟s Design Consultant shall, on behalf of the Contractor, (i) Prepare working drawings of all bridges (major/minor) /culverts / structure

etc with any calculation, if necessary. (ii) Prepare / Check and confirm survey data, cross section on behalf of the

Contractor Prepare and submit As-Build Drawings of all Bridges, Culvert (iii) Any other work related to preparation of working drawing / detailing of

structure / road as the Consultant may choose to obtain from such Design Consultant. The key personnel of the Design Consultant may be required to be present during site inspections or key / critical activities as may be required from time to time, on behalf of the Contractor

C. The Contractor shall prepare and submit all the working drawings, data, detail

calculation, incorporation of comments of Engineer as applicable, with reasonable promptness and in such sequence as is consistent with its work program for timely Project Completion. By submitting the working Drawings for review to the Engineer, the Contractor shall be deemed to have represented that it has determined and verified that the design and engineering, including field construction criteria related thereto, are in conformity with the Scope of the Project, the Specifications and Standards and the Applicable Laws;

D. If the Engineer to the Project indicates that the Drawings are not in conformity with the Scope of the Project or the Specifications and Standards, such Drawings shall be revised by the Contractor in conformity with the provisions of this Agreement and resubmitted to the Engineer for review.

BIDDING DOCUMENT


- 80 -

E. No review and/or observation of the Engineer to the project and/or its failure to

review and/or convey its observations on any Drawings shall relieve the Contractor of its obligations and liabilities under this Contract Agreement in any manner nor shall the Engineer be liable for the same in any manner; and if errors, omissions, ambiguities, inconsistencies, inadequacies or other Defects are found in the Drawings, then the construction works shall be corrected at the Contractor's cost, notwithstanding any review. The Contractor shall be responsible for delays in submitting the Drawing by the Contractor‟s Design Consultant and

F. the Contractor warrants that its designers, including any third parties engaged by it, shall have the required experience and capability in accordance with Good Industry Practice and it shall indemnify the Employer against any damage, expense, liability, loss or claim, which the Employer might incur, sustain or be subject to arising from any breach of the Contractor‟s responsibility and/or warranty set-out in this Clause.

G. It is expressly agreed that even, if Contractor has an in-house Design Wing, it is mandatory for the Contractor to engage a professionally qualified Design Consultant Firm as Contractor‟s Design Consultant as per this Agreement for the works sated above under this Clause and such engagement of the Contractor‟s Design Firm shall remain in force till the complete submission of As Built Drawing and acceptance of such by the Engineer/Employer as stated in Clause 58.1 of Conditions of Contract (Section - 3). Cost of engagement of such Contractor‟s Design Consultant shall be incidental to the Contract and shall be deemed to be included in the Contract Price. In case of failure on part of the Contractor to engage such Design Consultant or delay in engaging such Design Consultant by the Contractor, an amount of Rs 5 Lakhs (Rupees Five Lakhs ) shall be deducted from Bill for each month or part there-off during which Contractor‟s Design Consultant is not engaged .

H. It is expressly agreed that the Contractor shall, at all times, be responsible and liable for all working drawings and calculations thereof prepared by the Contractor‟s Design Consultant, under this Agreement notwithstanding anything contained in the agreements with its Design Consultant or any other agreement that may be entered into by the Contractor, and no default under any such agreement shall excuse the Contractor from its obligations or liability under this Agreement.

I. During Defect Liability Period, Contractor, in addition to rectification of defective works , shall take all necessary actions as may be required or as per direction of the Engineer:

J. for safe, smooth and uninterrupted flow of traffic on the Project Highway including prompt repairs of potholes, cracks, joints, drains, embankments, shoulders, structures, etc. as may be required for safe movement of traffic

K. Undertake repairs to structures as may be required for safe movement of traffic as directed by the Engineer;

BIDDING DOCUMENT


- 81 -

Cost of such repair during Defect Liability Period to ensure safety of traffic shall be shall be deemed to be included in the Contract Price

BIDDING DOCUMENT


- 82 -

SECTION – 4

CONTRACT DATA

(CD)

BIDDING DOCUMENT


- 83 -

CONTRACT DATA

Items marked “N/A” do not apply in this contract.

Sl

No. Description

Clause reference

w.r.t Section – 3

1

The Employer is

[Cl. 1.1]

Name: Chief General Manager West Bengal Highway Development Corporation Limited

Address:

Chief General Manager West Bengal Highway Development Corporation 4th & 5th Floor, HRBC Bhawan Munshi Prem Chand Sarani Kolkata -700021 Web Site http:\\www.wbhdcl.gov.in. Email:[email protected]

The name of the Authorized Representative will be notified later

2 The name of the Engineer will be notified later Name of Authorized Representative: To be named

[Cl. 1.1]

3 The Dispute Review Experts to be appointed jointly by the Employer and contractor would be named later

[Cl. 1.1]

4 The Defects Liability Period will be 3 years from the date of completion [Cl. 1.1 &

35]

