Appointment of Consultant - WTP

Transcription

TENDER FOR
15 MLD WTP CONSULTANCY
AT KAPURDI LIGNITE MINE
(A Govt. of Rajasthan Enterprise)
BARMER LIGNITE MINING COMPANY LIMITED
(NIT No - BLMCL/MD/JPR/15-16/047 Dated 18-Mar-2015)
Tender Specification
For
Technical Consultancy and
Engineering Services
For
15.0 MLD Capacity Water Treatment Plant
at
Kapurdi Lignite Mine, Barmer, Rajasthan
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Office of the Associate Vice President,
Barmer Lignite Mining Company Limited,
B-13, 14, RIICO Industrial Area
Opposite Rajasthan State ware House
Barmer - 344001
Cost of Tender Document: Rs. 2000/-
Contact Person at Barmer:
Mr. Amrendra Kumar
AVP (Operations)
Mobile: +91 80940 05350
Phone: +91 2982 221049
Fax: +91 2982 223659
E-mail: [email protected]
Contact Person at Jaipur:
Mr. Nitesh Gangwal
Company Secretary
Mobile: +91 99833 20648
Phone : +91 141 2369772
Fax : +91 141 2369774
E-mail: [email protected]
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TENDER FOR
Ref: BLMCL/MD/JPR/15-16/047
Dated: 18-Mar-2015
Tender Notice
Sealed tender is invited from the reputed and experienced Consultant having experience
of execution of similar type projects for taking up the following jobs at Kapurdi Lignite Mine.
S. No.
Name of work
1.
To provide technical Consultancy and
Engineering Services for EPC project of 15
MLD capacity saline water treatment plant.
Details of responsibilities mentioned in
Stage#1, 2&3 of Scope of work.
EMD (Rs)
50,000.00
Completion time
One year
Tender document can be collected from the office of undersigned on payment of Rs.
2,000/- only (Non-refundable) through Demand Draft in favour of Barmer Lignite Mining
Company Limited payable at Jaipur, on any working day from 19-Mar-2015 to 18-Apr2015 during office hrs. from 9.00AM to 6.00 PM. Bid documents is also available to
prospective bidders on portal http://blmcl.in/tenders.shtml for viewing and downloading.
The bidders, in their own interest are requested to read very carefully the bid document
before submitting the bid up to the time & date as specified above. The bidders
downloading the bid from the portal will be required to deposit a bank draft of Rs. 2000.00
drawn in favour of Barmer Lignite Mining Company Limited payable at Jaipur. Such bank
draft will be enclosed with documents in envelop-I. The tender will be received up to
3.30 PM and opened on the same day on dated 20-Apr-2015 at 4.30 PM in our Jaipur
office at Office No. 2 & 3, 7th Floor, Man Upasana Plaza, C-44, Sardar Patel Marg, CScheme, Jaipur–302001.
The EMD should be deposited in the shape of Bank draft drawn in favour of Barmer Lignite
Mining Company Limited payable at Jaipur or in the form of Bank Guarantee. EMD if
deposited in the form of Bank Guarantee will be in the format attached as Annexure–5 and
from any Nationalized Bank or a National Level Private Bank but not a Co-operative Bank.
Such Bank Guarantee should remain valid for a period of 180 days from last date of
submission of bid. Tender without EMD will be summarily rejected. EMD will not carry any
interest.
Tender should be submitted in two parts i.e. Envelop-I & Envelop-II duly subscribed on
envelops with NIT Nos., name and address of tenderer. Envelop-I will contain the technical
offer and EMD Bank Draft or Bank Guarantee while Envelop-II will contain the commercial
offer (Price Bid). Both envelops will further be enclosed in a single Envelop which will be
superscripted with name and address of tenderer, tender number along with date of
opening.
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SECTION 1 – INSTRUCTIONS TO BIDDERS
1. Project information:
Rajasthan State Mines & Minerals Limited (RSMML) a GoR enterprise and Raj West
Power Limited, A wholly owned subsidiary of JSW Energy Limited has formed a Joint
venture company incorporated as Barmer Lignite Mining Company Limited (hereinafter
referred as “BLMCL” or “Company” or “owner”). The JV Company has been entrusted to
develop lignite block at Kapurdi, in Barmer district of Rajasthan, India. The mine is located
adjacent to the 1,080MW Lignite based pithead power project. The present approved
Lignite mining production capacity from Kapurdi Mine is 7.0 million Tonnes per Annum
(MTPA).
At present, the mining has reached maximum depth of 110 meter and it has encountered
aquifers charged with saline water. The company intends to establish 15.0 MLD water
treatment plant (referred as “project”) in order to make the pumped out saline water
useable and minimize the environmental impact.
BLMCL invites bids from reputed consulting firms having wide experience in Water
Treatment Plant (WTP) especially of saline water, for providing technical consultancy for
the project from initial conceptualization till completion of the project. National Competitive
Bidding (NCB) process will be followed for selection of the vendor.
2. Scope In General
BLMCL wishes to hire services of reputed consultant for the consultancy and engineering
services. BLMCL doesn’t intent to hire services of any other consultant for Engineering of
the project, therefore it is not intended to specify and outline herein all the minute details
of the services and all the engineering for the project shall be rendered by the Consulting
Engineer (CE) except for the specific exclusions.
All items which are required to be engineered for the integrated working of the plant as a
whole are deemed to be included in the scope of the services whether specifically
mentioned or not. The CE shall render all necessary and comprehensive services
required in every respect to ensure smooth and timely completion of the project.
It is proposed to execute the project on Engineering Procurement and Commission
(EPC) basis.
National Competitive Bidding (NCB) tendering process will be followed for selection of
the EPC contractor.
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Scope of work:
The scope of work shall include but not limited to following:
Stage1 – Preorder engineering:
a. Preparation of Detailed Project Report and recommendation of best suited process
considering lowest total cost of ownership for the life cycle of the project.
b. Estimation of project cost, O&M cost and time schedule for the project.
c. Preparation of conceptual scheme, technological parameters, system design, sizing
& selection of equipment and associated facilities.
d. Preparation of proposed plant conceptual flow sheet and basic engineering drawing.
Stage2 - Assistance for Ordering:
a. Preparation of bid document including scope of work and technical specification for
the bid.
b. Scrutiny and evaluation of the technical offer of bidders, discussion with the bidders
as required, obtaining clarifications and submitting recommendations for finalization
& placement of orders.
c. Scrutiny of the contract document submitted by successful WTP bidder, discussion
with the Owner in order to firm up performance parameters, scope of work and
other interfacing requirements.
Stage 3 - Post order engineering consultancy:
a. Review and approval of drawings submitted by successful bidder for WTP showing
general arrangement of plant and equipment, layouts of auxiliaries, electrical and
instrumentation & control systems.
b. Review and approval of all engineering documentation of the successful WTP
bidder relating to approval from Owner to ensure completeness as per
specifications and compliance to applicable standards and norms.
c. Review and approval of design basis and design calculations and basic design
drawings namely, general arrangement drawings to be submitted by successful
WTP bidder.
d. Review and approval of basic design drawings for the structural steel work namely
general arrangement drawings to be submitted by successful WTP bidder.
e. Review and approval of procedures/manuals for start-up/shutdown, periodical
maintenance and manuals for various equipment submitted by the successful WTP
bidder.
f. Certification of bills relating to civil, structural (incl. all fabrication details),
Mechanical, Electrical supply and erection by successful EPC contractor.
g. Expediting and pre dispatch inspection at contractors/subvendor’s works and
offering pre-dispatch clearance.
