pre- bid tie up tender document · 5 performance guarantee amount as applicable in accordance to...

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Issued By: Atul Kumar Jain GGM(Civil-BD)

Telecommunications Consultants India Limited TCIL Bhawan

Greater Kailash-1 New Delhi-110048

Email: [email protected]

Visit us at http://www.tcil-india.com

Telecommunications Consultants India Ltd.

(A Govt. of India Enterprise)

TCIL Website – http://www.tcil-india.com

Pre- Bid Tie up Tender Document For

Construction Road from Lameri to Karanprayagon EPC basis in Uttarakhand

Notice No. TCIL/Civil/BD/2017-18/Pre-Bid/03 Date of publication: 16.02.2018

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TABLE OF CONTENTS

Technical Bid

SECTION TITLE

1.

Notice Inviting Tender

2. Memorandum of Understanding (MOU)

3. Scope of Work

4

Annexures Annexure-1: Details of the Applicant. Annexure-2: Financial Information Annexure-3: Details of Similar Works completed. Annexure-4: Projects / Works under Execution. Annexure-5: Details of Plant and Machinery Available. Annexure-6: Details of Man Power Available. Annexure-7: Affidavit. Annexure-8: Format of EMD. Annexure-9: Format of Performance Bank Guarantee (PBG). Annexure-10: Form of Integrity Pact.

5

Bid Document -NIT RFP -DCA -Schedules -GAD

6 Financial Bid

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TECHNICAL BID

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Forwarding Letter (On Letter Head of the Bidder)

Ref. No. Dated:

To, GGM(Civil-BD) Telecommunications Consultants India Limited TCIL Bhawan, Greater Kailash-1, New Delhi-110048 Subject: Construction Road from Lameri to Karanprayag on EPC basis in Uttarakhand

Reference: Your office NIT No. TCIL/Civil/BD/2017-18/Pre-Bid/03 dated 16.02.2018 Dear Sir,

1. Having carefully examined all the parts of the tender documents and the addenda (if any) for the execution of the above mentioned works, having obtained all requisite information affecting this tender, having visited the site and being aware of all conditions and difficulties likely to affect the execution of the contract, we the undersigned, hereby offer to execute the job as described in the Tender Documents and to hand over the whole of the said works in conformity with the drawings, conditions of contract, technical conditions, bills of quantities as shown in our offer, for the sum indicated in the financial offer and such other sum as may be ascertained in accordance with the contract.

2. We declare that we have read and understood and that we accept all clauses, conditions, descriptions, drawings of the tender documents Technical part, Financial Part, drawings, work description, Technical specifications and subsequent corrigendum/ addenda (if any) without any change, reservations and conditions. If any change, reservation or condition has been made in our tender we herewith withdraw it.

3. We declare that we guarantee for the correct Design, Manufacture, Supply, Installation, and Testing & Commissioning of all the parts of works as desired in the tender documents and will execute the works a s per design, drawings and specifications.

4. We undertake, if our tender is accepted, to commence the works within 07 days of the work order and to complete the work in the stipulated time for completion.

5. Unless and until the formal agreement is prepared and signed, this tender, together with your written acceptance thereof shall constitute a binding contract between us.

6. We agree to abide by this tender and all terms and conditions of the technical bid and it shall remain binding upon us.

7. Together with the tender we submit the earnest money of Rs…………....................

Dated this …........................................day ….................................2018.….................................in the capacity of duly authorized to sign the tender for and on behalf of ….................................

Name………………………………Address……………………………Telephone……………………Fax………………………………E-mail……………………………………..

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SECTION-1

Telecommunications Consultants India Ltd. (A Govt. of India Enterprise)

Notice inviting tender (Pre-bid)

Notice No. TCIL/Civil/BD/2017-18/Pre-Bid/03 Date of Publication: 16.02.2018 Last date of Submission: 21.02.2018

Subject: Pre-bid tie up for “Construction Road from Lameri to Karanprayag on EPC basis in Uttarakhand”.