5 The Start Date shall be 7 (Seven) calendar days after date of issue of the Notice to Proceed with the Work

[Cl. 1.1]

6

The Intended Completion Date for the whole of the Works shall be as stated – 6 (Six) Months after the start of works. Mile Stones: N/A

[Cl. 1.1, 17 & 28]

7

The site is located at the following chainages over the Chanditala – Seakhala – Champadanga road section of SH-15 in the district of Hooghly, West Bengal (direction – towards Champadanga):-

1. KM Ch. 2+550 to Ch. 4+150 (RHS – 2 lane) 2. KM Ch. 4+200 to Ch. 4+900 (RHS – 1 lane) 3. KM Ch. 10+500 to Ch. 10+800 (RHS – 2 lane) 4. KM Ch. 10+850 to Ch. 11+900 (RHS – 2 lane) 5. KM Ch. 16+600 to Ch. 17+700 (BHS) – 1 lane on each side)

[Cl. 1.1]

8 The name and identification number of the Contract is: NIT NO. : WBHDCL/CGM/eNIT-06/2018 – 2019 dated 28.05.2018

[Cl. 1.1]


BIDDING DOCUMENT


- 84 -

9

The work consists of construction of truck layby‟s adjacent to the newly strengthened and widened section of Chanditala – Seakhala – Champadanga road section of SH-15 in the district of Hooghly, West Bengal. The work also consists of necessary arrangement of drainage facilities, protection works, traffic signage etc. (A) Road Works

Site clearance; setting-out and layout; widening of existing carriageway and strengthening including camber corrections; construction of new road/ parallel service road; bituminous pavements remodeling/construction of junctions, intersections, bus bays, lay-byes; supplying and placing of drainage channels, flumes, guard posts and guard other related items; construction /extension of cross drainage works, bridges, approaches and other related stones; road markings, road signs and kilometer / hectometer stones; protective works for roads/ bridges; all aspects of quality assurance of various components of the works; rectification of the defects in the completed works during the Defects Liability Period; submission of "As-built" drawings and any other related documents; and other item of work as may be required to be carried out for completing the Works in accordance with the drawings and provisions of the Contract to ensure safety

(B) Bridge Works

Site clearance; setting out, provision of foundations, piers abutments and bearings; structural steel / pre-stressed / reinforced cement concrete superstructure including wearing coat, hand railings, expansion joints, approach slabs, drainage spouts/ down take pipes, arrangements for fixing light posts, water mains, utilities etc; provision of suitably designed protective works; providing wing / return walls; provision of road markings, road signs etc.; all aspects of quality assurance; clearing the Site and handing over the Works on completion; rectification of the defects during the Defects Liability Period and submission of "As-built" drawings and other related documents; and other items of work as may be required to be carried out for completing the Works in accordance with the drawings and the provisions of the Contract and to ensure safety.

(C) Other Works Any other items as required to fulfill all contractual obligations as per the Bid documents

BIDDING DOCUMENT


- 85 -

10

The following documents also form part of the Contract: 1) Contract 2) Letter of Acceptance, notice to proceed with the Works 3) Contractor's Bid 4) Contract Data 5) Special Conditions of Contract and Conditions of Particular

Application 6) Conditions of Contract 7) Specifications 8) Drawings 9) Bill of quantities and 10) Correspondences and Minutes of Meeting between the Employer

and the Contractor /Bidder after Opening of Bid and prior to issuance of Letter of Acceptance.

[Cl. 2.3 (9)]

11 The law which applies to the Contract is the law of Union of India [Cl. 3.1]

12 The language of the Contract documents is English [Cl. 3.1]

13 Limit of subcontracting 25% of the Initial Contract Price [Cl. 7.1]

14 The Schedule of Other Contractors - To be furnished after signing of Agreement

[Cl. 8]

15 The Schedule of Key Personnel – As per Annex-I of Section 1 [Cl. 9]

16

The minimum insurance cover for physical property, injury and death is Rs.5 lakhs per occurrence with the number of occurrences limited to four. After each occurrence, the Contractor shall pay additional premium necessary to make insurance valid for four occurrences always

[Cl. 13]

17 Data will be provided for guidance only. Bidders however shall make their own assessment of site investigation prior to submission of Bid

[Cl. 14]

18

Possession to entire site which may contain some encumbrances shall be deemed to be given to Contractor on Start Date. However, encumbrances that exists on the Site shall be jointly recorded by the Contractor, Engineer and the Employer within 7 (seven days) from Start Date. The Contractor shall be responsible for shifting of all utilities infringing the site of Works according to its Work Programme, Employer shall only make payment for shifting of Utilities as per approved Estimate officially communicated by the Owner of Public Utilities, if so required. Contractor is required to substantially remove encumbrances

[Cl. 21]

BIDDING DOCUMENT


- 86 -

19

Fees and types of reimbursable expenses to be paid to the Dispute Review Expert and the amount of Fees shall be decided after signing of the Contract on mutual consent The place of arbitration shall be Kolkata

[Cl. 25]