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h. Quality inspection of works at site.
i. Project schedule monitoring and advising owner on the possible bottle necks to
facilitate completion of the project on time.
j. Providing technical assistance by visits of design engineers as and when
necessary.
k. Witnessing and certification of the PG test.
3. Requirements for Qualified Bidder
Bidder shall have successfully executed Consulting Engineer services for Water
treatment plant from conceptual engineering, layout, tender engineering, bid evaluation,
detailed engineering, interfacing between various package, review & approval of vendor
designs, drawings, quality assurance plan, inspection both at site and factory,
scheduling, project management, assistance in commissioning and testing for Water
treatment plant of 10 Million Litres per Day (MLD) using sea water.
AND
The Bidder shall have a minimum annual turnover of Rs. 5 crores or equivalent during
last two years.
Bidder has adequate man-power consisting of qualified and experienced engineers;
supervisors etc. to successfully engineer, design, supervise, test and commission the
water treatment plant. Bidder shall submit manpower plan - proposed assignment
along with the bid.
The Bidder shall ensure that the information to be furnished in the following
qualification documents Annexure-1 & 2 should be specific and to the point. All
questions must be commented and filled in. If a question is not applicable to the
Bidder for qualification, it must be struck off clearly explaining the reason for its nonapplicability.
General financial and commercial particulars of Bidder Annexure-1
Information with respect of the Bidder’s experience Annexure-2
Notwithstanding anything stated above, Owner reserves the right to assess the
consultant's capability and capacity to perform the works and such decision of the
Owner shall be final.
Bid submitted by Bidder without necessary details of the qualifying requirement along
with the documentary evidence shall be rejected by the Owner.
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4. Time Schedule
The basic consideration and the essence of the Technical Consultancy contract shall
be the strict adherence to the time schedule for performing the consultancy services.
The Owner's requirements of completion schedule for the works are mentioned in the
corresponding Schedule-1 attached to this bid document.
The completion schedule as stated shall be one of the basis of evaluation of the offers
and the Owner reserves the right to request for a change in the work schedule during
the pre-award discussions with the successful Bidder.
5. Bid Documents
The bid documents for the scope of work are arranged as follows:
Section - 1
Instruction to Bidders
Section - 2
Conditions of the Contract
Section - 3
Schedules (1 to 2) and Annexure (1 to 6)
Failure to furnish all information required as per the bidding documents or submission
of a bid not substantially responsive to the bidding in every respect will be at the
Bidder's risk and may result in the rejection of bid.
The Bidder shall bear all costs associated with the preparation and submission of the
bids. The submission of any bid connected with these documents and specifications
shall constitute an agreement that the Bidder shall have no cause of action or claim
against the Owner for rejection of bid or if the Owner may elect to withdraw the
invitation to bid. The Owner shall always be at liberty to reject or accept any bid or all
bids at its sole discretion and any such action shall not be called into question and the
Bidder shall have no claim in that regard against the Owner. The Owner is not bound
to give any reasons for the rejection of the bid.
The Bidder shall note the following:
Bid documents are not transferable.
Not more than one bid for the work shall be submitted by one Bidder.
If the Bidder deliberately gives wrong information in its bid to create circumstances for
the acceptance of its bid the Owner reserves the right to reject such bid and/or cancel
the order.
Bid documents submitted shall be the property of the Owner.
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Bids shall be submitted for the complete scope of work as envisaged and bid
submitted for partial scope of work may be rejected.
6. Bidder to inform itself fully
Before submitting the bid for consultancy, the Bidder shall make independent enquiry
and satisfy itself as to all the required information, input conditions and circumstances,
which may have any effect on the bid price and also on the execution of work.
The Bidders are also required to familiarize themselves with the income tax, service
tax and such other local laws and conditions.
The Bidders are also required to familiarize themselves with the site conditions. This
shall be without any cost or liability to Owner.
7. Interpretation of Bid Documents
If the Bidder finds any discrepancies or omissions in the bid specifications and
documents or is having any doubt as to the true meaning of any part of the bid
document, he shall at once submit a written request in English language for
clarification or interpretation of the doubt in question. This written request shall be
submitted in duplicate to the Owner at the following address:
Office of The Associate Vice President,
Near Chamunda Temple, Kishanpura, Gandhi Nagar,
National highway -15, Barmer -344001
While the Owner shall make efforts to furnish the clarifications, the same shall not be a
ground for extension of the deadline prescribed by the Owner for submission of bids.
Nevertheless, if some clarification is of a nature, which basically alters the bid's scope,
the Owner may, at its discretion, extend the deadline for submission of the bid.
Appropriate interpretation shall be given in the form of a supplementary notice without
identifying the source to all the Bidders. The Owner shall respond in writing to any
request for clarification of the bid documents, which it receives not later than 07 days
(seven) prior to the deadline for submission of bids prescribed by the Owner. Written
copy of Owner's response (including an explanation of the query without identifying
the source of enquiry) will be sent to all prospective Bidders. However, no oral or other
interpretation shall be considered as binding on Owner. Copies of such clarification or
notice received by the Bidder shall be included as an appendix to its bid.
The Owner may amend the bid documents at any time by issue of an amendment.
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8. Language of the Bid
All information given in the bid shall be in English language. Information in any other
language shall be accompanied by its translation in English. Failure to comply with
this requirement may disqualify the bid. In the event of any discrepancy in meaning,
the English language copy of all documents shall govern.
9. Bid Offer Prices
The Bidder shall indicate on the appropriate Price Schedule (Schedule–2) attached to
these documents, bid prices for the consultancy services under the contract and as
required in the bid specification.
The price for consultancy shall be firm and not subject to any price adjustment during
the entire period of the consultancy services.
10. Period of validity of the Bids
The bid shall remain valid for 120 days from the date of bid opening prescribed by the
Owner. A bid valid for a shorter period may be rejected by the Owner as nonresponsive.
11. Preparation of Bid
Three copies of the proposal comprising of two parts viz. of technical and price bids
(Envelop-1 and Envelop-2 respectively) shall be submitted to the office of:
Barmer Lignite Mining BLMCL Limited,
Office No. 2 & 3, 7th Floor
Man Upasana Plaza
C-44, Sardar Patel Marg,
C-Scheme, Jaipur – 302001 (INDIA)
Technical Proposal (Envelop 1) shall include following information:
Confirmation sought from the Bidder for Time schedule as per format enclosed as
Schedule–1.
Format related to General, Financial and Commercial Particulars of the Firm is as per
Annexure–1.
Format related to Information in respect of Bidder’s experience is as per Annexure–2.
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Description of manners, the Bidders would plan to execute the work. Work plan time
schedule (in Annexure–3) and approach or methodology proposed for carrying out
the required work. Any comments or suggestions of the Bidders.
The composition of the team of personnel which the Bidder would propose to provide
and the tasks which would be assigned to each team member shall be submitted by
the Bidder.
Curriculum Vitae of the individual staff members who would be assigned to work and
of the senior officer/s who would be responsible for supervision of the team must be
submitted. The curriculum vitae should follow the attached format given in Annexure–
4.
Price bid shall include following information:
Schedule of price Bid in Schedule–2
All bids shall be prepared by typing or printing with indelible ink. One original proposal
and two copies of the original proposal shall be submitted by each Bidder. The bids
submitted and the documents attached thereto shall be considered a part of the bid
document.
If there is any discrepancy between the original and the copy of the proposal, the
original shall be taken as authentic.
The Bidder must state in its bid a valid address at which notice may be served. All
such notices shall be deemed to have been served validly which are left at such
address or if sent by post shall be deemed to have arrived in due course. Any change
of address must be notified to the Owner and until such notification is received, the
Owner shall not be bound to take notice of any change of address and all
correspondence sent to earlier address shall be deemed to be validly served on the
Bidder.