The expression of interest is invited for ‘Construction Road from Lameri to Karanprayag on EPC basis in Uttarakhand’ from eligible contractor experienced in Civil infrastructure projects in India and abroad and having proper manpower, establishment/equipments and resources etc and interested in working in association with TCIL exclusively as a back end partner agency, latest by 15.00 P.M. of 21.02.2018 at the following address which shall be opened on the same day at 16.00 P.M. Any corrigendum /addendum shall be only issued to TCIL website www.tcil-india.com and shall form the part of the bid Document. It is to mention here that TCIL intends to submit tender to client against the call of Tender for Construction Road from Lameri to Karanprayag on EPC basis in Uttarakhand. The selection of Contractor under this NIT is for providing necessary equipments/materials and the required services and to perform all operations, duties and obligations (in parts or whole as the case may be) as a sub agency or as a sub agency as consortium partner of TCIL for the said work at all stages of bidding & execution, as applicable for successful completion of the said project. All cost towards preparation and submission of details about required work during bidding process shall be borne by agency only. It is to inform you that this tender will be covered under the integrity pact programme of TCIL and any vendor who has signed the integrity pact with TCIL can send his grievances if any to the IEMs through the nodal officer in the prescribed Performa. The further details are available on TCIL web site or can be obtained from undersigned after submitting a Demand draft /banker’s cheque of Rs. 20,000/- only in favour of ‘Telecommunications Consultants India Limited’ payable at New Delhi during office hours on any working day. For any clarification, Please contact the undersigned. (Atul. Kumar Jain) Group General Manager (Civil-BD) Telecommunications Consultants India Limited 5th Floor, TCIL Bhawan, Greater Kailash-1, New Delhi-110048 Phone: 011-26242464/26202511; E-mail: [email protected]

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SECTION-1

Tender No.: TCIL/Civil/BD/2017-18/Pre-Bid/03 Dated: 16.02.2018

NOTICE INVITING TENDER (PRE-BID)

Telecommunications Consultants India Ltd. invites sealed tenders in Two bids (Technical bid & Financial bid) from eligible bidders for ‘Construction Road from Lameri to Karanprayag on EPC basis in Uttarakhand”

1 Name of the work ‘Construction Road from Lameri to Karanprayag on EPC basis in Uttarakhand’

2 Estimated value of work Approx. Rs.183.80 Cr only

3 Cost of tender document

Rs 20,000/- (Rs. Twenty thousand only) payable in the form of D.D./banker’s cheque in favour of ‘Telecommunications Consultants India Limited’ payable at New Delhi.

4 Earnest Money Deposit

Rs 1.83 Cr (Rs. O n e Crore and Eighty Three Lacs only) payable in the form of D.D./banker’s cheque or Bank guarantee in prescribed format in favour of ‘Telecommunications Consultants India Limited’ payable at New Delhi

5 Performance Guarantee Amount

As applicable in accordance to bid document

6 Security Deposit Amount As applicable in accordance to bid document

7 Stipulated period of completion

30 months & 4 years maintenance period

8 Defect liability period As applicable in accordance to bid document

9 Validity of Bid 180 days from the last date of receipt of tender.

10 Date, time and place of submission of tenders

21.02.2018 up to 15:00 hrs. At the office of GGM (Civil-BD), TCIL Bhawan, Greater Kailash-1. New Delhi-110048

11 Date of opening of technical bid of the Tender

21.02.2018 up to 16:00 hrs. At the office of GGM (Civil-BD), TCIL Bhawan, Greater Kailash-1. New Delhi-110048

12 Date of opening of Financial bids of the Tender

To be notified separately to technically qualified parties.

13 Rate of liquidated damage In accordance to client’ tender conditions on back to back basis

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14 Officer to be contacted (Name and Address)

Sh. Atul Kumar Jain GGM (Civil-BD), TCIL, TCIL Bhawan, Greater Kailash-1, New Delhi-110048

15 Integrity Pact

Bidder will require to properly fill and sign the integrity pact in a complete way

Tender should be submitted in two envelopes i.e. Technical Bid in envelop no.1 & Financial/ Commercial bid in Envelop no.2. Tender documents should invariably be submitted before the last date and time for sale close of tender on address mentioned below. 1. Envelope No. 1 (Technical Bid):