20 Appointing Authority for the Dispute Review Expert – Unless agreed by and between the Employer and the Contractor , DRE shall be appointed by the Council, Indian Roads Congress, New Delhi

[Cl. 26]

21 The period for submission of the programme for approval of Engineer shall be 7 days from the issue of Letter of Acceptance

[Cl. 27.1]

22 The period between programme updates shall be 30 days [Cl. 27.3]

23 The amount to be withheld for late submission of an updated programme shall be Rs. 5 (Five Lakhs) lakhs

[Cl. 27.3]

24

The following events shall also be Compensation Events: Substantially adverse ground conditions encountered during the course of execution of Work not provided for in the Bidding Documents 1) Removal of underground utilities detected subsequently within

the toe lines; 2) River training requiring protection of permanent work; 3) Presence of historical, archaeological or religious structures,

monuments interfering with the Work; 4) Restriction of access to ground imposed by civil, judicial, or

military authority

[Cl. 44]

25 The currency of the Contract is Indian Rupees [Cl. 46]

26 The adjustment of prices – Not Applicable [Cl. 47]

27 The proportion of payments retained (retention money) shall be 6% from each bill subject to a maximum of 5% of final contract price

[Cl. 48]

28 Amount of liquidated damages for delay in completion of works for whole of work shall be (1/2000)th of the initial contract price, rounded off to the nearest thousand, per day

[Cl. 49]

BIDDING DOCUMENT


- 87 -

29 Maximum limit of liquidated damage for delay in completion of work shall be 10 per cent of the initial contract price rounded off to the nearest thousand.

[Cl. 49]

30 Amount of bonus for early completion of whole of the works shall be NIL

[Cl. 50]

31 Maximum limit of bonus for early completion of Work shall be NIL [Cl. 50]

32 No amount shall be paid to the contractor as advance payment of any nature (viz. Mobilization, Equipment, Secured materials for non -perishable materials brought to the site, etc.)

[Cl. 51]

33 Repayment of advance payment for mobilization shall not be applicable

[Cl. 51.3]

34 Repayment of secured advance payment shall not be applicable [Cl. 51.4]

35

The Securities shall be for the following minimum amounts equivalent as a percentage of the Contract Price: Performance Security for 10 per cent of contract price plus Rs. ………... (to be decided after evaluation of the bid) as additional Security in terms of ITB Clause 29.5 The standard form of Performance Security acceptable to the Employer shall be an unconditional Bank Guarantee of the type as presented in Section 8 of the Bidding Documents

[Cl. 52]

36 The Schedule of Operating and Maintenance Manuals …………. N/A [Cl. 58]

37 The date by which "As-Built" drawings (in scale as directed) in 2 sets are required is within 28 days of issue of certificate of completion of whole or section of the Work, as the case may be

[Cl. 58]

38 The amount to be withheld for failing to supply "as built" drawings by the date required is Rs. 50 Lakhs (Fifty Lakhs)

[Cl. 58]

39 The following events shall also be fundamental breach of contract: "The Contractor has contravened Sub-clause 7.1 and Clause 9 of CoC."

[Cl. 59.2]

40 The percentage to apply to the value of the Work not completed representing the Employer's additional cost for completing the Work shall be 20 per cent.

[Cl. 60.1]

BIDDING DOCUMENT


- 88 -

SECTION – 5

TECHNICAL SPECIFICATIONS

(TS)

BIDDING DOCUMENT


- 89 -

Technical Specifications

The Technical Specifications for the works to be executed shall be as per “Specifications for Road & Bridge Works” (Fifth Revision) published by Indian Roads Congress (IRC), New Delhi, 2013 and as indicated in the relevant Bill of Quantities (BOQ) items. In case of any conflict / ambiguity in the Technical Specifications, The Engineer shall decide on the specifications to be adopted based on other standard guidelines and publications of IRC, BIS etc. and sound industrial practices generally adopted.

BIDDING DOCUMENT


- 90 -

SECTION – 6

FORM OF BID

(FoB)

BIDDING DOCUMENT


- 91 -

Form of Bid Name of the Works:- Construction of truck layby‟s at stretches over Chanditala – Seakhala

– Champadanga road section of SH-15 in the district Hooghly, West Bengal

To, The Chief General Manager West Bengal Highway Development Corporation Limited 4th & 5th Floor, HRBC Bhawan Munshi Prem Chand Sarani Kolkata -700021 1. We offer to execute the works described above and remedy any defects therein in

conformity with the Conditions of Contract, Specifications, Drawings, Bill of Quantities and addenda for a sum of Rs. ……………………………… (* in numerical & words)

2. We undertake, if our bid is accepted, to commence the works as soon as is reasonably possible after the receipt of the Engineer‟s notice to commence and to complete the whole of the works comprised in the contract within the time stated in the document

3. We agree to abide by this Bid for a period of 180 days from the date fixed for final receipt of the same and it shall remain binding upon us and may be accepted at any time before the expiration of that period

4. Unless and until a formal agreement is prepared and executed this bid, together with your written acceptance thereof, shall constitute a binding contract between us.