Data and information in the bid shall preferably be in metric units but where other units
are used, the metric equivalent shall be given.
12. Submission of Bids
Three copies of the proposal comprising of two parts viz. of technical and price bid
shall be submitted to
The envelope super scribed as "TECHNICAL PROPOSAL" (Envelope 1) should
include the description of the firm / organization, the firm's general experience in the
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field of assignment, the qualification and competency of the personnel proposed for
the assignment and the proposed work plan methodology, approach, computerized
software proposed to be used for the execution of the specified in the Scope of Work.
This envelope (Technical Proposal) should not contain any price/cost information
whatsoever.
The second envelope super scribed as "PRICE PROPOSAL" (Envelope-2) should
contain the detailed price offer for the consultancy services and this envelope should
be sealed with sealing wax and initialed at two places across the seal.
Both the sealed envelopes (containing Technical and Price proposals, Envelope 1 &
2); should be placed in one sealed cover super scribing thereon "PROPOSAL FOR
APPOINTMENT CONSULTING ENGINEER SERVICES FOR 15 MLD WATER
TREATMENT PLANT AT BLMCL, BARMER, RAJASTHAN " and this envelope should
reach the office of
Man Upasana Plaza
on or before 20-Apr-2015, 15:30 hours. The offers received after this date and time
on any account for any reason whatsoever, will be ignored.
13. Deviations
The Owner desires that the Bidder shall perform the work strictly in accordance with
the bid documents. No deviations will be entertained and the bidders are required to
submit unconditional bid only.
14. Evaluation of Proposal
The Bidder shall be qualified as per the qualifying criteria indicated in this Bid
Document. In case the Bidder does not fulfill qualifying criteria his offer shall be
summarily rejected.
The Qualified Bidders shall thereafter be evaluated on the following parameters:
 Experience relevant to proposed Scope of Work.
 Track record of installations and experience claimed by Bidder. Experience and
availability of Key Personnel earmarked by the Bidder for the proposed project.
 Methodology & Approach proposed by Bidder.
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 Time Schedule proposed by the Bidder.
The Owner shall evaluate the bids with the overall perspective of ensuring
satisfactory delivery of Scope of Work. Owner shall, based on the above evaluation
shortlist the Bidders whose Price Bid shall be considered for award by the Owner. If
necessary, any or all Bidders may be required to make a presentation to BLMCL on
their proposal at their cost.
15. Award of Contract
Notwithstanding anything contained in this document, the Owner reserves the right to
accept or reject any bid, and to annul the bidding process and reject all bids, at any
time prior to award of contract, without thereby incurring any liability to the Bidder or
Bidders or any obligation to inform the affected Bidder or Bidders the grounds for the
Owner's action.
Notification of award of contract shall be made in writing through a 'Notice of Award',
i.e. Letter of Intent (LoI), to the successful Bidder. This letter of intent may be in writing
by registered letter or by cable or telex or FAX to be confirmed in writing by registered
letter or courier service or by speed post that its bid has been accepted.
Till such time the formal contract is signed, the LoI issued by the Owner to the
successful Bidder and its acceptance by the Bidder shall be construed as a contract
document and conditions of contract contained in these documents shall become
applicable.
16. Signing of Contract
The Successful Bidder shall have to sign a formal contract agreement with the Owner
and submit Performance Guarantee within 15 days from the date of LoI. Under certain
circumstances, the Owner may give an extension of time for signing of contract
If the Successful Bidder fails to sign contract / fails to furnish Performance Guarantee
within stipulated time, the same shall constitute sufficient ground for the annulment of
the award of consultancy work. In such an eventuality, the Owner may make the
award to the next evaluated responsive Bidder or call for new bids.
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SECTION II - GENERAL CONDITION OF CONTRACT
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1. SCOPE OF CONTRACT
Stage-1: Preparation of detailed project report, design basis document.
Stage-2: Preparation of tender documents. Clarification to the bidders, review &
evaluation of bids and providing technical recommendations, support in
finalization of contract with the selected bidder.
Stage-3: Project management and Inspection services. Review engineering and
approval of drawings. Correspondence with the contractors on behalf of the
Owner. Certification of the Quantities and Bills submitted by the contractors.
Inspection services at site and at the vendor’s premises. Ensure timely
completion of installation of WTP and closure of awarded contract.
2. CONTRACT DOCUMENTS
(1) The term "Contract Documents" shall mean and include the following:
(a) The bid specification issued by the Owner.
(b) Consultant's proposal.
(c) Any agreed variations to the conditions of the bid documents and
specifications.
(2) In the event of any conflict between the above, the decision of the Owner shall be
final and binding upon the parties.
3. DEFINITIONS
Unless defined otherwise, the following terms wherever used in this bid document
shall have the following meaning:
(1) "Consulting Engineer" or “Consultant” or "Engineer" shall mean the
Bidder/Consultant whose bid has been accepted by the Owner for the award of
contract.
(2) "Owner" means Barmer Lignite Mining Company Limited (BLMCL) and shall
include its legal representatives, successors and permitted assigns.
(3) "Specification" shall mean the technical specifications forming a part of the
contract and such other schedules and drawings as may be mutually agreed upon.
(4) "Start Date" shall mean the date from which the periods specified for activities are
measured and set forth in the relevant schedules.
4. EFFECT AND JURISDICTION OF CONTRACT
(1) The contract shall be considered as having come into force from the date of issue
of Letter of Intent (LoI). This date will be called as the effective date of contract.
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(2) The laws applicable to this "contract" shall be the laws in force in India. The courts
of Jaipur, India shall have exclusive jurisdiction in all matters arising under and on
account of this contract.
5. TIME SCHEDULE
Time schedule for all activities as follows:
The work for stage-1 and 2 will commence simultaneously.
 Draft DPR within 21 days from the date of issue of LOI.
 Submission of Final DPR within 7 days from the date of receipt
suggestions/comments on the draft DPR
 Preparation of tender documents within 15 days from the date of submission
Draft DPR Report.
 Submission of Final Tender documents within 7 days from the date of receipt
suggestions/comments on the draft tender documents.
 Submission of the draft bid evaluation report 7 days after the last date
submission of the bids
 Submission of the final bid evaluation report 7 days after the date of receipt
comments from the owner.
 Submission of draft work order after 7 days of Final Bid evaluation
 Submission of final work order after 7 days of receipt of comments from owner
of
to
of
of
of
Note:
1. Owner wishes to award of work order within 2 months of finalisation of tender
documents.
2. Completion of execution of WT Plant work as per the awarded work order
schedule.
However
The contract period will coincide with the period of commissioning of the WT Plant
subject to all terms and conditions fulfilled like performance guarantee, performance
parameters, stabilization of plant etc.
The Consultant is required to submit detailed PERT chart covering engineering
activities, covering key phases of work such as bid review, evaluation, recommendation,
review of packages and other associated works etc. with Approach & Methodology to be
submitted as a part of Bid. The above chart shall be reviewed periodically and periodic
review reports, twice a month, shall be submitted to the Owner.
6. CONTRACT PRICE
a. The price accepted by the Owner for the entire scope of consultancy works -
services shall be treated as the total contract price.
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b. All costs, damages, or expenses, which the Owner may have paid, for which under
the contract the Consultant is liable, shall be claimed by the Owner from the
consultant.
c. The Owner reserves the right to seek termination of the contract for reasons
attributable to its further investment in the Project. In such a scenario, Consultant
shall be compensated only for the work completed till such date. Both the Parties
shall discuss in good faith, the amount of such compensation. The Work, Designs
or any other document etc. produced till such date shall become the property of the
Owner.