Technical offer must be submitted in as per the instructions on the tender document. The tenderer must submit the following documents. (Technical Bid): Technical offer must be submitted along with following documents.

i. Tender Form

ii. Tender Cost and /or EMD (As applicable). iii. Original Consortium agreement. iv. Annual turnover statement for last 3 years 2014-15, 2015-16 & 2016-17 in the format given in

annexure certified by the Chartered Accountant. v. Affidavit on non-judicial stamp paper of 100/- regarding the firm has not been found guilty of

malpractice, misconduct, or blacklisted/debarred by any State Government/Central Government's organizations in the past.

vi. Signed copy of complete bid documents vii. Integrity Pact & Other relevant documents required as per tender terms & conditions.

2. Envelope No. 2 (Financial bid):

1. All Commercial offers must be submitted as per the instructions on the tender documents. 2. Tenderers are strictly prohibited to change/alter specifications or unit size given in Financial bid

while quoting. The bidder shall seal the technical bid, tender fee along with required EMD & financial bid in separate envelopes. All envelopes shall be placed in a cover envelope, duly marking the envelopes accordingly. The inner and outer envelopes shall

(a) Be addressed to the following address:

GGM (Civil-BD), TCIL, TCIL Bhawan, Greater Kailash-1 New Delhi-110048

And

(b) Bear the following identification: Bid for “Construction Road from Lameri to Karanpyarag on EPC basis in Uttarakhand”.

DO NOT OPEN BEFORE 15.00 hrs on 21.02.2018 – At the top of the envelope.

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The inner envelopes shall indicate the name and address of the bidder to enable the Bid to be returned unopened in case either it is declared “late” pursuant to referenced clause or is not accompanied by EMD as specified , or for any other reason.

If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Bid.

Tenders may be sent by Tenderers by courier/ speed post, with the envelope marked as mentioned in above address. Alternatively, tenders may also be deposited by the Tenderers in the tender box placed in the office of GGM (Civil-BD), TCIL, New Delhi,

It is to inform you that this tender will be covered under the integrity pact program of TCIL and any vendor who has signed the integrity pack with TCIL can send his grievances if any to the IEMs through the Nodal Officer in the prescribed performa. The further details are available on TCIL Website or can be obtained from the officer whose name mentioned at Sr. No. 14.

Tender documents shall be available from the office of GGM (Civil-BD), TCIL, New Delhi – 110048 on payment of non-refundable fee of INR 20,000/- (INR Twenty Thousand only) by Demand Draft in favour of “Telecommunications Consultants India Ltd.”, Payable at New Delhi.

Tenderers requesting tender documents through post should include an additional amount of INR 500/-. Mailing of tender will be wholly at the risk of the Tenderers.

Last date of sale of tender documents is 21.02.2018 up to 01.00 PM.

Complete tender documents are also available on TCIL’s website, address given below:

http://www.tcil-india.com

The documents downloaded by the parties from the website shall be valid for participation in the tender process. Those making use of the tender documents downloaded from the website shall have to pay the fee of the document in the form of a demand draft/ banker’s cheque along with the tenders. Tenders received without the requisite fee shall be considered as invalid ab-initio.

Bidders are advised to check the TCIL website regularly for corrigendum/ amendments, if any.

ELIGIBILITY CRITERIA Bidder must provide necessary supporting documents as proof in respect of the eligibility criteria mentioned below:

1. Average Annual Financial Turnover during last 3 years ending 31st March 2017 should be at

least 50% of the estimated cost of the work. (Please submit copies of audited balance sheets of last 3 years).

2. The agencies should have successfully completed similar works during last seven years ending 31st January’2018. Similar work means construction of civil infrastructure projects including roads, bridges, flyovers, underpasses, multistoried building complexes and site development works from any government/semi government / autonomous bodies/reputed private organization. The agency is requ ired to meet the following experience criteria to be eligible in the technical bid. (To be supported with Clients Certificates)

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A. Estimated Cost: Rs. 183.80 Cr

i) One work of similar nature valuing not less than 25% of Estimated Cost of work. OR ii) Two works of similar nature each valuing not less than 12.5% of Estimated Cost. OR iii) Three works of similar nature each valuing not less than 10% of Estimated Cost.