5. We understand that you are not bond to accept the lowest or any tender you may receive. Dated this ……………. Day of …………… 2018, ………………………………………………………………. Signature of ……………………………. in the capacity of ………………… duly authorized to sign bids for and on behalf of …………………………………………………….......................... Address: Witness: (Signature with address & occupation)

BIDDING DOCUMENT


- 92 -

SECTION – 7

BILL OF QUANTITIES

(BOQ)

BIDDING DOCUMENT


- 93 -

Bill of Quantities

For “Preamble” and the additional “Notes” of Bill of Quantities (BOQ), please refer to “Standard Bidding Document - Procurement of Civil Works - Part -1 : Complete Bidding Document (pages 77 to 79) published by the Government of India, Ministry of Surface Transport, Department of Road Transport and Highways (Latest Reprint) The items of work under the Bill of Quantities is enclosed vide “Annexure – I to Section – 7 – Bill of Quantities (BOQ)”. These shall be read in conjunction with the provisions stipulated within contract.

BIDDING DOCUMENT


- 94 -

SECTION – 8

SECURITIES AND OTHER FORMS

BIDDING DOCUMENT


- 95 -

Format for Bid Security (Bank Guarantee)

(To be executed on Stamp paper of appropriate value) 1. In consideration of you, West Bengal Highway Development Corporation Ltd., having

its office at 4th and 5th Floor, HRBC Bhawan, Munshi Premchand Sarani, Kolkata-700 021 (hereinafter referred to as the “Employer”, which expression shall unless it be repugnant to the subject or context thereof include its, successors and assigns) having agreed to receive the Bid of ……………………(Name of the Bidder)and having its registered office at ……………………… ……………..(hereinafter referred to as the “Bidder” which expression shall unless it be repugnant to the subject or context thereof include its/their executors, administrators, successors and assigns), for the work of __________________________________(hereinafter referred to as “the Project”) pursuant to the Bidding Document dated …………… issued in respect of the Project and other related documents including without limitation the form of Contract (hereinafter collectively referred to as “Bidding Documents”), we (Name of the Bank)having our registered office at………………………and one of its branches at …………………….. (hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in terms of Clause …………….. of the ITB and the IFB document, irrevocably, unconditionally and without reservation guarantee the due and faithful fulfilment and compliance of the terms and conditions of the Bidding Documents by the said Bidder and unconditionally and irrevocably under take to pay forth with to the Authority an amount of Rs.________( ) (hereinafter referred to as the “Guarantee”) as our primary obligation without any demur, reservation, recourse, contest or protest and without reference to the Bidder, if the Bidder shall fail to fulfil or comply with all or any of the terms and conditions contained in the said Bidding Documents

2. The Bank Guarantee will be received through Structured Financial Messaging System (SFMS) only after which the paper Bank Guarantee will be accepted by the Company. For the purpose of SFMS the details of the Bank Account of WBHDCL are as follows:-

Account Details

Beneficiary Name: West Bengal Highway Development Corporation Limited

Beneficiary A/C No.: 019094600001631

Beneficiary Name: Yes Bank Ltd.

Bank Branch Address: Stephen House, 56A, Hemanta Basu Sarani, Dalhousie Square, BBD Bag (East), Kolkata – 700001

IFSC Code: YESB0000003

[The Bank Guarantee issued by the Issuing Bank must be routed through SFMS

platform as per following details:

(i)……………….. for issuing of Bank Guarantee

(ii) ……………….. for amendment of Bank Guarantee]

3. Any such written demand made by the Employer stating that the Bidder is in default

of the due and faithful fulfillment and compliance with the terms and conditions

BIDDING DOCUMENT


- 96 -

contained in the Bidding Documents shall be final, conclusive and binding on the Bank

4. We, the Bank, do hereby unconditionally and irrevocably undertake to pay the amounts due and payable under this Guarantee without any demur, reservation, recourse, contest or protest and without any reference to the Bidder or any other person and irrespective of whether the claim of the Employer is disputed by the Bidder or not, merely on the first demand from the Employer stating that the amount claimed is due to the Employer by reason of failure of the Bidder to fulfill and comply with the terms and conditions contained in the Bidding Documents including failure of the said Bidder to keep its Bid open during the Bid validity period as set forth in the said Bidding Documents for any reason whatsoever. The default of the Bidder requiring forfeiture of this Guarantee shall include but not limited to the following: a) Failure or refusal of the Bidder to execute the Form of Agreement in

accordance with the Instructions to Bidders (ITB), if required; or

b) Failure or refusal of the Bidder to furnish the Performance Security, in accordance with the ITB; or

c) Non-acceptance by the Bidder of the correction of the Bid Price in accordance with the ITB; or

d) Indulging in corrupt or fraudulent practices Any such demand made on the Bank shall be conclusive as regard to amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs.__________________