7. EARNEST MONEY DEPOSIT (EMD)
The Earnest Money to be deposited will not carry any interest. BLMCL will retain EMD
of successful bidder towards security amount for the entire period of contract and the
same will be released after successful completion of the contract. In case of submission
of Bank Guarantee for EMD, the same would require to be extended till completion of
the contract, if so needed as per the instructions of BLMCL. However, EMD shall be
returned/refunded to unsuccessful bidders in 30 days after completion of bidding
process.
8. INSURANCE
The Consultant, at its own cost, shall arrange, secure & maintain insurance as may be
necessary for all such amounts to protect its interests. The insurance coverage shall be
adequate to cover all contingencies.
The safety, security, insurance and any other commitments towards the personnel and
equipment deployed or towards any third party shall be your responsibility.
9. CONSULTANT'S DEFAULT
a.
If the Consultant shall neglect to execute the work covered by this contract with
due diligence and expedition or shall refuse or neglect to comply with any
reasonable orders given to him in writing by Owner, the Owner may give a notice
in writing to the Consultant to make good the failure, neglect or contravention. If
the Consultant shall fail to do so within 20 days from the date of serving such a
notice, the Owner may without prejudice to any other rights he may have under
the contract, take the work wholly or in part out of the Consultant's hand and get
the work done by other agencies at the Consultants risk and cost.
b.
The Owner, in such event, shall be entitled to retain and apply any balance, which
may otherwise be due to the Consultant for the payment of cost of executing the
said part of the works taken out of the Consultant's scope. If the cost of executing
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the said part of the works or of completing the works shall exceed the balance due
to the Consultant, the Consultant shall pay such excess.
10. FORCE MAJEURE
a.
In the event of either party being rendered unable by Force Majeure to perform
any obligations required to be performed by them under the contract the relative
obligation of the party affected by such Force Majeure shall upon notification to
the other party be suspended for the period during which such cause lasts.
b.
The term “Force Majeure” as employed herein shall mean act of God, revolt, riot,
fire, flood, war and Acts and Regulations of any Government.
c.
Upon the occurrence of such cause and upon its termination, the party alleging
that it has been rendered unable as aforesaid thereby, shall notify the other party
as soon as practicable giving full particulars and satisfactory evidence in support
of its claim.
d.
In the event of Consultant being unable to perform its obligations due to Force
Majeure as above, the Consultant shall help the Owner by making alternative
arrangement as far as it can, so that the work does not suffer.
e.
The period of contract shall stand automatically extended corresponding to the
period lost due to Force Majeure conditions and the consultant shall not be
entitled for any compensation for the force majeure period.
f.
In case of the Force Majeure conditions lasting more than two months, BLMCL
shall have the right to terminate the contract.
11. LIABILITY OF THE CONSULTANT
The Technical Consultants liability under this contract shall limited to the Contract
Price. The cap on liability shall, however, not be applicable in case of gross
negligence or willful misconduct by the Technical Consultant.
12. PATENT, RIGHTS & ROYALTIES
a.
The Consultant shall hold harmless and indemnify the Owner from and against
loss, damage and expenses arising from any claim for infringement of a patent,
copyright, design and other such rights in existence or to be granted on an
application published prior to the completion of this Contract with respect to or
arising out of the use or supply of design, or any work in accordance with the
designs, drawings or specifications furnished, approved or recommended by the
Consultant.
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b.
The Consultant shall promptly notify the Owner in writing if the Consultant has
acquired knowledge of any patent under which a claim or suit for infringement
could reasonably be brought because of the use by Owner of any information,
recommendation or specifications, or services rendered by the Consultant.
c.
The Consultant, in such case, shall forthwith at their own cost make and furnish to
the Owner alternative designs, drawings, specifications, or recommendations to
avoid the same and without putting the Owner to additional cost, charges or
expenses.
13. UNITS & INDIAN STANDARDS/CODES/REGULATIONS
The metric system of units will be used for this Project. Indian Standards, Codes and
Regulations, wherever applicable shall be adopted and adhered to by the Consultant.
In case of such Indian Standards/Codes/Regulations being not available in particular
areas, applicable and accepted International Standards shall be followed.
14. TERMS OF PAYMENT
The terms of payment under this contract shall be as per Schedule of Prices.
Mode of payment
Running bills to the extent of 90% shall be payable within 30 days from the date of
receipt of the bills after deducting:
a. Income Tax as per the provision of Income Tax Act.
b. Any expenses incurred on behalf of consultant, which is in scope of consultant.
c. Other deduction (if any, as applicable)
All payments shall be made on submission of pre-receipted Bills to Barmer Lignite
Mining Company Limited (BLMCL) by the Consultant in Duplicate after completion
activities above.
15. TAXES
a. The Consultant shall be liable and responsible for payment of all Income Tax
and all other taxes (except Service Tax), which may be levied on the
fees/payments received from the Owner under the terms of this contract and
shall keep the Owner harmless against any claim/liabilities and outgoing in this
behalf. The Service Tax, as per applicable government notification, shall be to
Owner’s account.
b. All the statutory deduction i.e. TDS, WCT etc. as per applicable Law will be
deducted at source.
c. Service tax on submission of service tax invoice along-with service tax
registration certificate and certificate from Chartered Accountant certifying the
discharge of liability of Service Tax.
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Consultant shall be solely liable and responsible to bear and pay any and all taxes,
duties, Govt. levies, other applicable fees or any other charge etc. as applicable in
relation to any work undertaken by Consultant, connected with or related to the Work.
The Consultant shall submit required certificate from Chartered Accountant certifying
the discharge of liability towards Service Tax.
16. LIQUIDATED DAMAGES
Time is essence of the contract. If the successful bidder fails to complete the work to the
entire satisfaction of BLMCL within the Time of completion or any extension thereof due
to reasons attributable to him, the Liquidated Damages shall be levied, not by way of
penalty, but by making deduction from the contractor’s account or by encashment of
contractors Bank Guarantees. The rate of LD shall be 0.5 % per week to a maximum of
10 % of contract price.
17. DEPLOYMENT OF PERSONNEL BY THE CONSULTANT
The Consultant shall deploy a team of well-qualified and experienced engineering
personnel and draftsmen working full time on this Project till completion for tender
engineering services. The details of qualifications and experience of personnel
proposed to be deployed for the Scope of Work shall be submitted to the Owner for his
approval. In case the Owner requests for change in some team members due to
inadequate experience, Consultant shall be obliged to honor such requests. The
manpower deployed for this task shall be guaranteed by the Consultant discipline wise
(Process, Mechanical, Electrical, Control & Instrumentation, and Civil) and category
wise (for engineers and draftsmen) required for completion of services included under
the scope of the Specification. The Consultant shall demonstrate to the satisfaction of
the Owner the adequacy and qualification of the staff he intends to employ in regard to
the category and number, to meet the Schedule. The Consultant shall engage a senior
level executive to act as full time overall co-coordinator as a focal point for all inter
actions with Owner throughout the period of consultancy assignment. In case the
Consultant intends to change any of the personnel due to reasons beyond the control of
the Consultant, he shall seek prior written permission of the Owner.
18. RESPONSIBILITY OF CONSULTANT
a.
It is not the intent or purpose of this specification to give details of every single
task which the Consultant will be required to perform for satisfactory completion of
work in his scope. The requirements specify only the scope and major items of
work and the Consultant shall be required to render detailed engineering services
which are necessary for satisfactory completion of all the areas of work assigned
to him in totality.