5. This Guarantee shall be irrevocable and remain in full force for a period of ………………………………………………….. [Please mention period of validity] as may be mutually agreed between the Employer and the Bidder, and agreed to by the Bank, and shall continue to be enforceable till all amounts under this Guarantee have been paid

6. We, the Bank, further agree that the Employer shall be the sole judge to decide as to whether the Bidder is in default of due and faithful fulfilment and compliance with the terms and conditions contained in the Bidding Documents including, interalia, the failure of the Bidder to keep its Bid open during the Bid validity period set forth in the said Bidding Documents, and the decision of the Employer that the Bidder is in default as aforesaid shall be final and binding on us, not withstanding any differences between the Employer and the Bidder or any dispute pending before any Court, Tribunal, Arbitrator or any other authority

7. In order to give full effect to this Guarantee, the Employer shall be entitled to treat the Bank as the principal debtor. The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee from time to time to vary any of the terms and conditions contained in the said Bidding Documents or to extend time for submission of the Bids or the Bid validity period or the period for

BIDDING DOCUMENT


- 97 -

conveying acceptance of Letter of Award by the Bidder or the period for fulfilment and compliance with all or any of the terms and conditions contained in the said Bidding Documents by the said Bidder or to postpone for any time and from time to time any of the powers exercisable by it against the said Bidder and either to enforce or forbear from enforcing any of the terms and conditions contained in the said Bidding Documents or the securities available to the Employer, and the Bank shall not be released from its liability under these presents by any exercise by the Employer of the liberty with reference to the matters aforesaid or by reason of time being given to the said Bidder or any other forbearance, act or omission on the part of the Employer or any indulgence by the Employer to the said Bidder or by any change in the constitution of the Employer or its absorption, merger or amalgamation with any other person or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of releasing the Bank from its such liability. The Guarantee shall not be affected by any change in the constitution or winding up of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with any other person.

8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if addressed to the Bank and sent by courier or by registered mail to the Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us addressed to [name of Bank along with branch address] and delivered at our above branch which shall be deemed to have been duly authorised to receive the said notice of claim.

10. It shall not be necessary for the Employer to proceed against the said Bidder before proceeding against the Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any other security which the Employer may have obtained from the said Bidder or any other person and which shall, at the time when proceedings are taken against the Bank hereunder, be outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with the previous express consent of the Employer in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the obligations contemplated herein, the undersigned is duly authorised and has full power to execute this Guarantee for and on behalf of the Bank

13. This Guarantee shall also be operative at our local branch/shall be operative at our branch [Strikeout whichever is not applicable] at Kolkata, [Branch Name]……………., [Address]………………………..….., from whom, confirmation regarding the issue of this Guarantee or extension/renewal thereof shall be made available on demand. In the contingency of this Guarantee being invoked and payment hereunder claimed, the said branch shall accept such invocation letter and make payment of amounts so demanded under the said invocation For the avoidance of doubt the Bank‟s liability under this Guarantee shall be restricted

BIDDING DOCUMENT


- 98 -

to Rs. (--------------). The Bank shall be liable to pay the said amount or any part thereof only if the Employer serves a written claim on the Bank in accordance with paragraph 9 hereof, on or before…………… [Please mention the validity period]. Notwithstanding anything contained herein above: a) Our liability under this Bank Guarantee shall not exceed ₹…………………. b) This Bank Guarantee shall be valid upto……………….. c) We 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 ……………………

Signed and Delivered by ………………………. Bank By the hand of Mr./Ms. …………………….., its………………….. and authorised official. (Signature of the Authorised Signatory) (Official Seal) NOTE: a) The Bank Guarantee(s) contains the name, designation and code number of

the officer(s) signing the Guarantee(s). b) The address, telephone no, and other details of the Head Office of the Bank as

well as of issuing branch & local branch at Kolkata should be mentioned on the covering letter of issuing Branch.

c) The bank guarantee for Rs, 10,000 and above is signed by at least two officials (or as per the norms prescribed by the RBI in this regard)

BIDDING DOCUMENT


- 99 -

Format for Performance Security (Bank Guarantee) To,

The Chief General Manager


HRBC Bhawan, 4th & 5th Floor, Munshi Premchand Sarani,

Kolkata 700 021, Tel.: (033) 2262 5267,

Tele-fax: (033) 2262 5266,

E-mail: [email protected]

WHEREAS:

A. ……………..... (the “Contractor”) and the West Bengal Highway Development

Corporation Limited (“Employer”), acting through Chief General Manager authorised

signatory (the “Competent Authority”) have entered into a Contract dated

………………… (the “Contract”) whereby the Employer has agreed to the Contractor

undertaking the work of ………….., subject to and in accordance with the provisions

of the Contract.

B. The Contract requires the Contractor to furnish an unconditional Performance

Security Bank Guarantee by a scheduled commercial bank, to the Employer in a sum

of ……………… only (Rupees …………… only.) (the “Guarantee Amount”) as security

for due and faithful performance of its obligations, under and in accordance with the

Contract, during the validity of the Contract/Defect Notification Period.

C. We ___________through our branch at ____________________ (the “Bank”) have

agreed to furnish this bank guarantee (“Bank Guarantee”) by way of Performance

Security Bank Guarantee.

D. The Bank Guarantee issued by this Bank shall be operative only at our local Branch

____________________ [Branch name] ____________________ [Branch Code] at

Kolkata, West Bengal.

E. The Bank Guarantee will be received through Structured Financial Messaging System

(SFMS) only after which the paper Bank Guarantee will be accepted by the Employer.

For the purpose of SFMS the details of the Bank Account of WBHDCL are as follows:-

Account Details





BIDDING DOCUMENT


- 100 -



NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees

and affirms as follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance of the Contractor‟s obligations under and in accordance with the Contract , and agrees and undertakes to pay to the Employer, upon its mere first written demand, and without any demur, reservation, recourse, contest or protest, and without any reference to the Contractor, such sum or sums upto and aggregate sum of the Guarantee Amount as the Employer shall claim, without the Employer being required to prove or to show grounds or reasons for its demand and/or for the sum specified therein

2. A letter from the Employer, under the hand of an officer not below the rank of Chief General Manager in the West Bengal Highway Development Corporation Limited, that the Contractor has committed a default in the due and faithful performance of all or any of its obligations under and in accordance with the Contract shall be conclusive, final and binding on the Bank. The Bank further agrees that the Employer shall be the sole judge as to whether the Contractor is in default in due and faithful performance of its obligations under the Contract and its decision that the Contractor is in default shall be final and binding on the Bank, notwithstanding any differences between the Employer and the Contractor, or any dispute between them pending before any court, tribunal arbitrators or any other authority or body, or by the discharge of the Contractor for any reason whatsoever

3. In order to give effect to this Performance Security Bank Guarantee, the Employer shall be entitled to act as if the Bank were the principal debtor and any change in the constitution of the Contractor and/or the Bank, whether by their absorption with any other body or corporation or otherwise, shall not in any way or manner affect the liability or obligation of the Bank under this Bank Guarantee

4. It shall not be necessary, and the Bank hereby waives any necessity, for the Employer to proceed against the Contractor before presenting to the Bank its demand under this Bank Guarantee

5. The Employer shall have the liberty, without affecting in any manner the liability of the Bank under this Performance Security Bank Guarantee, to vary at any time, the terms and conditions of the Contract or to extend the time or period for the compliance with, fulfilment and/ or performance of all or any of the obligations of the Contractor contained in the Contract or to postpone for any time, and from time to time, any of the rights and power exercisable by the Employer against the Contractor, and either to enforce or forbear from enforcing any of the terms and conditions contained in the Contract and/or the securities available to the Employer, and the Bank shall not be released from its liability and obligation under these presents by any exercise by the Employer of the liberty with reference to the matters aforesaid or by reason of time being given to the Contractor or any other

BIDDING DOCUMENT


- 101 -

forbearance, indulgence, act or omission on the part of the Employer or of any other matter or thing whatsoever which under any law relating to sureties and guarantors would but for this provision have the effect of releasing the Bank from its liability and obligation under this Performance Security Bank Guarantee and Bank hereby waives all of its rights under any such law

6. The Bank Guarantee is in addition to and not in substitution of any other guarantee or security now or which may hereafter be held by the Employer in respect of or relating to the Contract or for the fulfilment, compliance and/or performance of all or any of the obligations of the Contractor under the Contract

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Performance Security Bank Guarantee is restricted to the Guarantee Amount and this Bank Guarantee will remain in force for [.] years (Expiry Date) and unless a demand or claim in writing is made by the Employer on the Bank under this Bank Guarantee, no later than …………………months from the date of the expiry of this Bank Guarantee, all rights of the Employer under this Guarantee shall be forfeited and the Bank shall be relieved from its liabilities hereunder

8. The Bank undertakes not to revoke this Bank Guarantee during its currency, except with the previous express consent of the Employer in writing, and declares and warrants that it has the power to issue this Bank Guarantee and the undersigned has full powers to do so on behalf of the Bank

9. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to the Bank or by hand at its above referred branch, which shall be deemed to have been duly authorised to receive such notice and to effect payment thereof forthwith, and if sent by post it shall be deemed to have been given at the time when it ought to have been delivered in due course of post and in proving such notice, when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and certificate signed by an officer of the Employer that the envelope was so posted shall be conclusive

10. This Performance Security Bank Guarantee shall come into force with immediate effect and shall remain in force and effect for a period of ……………days/years or until it is released earlier by the Employer pursuant to the provisions of the Contract

11. This Bank Guarantee may be renewed from time to time Notwithstanding anything contained herein above: a) Our liability under this Bank Guarantee shall not exceed ₹…………………. b) This Bank Guarantee shall be valid upto……………….. c) We 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 ……………………

Signed and sealed this ……day of …….20……at…….