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TENDER FOR
The Consultant shall be fully responsible for the collection of all data to enable him
to engineer the project.
c. The Owner reserves the right to review the work performed by the Consultant, ask
for any clarifications and changes/modifications to the work performed by the
Consultant. Such changes shall be mutually discussed and agreed between the
Owner and Consultant and the same shall be incorporated by the Consultant in his
work without any cost liability to the Owner and without any dilution of the
responsibility of the Consultant.
d. The Consultant shall prepare and furnish along with his offer, a complete list of
drawings, documents, data sheets reports, schedules, design calculations etc.
under the Project for review and approval of Owner/Consultant. This list shall be
treated as only indicative, but the Consultant shall be responsible for review and
approval of drawings, studies, etc. as required, irrespective of whether or not
these are listed in the above documents.
e. It would be the responsibility of the Consultant to collect all data/ information
required for satisfactory delivery of the mandate. BLMCL shall extend full support
including written request to respective entities for facilitating collection of the
information. Reports, Drawings and information available with the Owner will be
shared with the Consultant.
b.
19. OBLIGATIONS OF CONSULTANT
a.
All plans, design calculations, studies, data, maps, drawings and
specifications prepared by the Consultant in connection with the services to be
provided by the Consultant under the Contract shall be the property of the
Owner. As and when required or upon termination of the Contract, the
aforesaid documents, prepared specifically for this project (including originals)
shall be handed over to the Owner.
b.
The Consultant shall take all necessary steps to ensure confidential handling
of all matters pertaining to plans, designs, drawings, specifications, method
and any other information developed or acquired by him from the Owner under
terms of the Contract or performance thereof.
c.
The Consultant shall not prepare article or photographs for publication or
speeches about the work and / or plant contracts and installation in which the
Owner has interest without prior written consent of Owner.
d.
The consultant shall ensure all the drawings and documents comply with
applicable standards and safety norms.
20. STATUTORY REQUIREMENTS
While reviewing the systems, the Consultant must ensure the satisfactory regulations
such as provision of CEA, CERC, CWC, Indian Electricity Act & Rules and other
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relevant state and national agencies etc. are met.
21. DETAILS
PERSONNEL
OF
QUALIFICATION/
BIO
DATA/
NUMBER
OF
COMPETENT
The Consultants in their bid should furnish the details of Qualification, bio-data, &
number of competent personnel in their organization who would be responsible and
earmarked for the implementation of this consultancy work in the prescribed Annexure4.
22. METHODOLOGY & APPROACH
Bidder should furnish detailed write up on 'Methodology & Approach' proposed for
carrying out the owners engineer’s service for the project as per Annexure-3.
23. USE OF COMPUTERIZATION AND SOFTWARE
It is envisaged by the Owner that extensive use of computerization and software shall
be made by the Consultant to facilitate the designing, layouts, evaluations etc. the
Bidder should specifically indicate the details of software he shall be using for Design,
Layout, Engineering etc.
24. CONSULTANTS TO CARRY OUT WORKS IN ACCORDANCE WITH THE MODERN
ENGG. PRACTICES
a.
All works covered in this consultancy services shall be carried out in accordance
with modern engineering practices and only engineers experienced in this field
shall be deployed for this work.
b.
The work should conform to various Indian and International Standards. The
details of design calculations for deciding the operating parameters of the project
and equipments selected shall be in accordance to the relevant standards.
25. OPTIMIZATION OF THE PROCESS/PROJECT
The Consultant while preparing the DPR and tender is expected to propose most
optimum and cost efficient process for the WTP.
26. DRAWINGS, DOCUMENTS & REPORTS
The Consultant will be required to submit at least five sets of each study reports,
drawings, technical documents etc. when it is final submission and when the same is in
preliminary submission, it should be minimum in four sets. All correspondences should
be made in duplicate when the technical specifications, bid documents and drawings
are finalized. 10 copies of this final bid documents (along with a soft copy) shall be
made available for sale along with the commercial terms and conditions to be approved
by the Owner while advertising the Bid for contactors selection.
27. PROGRESS REPORT
On 1st and 15th of every month, the progress on the project would be reviewed through
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tele/video conferencing among the Technical consultant / BLMCL.
The Consultant shall submit fortnightly and Monthly Progress Reports on the status of
work entrusted to them bringing out the details of works completed, works in hand,
bottlenecks if any, and efforts made to improve upon the time schedule. Periodicity of
the report may be increased subsequently, as per the requirement.
28. SETTLEMENT OF DISPUTES
a. In the event of a dispute the parties shall endeavour to resolve such dispute in
good faith in the first instance within 30 days of the notice of such a dispute.
b. Arbitration:
In case of any dispute or difference between the Parties arising out of or pertaining
to this contract shall be resolved by Arbitration by a sole Arbitrator, to be appointed
by the MD, BLMCL. The contractor expressly waives its right to question the
appointment of the sole arbitrator on the ground that the Appointing Authority is the
MD, BLMCL. The Arbitration shall be conducted in accordance with the provisions
of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Jaipur
29. SUSPENSION OF CONTRACT
The client may, by written notice of suspension to the Consultant, suspend all payments
to the Consultant, hereunder, if the Consultant fail to perform any of his obligations
under this Contract, including carrying out of the Services, provided that such notice of
suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant
to remedy such failures within a period not exceeding thirty (30) days after receipt by
the Consultants of such notice of suspension
30. TERMINATION OF CONTRACT
The Owner may, not less than thirty (30) days give written notice of termination to the
Consultants, such notice to be given after the occurrence of any of the events specified
in paragraphs (a) through (e) of this Clause terminate this Contract.
(a)
If the Consultant fails to remedy a failure in the performance of his obligations
hereunder, as specified in a notice of suspension pursuant to Clause herein
above, within thirty (30) days of receipt of such notice of suspension or within
such further period as the Owner may have subsequently approved in writing.
(b)
If the Consultant becomes insolvent or bankrupt or enter into any agreement with
his creditors for relief of debt or take advantage of any law for the benefit of
debtors or go in to liquidation or receivership whether compulsory or voluntary.
(c)
If the Consultant submits to the Owner a statement which has a material effect
on the rights, obligations or interests of the Owner and which the Consultant
know to be false.
(d)
If as the result of Force Majeure, the Consultant is unable to perform the
Services for a period of not less than sixty (60) days, or
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(e)
If the Owner, in its own discretion and for any reason whatsoever, decides to
terminate this Contract.
BLMCL’s responsibility:
(a)
(b)
(c)
(d)
(e)
(f)
Furnish copy of the site plan, showing the proposed project site, geo-technical
investigation, metrological data and water test report
Provide data, documents, drawings as required by the consultant for performance
of their duties.
Obtain all necessary government and statutory clearances for the proposed Water
Treatment Plant
Arrange for meetings with suppliers/vendors by giving adequate notices for
participation in the meetings.
Accommodation will be provided free of cost by BLMCL in Guest House only, other
accommodation to be borne by the consultant.
Local transport to the consultant.
Any other activity which is not mentioned in BLMCL scope will be in the scope of the
consultant.
31. DELIVERABLE FROM CONSULTANT
a.
b.
c.
d.
e.
f.
g.
h.
i.
The draft project report in hard and soft copy.
The final project report in hard and soft copy.
Submission of tender documents for verification in hard and soft copy.
Submission of technical and financial evaluation of all bidders.
The draft work order to be awarded in hard and soft copy.
Evaluation and Supervision over the successful/actual execution of project.
Review of all drawing & documents submitted by EPC contractor.