SIGNED, SEALED AND DELIVERED

BIDDING DOCUMENT


- 102 -

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

NOTE: a) The bank guarantee should contain the name, designation and code number

or the officer(s) signing the guarantee. b) The address, telephone number and other details of the Head Office of the

Bank as well as of issuing Branch and Local Branch should be mentioned on

the covering letter of issuing Branch. c) *Clause D is applicable only for the Bank Guarantee issued by an outstation

Bank, i.e., a Bank Branch located outside Kolkata

BIDDING DOCUMENT


- 103 -

Format for Retention Money (Bank Guarantee) To,

The Chief General Manager


HRBC Bhawan, 4th & 5th Floor, Munshi Premchand Sarani,

Kolkata 700 021, Tel.: (033) 2262 5267,

Tele-fax: (033) 2262 5266,

E-mail: [email protected] WHEREAS ………………………………………………………………….[name and address of the Contractor] (hereinafter called the “Contractor”) has executed Contract No…………………………….dated…………………) for the………………. from km……to km……..of section of ………..in the State of West Bengal Contract Package No…………………….(hereinafter called the “Contract”) pursuant to its award by WEST BENGAL HIGHWAY DEVELOPMENT CORPORATION LIMITED (hereinafter called the “Authority”) AND WHEREAS the Contract provides for deduction of retention moneys from the amounts payable to the Contractor as per the terms specified therein which is to be refunded as per the specific terms and conditions of the Contract. AND WHEREAS the Contractor has option of substituting the retention money in manners specified in the Contract with irrevocable and unconditional bank guarantee(s) with the prior approval of the Authority. AND WHEREAS the Contractor has opted to replace retention money with an unconditional and irrevocable Bank Guarantee and we ………………………… (“Bank”) have agreed to give the Contractor such a Bank Guarantee. AND WHEREAS we, through our branch at _______________ have agreed to furnish this bank guarantee (hereinafter called the "Guarantee") for the amount of Rs.___________ cr. (Rs_____ crores)(the "Guarantee Amount") The Guarantee will be received through Structured Financial Messaging System (SFMS) only after which the paper Guarantee will be accepted by the Authority. For the purpose of SFMS the details of the Bank Account of Authority are as follows:-

Account Details







BIDDING DOCUMENT


- 104 -

NOW THEREFORE, the Bank hereby unconditionally and irrevocably guarantees and affirms as follows:- 12. The Bank hereby unconditionally and irrevocably undertakes affirm that we are the

guarantor and responsible to you pay the Authority on behalf of the Contractor, a total of Rs……………….. (Rupees ……………..) as the Guarantee Amount, such sum being payable in the types and proportion of currencies in which the Contract Price is payable and we undertake to pay you, upon your first written demand and without demur, reservation, recourse, contest, protest, cavil or argument and without any reference to the Contractor, the Guarantee Amount as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein.

13. A letter from the Authority, under the hand of an officer not below the rank of

[………….] in West Bengal Highway Development Corporation Limited , that the Contractor has committed default in due and faithful performance of all or any of its obligations for under and in accordance with the Contract shall be conclusive, final and binding on the Bank .The Bank further agrees that default in due and faithful performance of its obligations during and under the Contract and its decision that the Contractor is in default shall be final and binding on the Bank, notwithstanding any differences between the Authority and the Contractor , or any dispute between them pending before any court , tribunal , arbitrators or any other authority or body , or by the discharge of Contractor by what reason whatsoever

14. The Bank agrees that in order to give effect to this Guarantee, the Authority shall be

entitled to act as if the Bank were the principal debtor and any change in the constitution of the Contract and /or the Bank, whether by their absorption with any other body or corporation or otherwise, shall not in any way or manner affect the liability or obligation under this Bank

15. We ………………………..(Bank) hereby waive the necessity of your demanding the

sums from the Contractor before presenting us with the demand 16. We …………………………..(Bank) agree that the authority shall have the fullest liberty

without affecting in any manner the Bank‟s obligations under this Guarantee to extend the time of performance by the Contractor from time to time or to postpone for any time or from time to time any of the rights or powers exercisable by the Authority against the Contractor and either to enforce or forbear to enforce any of the terms and conditions of the said Contract and or securities available to the Authority, and the Bank shall not be released from its liability for the reasons of any such extensions being granted to the Contractor or for any forbearance indulgence , act or omission on the part of the Authority or any other indulgence shown by the Authority or by any other matter or thing whatsoever which under the law relating to sureties and the guarantors would, but for this provision have the effect of so relieving the Bank from its liability and obligation under this Guarantee and the Bank hereby waives all of its rights under any such law

17. We .......................(Bank ) agree that the Guarantee is in addition to and not in

substitution of any other guarantee or security now or which may hereafter be held by the Authority

BIDDING DOCUMENT


- 105 -

18. We.........(Bank) hereby agree that notwithstanding anything contained hereinbefore

, the liability of the Bank under this Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force for a period of [………….] days/years and unless a demand or claim in writing is made by the Authority on the Bank under this Guarantee all rights of the Authority under this Guarantee shall be forfeited and Bank shall be relived from its liability hereunder