Project Monitoring, inspection and expediting services
Preparation of MIS report
32. OTHER TERMS AND CONDITIONS
a. The safety, security, insurance and any other commitments towards the personnel
and equipment deployed or towards any third party shall be your responsibility.
b. All the consumables to be procured by you.
c. Transportation and loading unloading of equipment and material will be included in
the total contract value, if any required and no additional claim in this regard would
be entertained by BLMCL.
d. The work shall be executed under supervision and direction of BLMCL.
e. You shall comply with all conditions of Minimum Wages Act, Workmen
Compensation Act and any other statutory provision applicable at the time of
execution of contract.
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f.
In case of any dispute or difference between the Parties arising out of or pertaining
to this contract shall be resolved by Arbitration by a sole Arbitrator, to be appointed
by the MD, BLMCL. The contractor expressly waives its right to question the
appointment of the sole arbitrator on the ground that the Appointing Authority is the
MD, BLMCL. The Arbitration shall be conducted in accordance with the provisions
of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Jaipur
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Schedule – 1
TIME SCHEDULE FOR THE ACTIVITIES
Following are the proposed time schedule
The work for stage-1 and 2 will commence simultaneously.
 Draft DPR within 21 days from the date of issue of LOI.
 Submission of Final DPR within 7 days from the date of receipt of
suggestions/comments on the draft DPR
 Preparation of tender documents within 15 days from the date of submission to
Draft DPR Report.
 Submission of Final Tender documents within 7 days from the date of receipt of
suggestions/comments on the draft tender documents.
 Submission of the draft bid evaluation report 7 days after the last date of submission
of the bids
 Submission of the final bid evaluation report 7 days after the date of receipt of
comments from the owner.
 Submission of draft work order after 7 days of Final Bid evaluation
 Submission of final work order after 7 days of receipt of comments from owner
Note:
1. Owner wishes to award of work order within 2 months of finalisation of tender
documents.
2. Completion of execution of WT Plant work as per awarded work order period.
However
It is presumed that the WT Plant commissioning will take approx. 12-15 months’ time from
the date of placing the work order to the successful bidder. The contract period will
coincide with the period of commissioning of the WT Plant subject to all terms and
conditions fulfilled like performance guarantee, performance parameters, stabilization of
plant etc.
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Schedule–2
Schedule of prices
Barmer Lignite Mining Company Limited - Barmer
Price Bid for Engineering Consultancy Services for 15 MLD Water Treatment Plant
Sr
No
1
2
3
Description
UOM
Stage1: Pre-order engineering
a. Preparation of Detailed Project Report and
recommendation of best suited process considering
lowest total cost of ownership for the life cycle of the
project.
b. Estimation of project cost, O&M cost and time
Lumpsum
schedule for the project.
c. Preparation of conceptual scheme, technological
parameters, system design, sizing & selection of
equipment and associated facilities.
d. Preparation of proposed plant conceptual flow sheet
and basic engineering drawing.
Stage2: Assistance for Ordering
a. Preparation of bid document including scope of work
and technical specification for the bid.
b. Scrutiny and evaluation of the technical offer of
bidders, discussion with the bidders as required,
obtaining
clarifications
and
submitting
Lumpsum
recommendations for finalization & placement of
orders.
c. Scrutiny of the contract document submitted by
successful WTP bidder, discussion with the Owner in
order to firm up performance parameters, scope of
work and other interfacing requirements.
Final Evaluation of work after erection
*Note - Detailed scope is attached in Annexure
Lumpsum
QTY
Amount
1
15% of total
price
1
15% of total
price
1
70% of total
price
Total
Taxes applicable
Withholding Tax
Service Tax @ 12.36 %
Total ( Including Taxes)
TERMS AND CONDITIONS
Completion
1
12 Months
period
Quoted prices should remain firm till
the completion of contract and not
2
Price Basis
subject to any escalation/ variation
whatsoever in nature etc.
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TENDER FOR
The terms of payment under this
contract shall be as below:
Stage-1
1. 30% on submission of draft DPR
2. 70% on submission of final DPR
after incorporating owners comment
Stage-2
1. 30% on submission of the final
tender document with all the
drawings and the Annexure.
2. 70% on submission of the final work
order
Stage-3 For Review works
100% on successful completion of
awarded
work
and
PG
test
Bidder will offer price for each stage.
Mode of payment:
3
Payment
Terms
A retention amount of 10% will be
deducted from each bill. It will be
released at the end of contract on
successful completion of all activities in
all respect. Alternatively, the contractor
shall submit Bank Guarantee for
similar amount having its validity of the
entire period of the contract + 3
months.
Running bills to the extent of 90% shall
be payable within 30 days from the
date of receipt of the bills after
deducting:
a. Income Tax as per the provision of
Income Tax Act.
b. Any expenses incurred on behalf of
consultant, which is in scope of
consultant.
c. Other deduction (if any, as
applicable)
4
Performance
Guarantee
All payments shall be made on
submission of pre-receipted Bills to
Barmer Lignite Mining Company
Limited (BLMCL) by the Consultant in
Duplicate after completion activities
above.
The performance guarantee for a value
of 10% of the contract price shall be
submitted by the consultant within 3
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TENDER FOR
weeks of award of contract valid till
contract period + 3 Months.
The Consultant shall be liable and
responsible for payment of all Income
Tax and all other taxes (except Service
Tax), which may be levied on the
fees/payments received from the
Owner under the terms of this contract
and shall keep the Owner harmless
against
any
claim/liabilities
and
outgoing in this behalf. The Service
Tax, as per applicable government
notification, shall be to Owner’s
account.
5
Taxes
6
Contract
Effectiveness
7
Limit of liability 100% of the Contract price
LOI date
8
Insurance
The Consultant, at its own cost, shall
arrange, secure & maintain insurance
as may be necessary for all such
amounts to protect its interests. The
insurance coverage shall be adequate
to cover all contingencies.
9
Price Validity
12 Months for repeat order
10
Offer Validity
120 days
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Annexure–1
GENERAL FINANCIAL & COMMERCIAL PARTICULARS OF BIDDER
1.0
1.1
1.2
1.3
1.4
1.5
1.6
2.0
3.0
4.0
4.1
4.2
4.3
4.4
4.5
5.0
5.1
Name & communication details
Full legal name of candidate firm
Registered Office address
Telephone / Mobile
E-Mail
Tele fax
Person to be contacted
Nature/Status of Candidate firm (whether sole Proprietary/
Partnership/Private Limited / Public Limited/Public Sector)
Do you anticipate any change in the Proprietorship during
proposed period of work
If yes, define scope and effect: thereof.
Financial Details
Enclosed 6 copies each of
(a)Balance Sheets and Profit & Loss Accounts for past 3
years
(b)Income tax clearance certificate.
Share capital at the time of formation
a) Authorized
b) Paid-up
Share Capital at present
a) Authorized
b) Paid-up
Indicate projected turnover for the current year & next year
Name & address of Bankers
Give adequately detailed write-up on
Design and Engineering organization and facilities /
capabilities
Seal of the Company
No/Yes
Signature
------------------
Name
------------------
Designation
------------------
Date
------------------
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TENDER FOR
Annexure–2
INFORMATION IN RESPECT OF BIDDER EXPERIENCE
1.
Brief Description of the firm:
2.
Outline of recent experience on assignments of similar nature:
Sr. Name
No. of
project
1
2
Capacity Scope of
of Unit consultancy
3
Order
details
Commissioning
and amount
4
5
6
Unit in Date
Experience
of
Service certificate
for
attached
minimum (Yes/No)
last two
year (
Yes/No)
7
8
NOTE: Please attach certificates from the utility by way of documentary proof.