19. We...................(Bank) hereby undertakes not to revoke this Guarantee during its

currency , except with the previous express consent of the Authority in writing , and declares and warrants that it has the power to issue its guarantee and the undersigned has full powers to do so on behalf of the Bank

20. We..............(Bank) hereby agrees that any notice by way of request, demand or

otherwise hereunder may be sent by post addressed to the Bank at its referred branch at Kolkata, or by email sent to the branch manager of the Bank, which shall deemed to have been duly authorised to receive such notice and to effect payment thereof forthwith , and if sent by post , it shall be deemed to have been given at the time when it ought to have been delivered in due course of post and in proving such notice, when by post, it shall be sufficient to prove that the envelope containing the notice was posted and a certificate signed by an officer of the Authority that the envelope was so posted and if sent by email, non-receipt of notification stating that the email is not delivered shall be conclusive

21. The Guarantee shall come into force with immediate effect and shall remain in force

and effect upto the date specified in paragraph 9 above or until it is released earlier by the Authority pursuant to the provisions of the Contract

22. This Bank Guarantee is encashable or extendable at our designated local branch in

Kolkata, West Bengal, India, as mentioned below Name of the Bank, Branch and contact details:

Address:

Telephone and Fax No:

E-mail Address:

Code Number:

Branch Manager Name and Mobile No:

Bank Zonal Office Address, Telephone and Fax Number:

E-mail Address:

This Guarantee shall be valid till all obligations of the Contractor under the said contract

relevant for release of Retention money has been discharged by the Contractor

Notwithstanding anything contained herein:

1. Our liability in this Bank Guarantee shall not exceed Rs. ……….(Rupees…..) and interest

thereon at the rate of ………….% for the period of delay in payment.

2. This Bank Guarantee shall be valid upto ……………..

BIDDING DOCUMENT


- 106 -

3. We are liable to pay the Guaranteed Amount or any part thereof under this Bank

Guarantee only and only if you served upon us a written claim or demand on or before

……….

NOTES:

1. The bank guarantee should contain the name, designation and code number of the officer(s) signing the guarantee.

2. The address, telephone number and other details of the head office of the Bank as well as of issuing branch and local branch should be mentioned on the covering letter of issuing branch.

BIDDING DOCUMENT


- 107 -

Format for Agreement (Contract) (Refer clause 33.3 of ITB)

Agreement No.: …………………………………………………… This Agreement made the ………………………… day of ……………………, 2014 between West Bengal Highway Development Corporation Ltd., 4th& 5th Floor, HRBC Bhawan, Munshi Prem Chand Sarani, Kolkata – 700021 (hereafter called “the Employer)” and …………………………………………………….. (hereinafter called “the Contractor”) of the other part. Whereas the Employer is desirous that the Contractor execute ……………………………………… (hereinafter called “the Works”) and the Employer has accepted the Bid by the Contractor for the execution and completion of such Works and the remedying of any defects therein, at a cost of Rs. ……………………………… (Rupees ………………………………………………………….. only). NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expression shall have the same meanings as are

respectively assigned to them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read and construed as part of this Agreement.

2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the works and remedy and defects therein in conformity in all aspects with the provisions of the Contract.

3. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying the defects wherein Contract price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

4. The following documents shall be deemed to form and be read and construed as part of this Agreement viz: A) Contract Agreement Volume –I containing

i. Contract Agreement

ii. The Letter of Acceptance

iii. Notice to proceed with the works

BIDDING DOCUMENT


- 108 -

iv. Contractor‟s Bid (containing Technical and Financial Bid as per Form of Bid

as per Section -6 with Priced Bill of Quantities as per Section 7 of the Bidding

Document)

v. Authorization for signing of this Agreement ,correspondences and Minutes of

Meetings between the Employer and the Contractor prior issuance of LOA;

vi. Securities and other Forms submitted by the Contractor under Section -8 of

the Bidding Document)

vii. Any other documents listed in Contract Data and/or furnished by the Bidder

as per Section 10 of the Bidding Document.

B) Contract Volume –II containing

i. Bidding Document Volume -1 containing Invitation for Bid (IFB), Section –I

with Annexure and Appendices to Section –1, Qualification information under

Section -2 , Conditions of Contract (General ,and special) under Section-3 ,

Conditions of Particular Application under Section 3A, Contract Data under

Section 4:

ii. Amendments, Corrigenda, Addenda to the Bidding Documents issued prior to

last date of submission of Bid.

C) Contract Volume –III containing

Technical Specifications under Section -5 and Drawings under Section 9; In witnessed whereof the parties there to have caused this Agreement to be executed the day and year first before written The common Seal of ………………………………………………….. was hereunto affixed in the presence of: Signed, sealed, and delivered by the said …………………………………………………………………....... in the presence of: Binding Signature of Employer ……………………………………………………………… Binding Signature of Contractor …………………………………………………………….

Date post:	23-Nov-2021
Category:	Documents
Upload:	others
View:	2 times
Download:	0 times