1.
2.
Regarding Col.4, please attach the details of works included under each assignment.
Regarding Col. 8, documentary evidence from the client, for satisfactory completion shall be
enclosed.
Seal of the Company
Signature
Name
Designation
Date
---------------------------------------------------------------------
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TENDER FOR
Annexure–3
A. WORK PLAN TIME SCHEDULE (PERT Chart)
S.
No.
Item
Week wise Program
1st
2nd
3rd
4th
5th
6th
……
B. A detailed note on the line of approach and methodology outlining various steps for
performing the services
(Please attach detailed document along with the proposal)
Seal of the Company
Signature
Name
Designation
Date
---------------------------------------------------------------------
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TENDER FOR
Annexure–4
SUGGESTED FORMAT OF CURRICULUM VITAE FOR MEMBERS OF CONSULTANT’S
TEAM
1.
Name :
2.
Profession:
3.
Present Designation:
4.
Years with Firm : ___________ Nationality ______________
5.
Areas of Specification
6.
Proposed Position on Team:
7.
Key Qualification :
(Under this heading, give outline of staff member's experience and training most
pertinent to assigned work on proposed team. Describe degree of responsibility held by
staff member on relevant previous assignments and give dates and locations. Use up to
half- a - page)
8.
Education :
(Under this heading, summarize college / university and other specialized education of
staff member, giving names of Institutes / colleges etc. dates attended and degrees
obtained. Use up to a quarter page)
9.
Experience:
(Under this heading, list all positions held by staff member since graduation, giving dates,
names of employing organization, title positions held and location of assignments. For
experience in last ten years also give types of activities performed and client reference,
where appropriate. Use up to three quarters of a page)
10.
Languages :
(Indicate proficiency in speaking, reading and writing of each language by 'excellent’
‘good’ or ‘poor’)
Signature of Staff Member:
Signature of the Bidder: _____________________
Seal of the Company
Designation: ______________
Date: __________________
Name: ___________________
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Annexure–5
PROFORMA FOR BANK GUARANTEE FOR BID SECURITY (EARNEST MONEY)
(To be stamped in accordance with Stamp Act)
REF. NO_____
BANK GUARANTEE NO.______
DATED_______
To,
Man Upasana Plaza
Dear Sirs,
1. Whereas Barmer Lignite Mining Company Limited, incorporated under the Companies
Act 1956 having its registered office at Khanij Bhawan, Udyog Bhawan Campus, C–
Scheme, Jaipur–302 005 (hereinafter called "BLMCL" which expression shall unless
repugnant to the context or meaning thereof include all its successors, administrators,
executors and permitted assigns) has floated a Tender No ____ and M/s ____ having
Head/Registered Office at _____(hereinafter called the "Bidder" which expression shall
unless repugnant to the context or meaning thereof mean and include all its
successors, administrators and executors and permitted assigns) have submitted a
Tender reference No.______ and Bidder having agreed to furnish as a condition
precedent for participation in the said tender an unconditional and irrevocable Bank
Guarantee of Indian Rs.______ (in figures) (Indian Rupees_____(in words) (“Bank
Guarantee Amount”) for the due performance of Bidder's obligations as contained in
the terms of the Notice Inviting Tender (NIT) and other terms and conditions contained
in the Bidding Documents supplied by BLMCL.
2. We______ (Name of the Bank) registered under the laws of India having
head/registered office at________ (hereinafter referred to as "The Bank" which
expression shall, unless repugnant to the context meaning thereof, include all its
successors, administrators, executors and permitted assigns) guarantee and undertake
to pay immediately on receipt of first demand by BLMCL, up to the maximum
aggregate amount of Indian Rs.______(in figures) (Indian Rupees_____) (in words) at
any time without any demur, reservation, contest, and recourse or protest, and without
BLMCL having to substantiate the demand, pay BLMCL forthwith and in full without any
deductions or set-offs or counterclaim whatsoever the sum as claimed by BLMCL in
such Demand, or such lesser sum which in aggregate with all sums previously paid
hereunder shall not exceed an amount equivalent to the Bank Guarantee Amount. Any
such demand made by BLMCL shall be conclusive and binding on the Bank
irrespective of any dispute or difference raised by the Bidder.
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TENDER FOR
3. BLMCL may make an unlimited number of Demands under this Bank Guarantee
provided that the aggregate of all sums paid under paragraph 1 shall not exceed the
Bank Guarantee Amount.
Bank shall not be in any way be released or discharged from any liability hereunder by the
insolvency winding up, reorganisation, amalgamation or liquidation of the Bidder (including
any appointment of a receiver, administrator, administrative receiver or supervisor of the
Bidder or any of its assets) nor any dispute or disagreement whatsoever between BLMCL
and the Bidder or any other person, or any liquidator or any other person and the
obligations of Bank hereunder shall be continuing and shall remain in full force and effect.
Bank shall indemnify BLMCL immediately on demand against any cost, loss or liability
suffered by BLMCL as a result of the obligation to pay in accordance with Bank Guarantee
being or becoming unenforceable, invalid or contrary to the laws of India (except in the
case of a fraudulent demand).
Any demand, notice or other communication given in connection with or required by this
Bank Guarantee shall be made in writing (entirely in the English language) and subject to
paragraph ______ shall be delivered by hand to, or sent by pre-paid registered post, or
facsimile transmission to:
BLMCL at:
[Bank ] at:
[address and fax no.] marked for the attention of the [ ];
or such other address as may be notified in writing from time to time.
Any such demand, notice or communication shall be deemed to have been duly served:
(a) if delivered by hand, when left at the property address for service after affixation of
acknowledgement receipt,
(b) if given or made by pre-paid registered post or facsimile transmission, when received,
provided in each case that if the time of such deemed service is either after 5.00 p.m. on a
business day (being a day other than a Sunday or a public holiday on which banks are
open for domestic business in the city of Jaipur) or other than on a business day service
shall be deemed to occur instead at 9.00 a.m. on the next following business day.
The Bank confirms that this Guarantee has been issued with observance of appropriate
laws of the country of issue.
4. The Bank Guarantee shall be unconditional and irrevocable and governed and
construed in accordance with Indian Laws and subject to the exclusive jurisdiction
Courts in Jaipur, Rajasthan for deciding any dispute/Arbitration.
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5. This Guarantee shall be unconditional and irrevocable and shall remain in force up to
_________ which includes three months after the period of bid validity and any
demand in respect thereof should reach the Bank not later than the aforesaid date.
6. Notwithstanding anything contained herein above, our liability under this Guarantee is
limited to Indian Rs. -------- in figures) (Indian Rupees -------) (in words) and our
guarantee shall remain in force until ------------ (indicate the date of expiry of bank
guarantee) (“Expiry Date”).
Any claim under this Guarantee must be received by us before the Expiry Date of this
Bank Guarantee. If no such claim has been received by us by the Expiry Date, the rights of
BLMCL under this Guarantee will cease. However, if such a claim has been received by
Bank by the Expiry Date, all the rights of BLMCL under this Guarantee shall be valid and
shall not cease until we have satisfied such claim.
In witness whereon, the Bank through its authorized officer has set its hand and stamp on
this........ day of ........ at .........
(SIGNATURE)
Full name, designation and official address
(in legible letters) with Bank Stamp
Attorney as per power of Attorney No ....... Date ...........
WITNESS N0.1
(SIGNATURE)
Full name and official address (in legible letters)
WITNESS NO.2
(SIGNATURE)
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Annexure–6
PROFORMA FOR
PERFORMANCE SECURITY FOR THE PERFORMANCE OF THE CONTRACT
(On appropriate Stamp Paper)
REF NO. ________ BANK GUARANTEE NO. _____________
DATED __________
To,
Man Upasana Plaza
Dear Sirs,
1. In consideration of Barmer Lignite Mining BLMCL Limited incorporated under the
Companies Act 1956 having its registered office at Khanij Bhawan, Udyog
Bhawan Campus, C–Scheme, Jaipur, Rajasthan (hereinafter referred to as
BLMCL" which expression shall unless repugnant to the context or meaning thereof
includes all its successors, administrators, executors and assigns) having entered
into a Contract No……….. dated…. (hereinafter called "The Contract" which
expression shall include all the amendments thereto) with M/s ---having its
registered/head office at -----(hereinafter referred to as “Successful Bidder”) which
expression shall, unless repugnant to the context or meaning thereof include all its
successors, administrators, executors and assigns) Pursuant to the Contract
Successful Bidder is required to procure Performance Bank Guarantee in favour of
BLMCL guaranteeing due performance of the obligations of the Successful Bidder
under the Contract.
The value of the Performance Bank Guarantee shall be from the date hereof an
amount equivalent to Rs………………………….. only (“Performance Guarantee
Amount”) from the date hereof until the expiry date.
2. We -------(name of the Bank) registered under the laws of ------------ (name of the
country) having head/registered office at ------- (hereinafter referred to as "The
Bank") which expression shall, unless repugnant to the context or meaning thereof
include all its successors, administrators, executors and permitted assigns) do
hereby guarantee and undertake to pay immediately on first demand in writing and
any/all moneys to the extent of Indian Rs.10.00 Million (Rupees Ten Million) only
(Contract Performance Guarantee Amount) without any demur, reservation, contest
or protest and/or without any reference to the Successful Bidder. Any such demand
made by BLMCL on the Bank by serving a written notice shall be conclusive and
binding, without any proof, on the bank as regards the amount due and payable,
notwithstanding any dispute(s) pending before any Court, Tribunal, Arbitrator or any
other authority and/or any other matter or things whatsoever, as liability under these
presents being absolute and unequivocal. We agree that the guarantee herein
Page | 36
TENDER FOR
contained shall be irrevocable. This guarantee shall not be determined, discharged
or affected by the liquidation, winding up, dissolution or insolvency of the Successful
Bidder and shall remain valid, binding and operative against the Bank.
Any demand, notice or other communication given in connection with or required by
this Bank Guarantee shall be made in writing (entirely in the English language) and
subject to paragraph ___ shall be delivered by hand to, or sent by pre-paid
registered post, or facsimile transmission to:
BLMCL at:
[Bank ] at:
[address and fax no.] marked for the attention of the [ ];
or such other address as may be notified in writing from time to time.
Any such demand, notice or communication shall be deemed to have been duly
served:
(a)
if delivered by hand, when left at the property address for service after
affixation of acknowledgement receipt,
(b)
if given or made by pre-paid registered post or facsimile transmission, when
received, provided in each case that if the time of such deemed service is
either after 5.00 p.m. on a business day (being a day other than a Sunday or
a public holiday on which banks are open for domestic business in the city of
Jaipur) or other than on a business day service shall be deemed to occur
instead at 9.00 a.m. on the next following business day.
BLMCL shall have the unqualified option to operate this Contract Performance Bank
Guarantee to recover Liquidated Damages as leviable under the Contract. In such case
the Bank Guarantee amount shall be increased to the original amount by Successful
Bidder or Successful Bidder may alternatively submit fresh Bank Guarantee for an amount
equivalent amount of Liquidated Damages recovered by BLMCL, with in one month of
recovery of such Liquidated damages.
3. The Bank also agrees that BLMCL at its option shall be entitled to enforce this
Performance Bank Guarantee against the Bank as a principal debtor, in the first
instance, without proceeding against the Successful Bidder and notwithstanding
any security or other guarantee that BLMCL may have in relation to the Successful
Bidder's liabilities.
Bank shall not be in any way be released or discharged from any liability hereunder
by the insolvency winding up, reorganisation, amalgamation or liquidation of the
Successful Bidder (including any appointment of a receiver, administrator,
administrative receiver or supervisor of the Successful Bidder or any of its assets)
nor any dispute or disagreement whatsoever between BLMCL and the Successful
Bidder or any other person, or any liquidator or any other person and the obligations
of Bank hereunder shall be continuing and shall remain in full force and effect. Bank
Page | 37
TENDER FOR
shall indemnify BLMCL immediately on demand against any cost, loss or liability
suffered by BLMCL as a result of the obligation to pay in accordance with
Performance Bank Guarantee being or becoming unenforceable, invalid or contrary
to the laws of India (except in the case of a fraudulent demand).
4. The Bank further agrees that BLMCL shall have the fullest liberty without our
consent and without affecting in any manner our obligations hereunder to vary any
of the terms and conditions of the said Contract or to extend time of performance by
the said Successful Bidder(s) from time to time or to postpone for any time or from
time to time exercise of any of the rights vested in BLMCL against the said
Successful Bidder(s) and to forebear or enforce any of the terms and conditions
relating to the Contract and we shall not be relieved from our liability by reason of
any such variation, or extension being granted to the said Successful Bidder(s) or
for any forbearance, act or omission on the part of BLMCL or any indulgence by
BLMCL to the said Successful Bidder(s) or any such matter or thing whatsoever
which under the law relating to sureties would, but for this provision, have effect of
so relieving us.
5. The Bank further agrees that the Contract Performance Bank Guarantee herein
contained shall remain in full force during the period that is taken for the
performance of the Contract and all dues of BLMCL under or by virtue of this
Contract have been fully paid and its claim satisfied or discharged or till BLMCL
discharges this guarantee in writing, whichever is earlier or until the date of expiry of
the claim period specified in para 9 of this Contract Performance Bank Guarantee,
whichever shall first occur.
6. This Contract Performance bank Guarantee shall not be discharged by any change
in our constitution, in the constitution of BLMCL or that of the Successful Bidder.
7. The Bank confirms that this Contract Performance Bank Guarantee has been
issued with observance of appropriate laws of the Indian Territory.
8. The Contract Performance bank Guarantee shall be unconditional and irrevocable
and governed and construed in accordance with Indian Laws and subject to the
exclusive jurisdiction Courts in Jaipur, Rajasthan for the purposes of settling any
disputes or differences which may arise out of or in connection with this
Performance Bank Guarantee, and for the purposes of enforcement under this
Bank Guarantee.
9. Notwithstanding anything contained herein above, our liability under this Contract
Performance bank Guarantee is limited to Contract Performance Guarantee
Amount and the Contract Performance Bank Guarantee shall remain in force until
(indicate the date of expiry of bank guarantee).
Any claim under this Contract Performance bank Guarantee must be received by the Bank
before the expiry of this Contract Performance Bank Guarantee. If no such claim has been
received by us by the said date, the rights of BLMCL under this Contract Performance
Bank Guarantee will cease. However, if such a claim has been received by us within the
said date, all the rights of BLMCL under this Contract Performance Bank Guarantee shall
Page | 38
TENDER FOR
be valid and shall not cease until we have satisfied that claim.
In witness whereon, the Bank through its authorized officer has set its hand and stamp on
this---------- day of --------- at-------(SIGNATURE)
Full name, designation and official address (in legible letters)
with Bank Stamp.
Attorney as per power of Attorney No....... Date...........
WITNESS N0.1
(SIGNATURE)
WITNESS NO.2
(SIGNATURE)
Page | 39

Appointment of Consultant - WTP

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