(Please submit copies of Completion certificates from client mentioning the nature of work, value of work and time period. In case of Govt. Deptt./Semi Govt./Autonomous Bodies, the certificates shall be considered valid only if it is issued/ counter signed by an officer not below the rank of Executive Engineer. In case of other clients, the certificate should be issued/ countersigned by the MD/Director of the company).

In case, the applicant has experience of works executed through JV/ consortium, the work experience for similar works of applicant shall be considered for the proportionate works done under JV/ consortium as per the ratio mentioned in client work certificate. However, in such cases, the JV/ consortium agreement for works done under JV shall be asked from the bidder to reveal the role & responsibilities of the individual partners.

3. Bidder should not be blacklisted / debarred by any Government / Semi Government

Department / PSU. (Please attach Affidavit on non-judicial stamp paper of 100/- that the bidder is not blacklisted by any Government Department /Semi Government Department/ PSU).

4. The net worth of the bidder firm as on 31.03.2017 should be positive.

Note: i. Application in consortium is permitted subject to a maximum of t hr ee

partners. Qualification and credential of each partner shall be added for the purpose of eligibility criteria. However each consortium partner shall be responsible jointly and severally. A consortium agreement must be submitted along with the Technical Bid.

ii. Bidder must be capable to provide the required machineries and equipments along with experienced man power. A list of available equipments and man power is required to be provided along the technical bid. Bidder shall be required to submit an undertaking that all the required machineries, equipments, technical man power, skilled, semi skilled and non skilled manpower shall be provided by him in accordance to the directions of Engineer in charge / Employer.

iii. Bidder will be required to sign each and every page of tender documents and related corrigendum/addendum issued by TCIL till the last date of submission. Bidder will also sign all the documents/ certificates being submitted by him along with this bid.

iv. “This tender is covered under integrity pact programme of TCIL & perspective bidders

are required to sign the Integrity Pact Document and submit same to TCIL, before or along with the Bids”. For further details, the section “Integrity Pact Programme” mentioned in the tender document may be seen.

v. The bidder should submit valid documentary proof of GST registraton Certificate,/ PAN number, EPF etc. Self certified copies of relevant certificates of registration shall be

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submitted.

vi. A detailed agreement /MOU shall be signed with the successful bidder. Draft of MOU is given in this tender document.

vii. The bidder should be agreed to submit PBG, if any to TCIL, as & when asked. Self declaration on bidder’s letter head shall be submitted.

viii. The bid shall be signed by an authorised person from the bidder and an authorization letter/power of attorney in favour of authorised signatory shall be submitted along with technical bid.

ix. All the terms and conditions of the Client’s document shall be applicable on back to back basis including all tax liabilities, in addition to the conditions given in the MOU & this tender document. Self declaration on bidder’s letter head shall be submitted mentioning its acceptance to work on back to back basis for the referenced work.

EVALUATION The evaluation will be done on the total bid value. The bidder is required to quote its offer as per financial bid format. Partial bid or conditional bid is liable to be rejected.

Earnest Money of Rs 1.83 Cr (Rs. O n e Crore and Eighty Three Lac only) by Demand Draft/ Banker’s cheque in favor of “Telecommunications Consu ltants Ind ia Ltd .” Payable at New Delhi or Bank Guarantee in the prescribed format from a Scheduled Bank from its branch at New Delhi shall be submitted along with the tender.

Tenders received without EMD/ inadequate EMD shall be summarily rejected. Two-part bid system shall be adopted i.e. Technical Offer and Price Offer. Tender documents fee (when documents are downloaded from website) and EMD shall be part of Technical Offer.

The tenders shall be submitted in the Office of GGM (Civil-BD), TCIL, TCIL Bhawan, Greater Kailash-1 New Delhi-110048 on or before 15:00 hrs, on 21.02.2018.

In the first stage, the Technical Offers shall be opened at 16:00 hrs, on 21.02 .2018 in the presence of Tenderers or their authorized representatives present at the time of tender opening.

The Price Offers of only those parties who qualify in the first stage (Technical bid) shall be opened at time and date to be notified separately.

Selected bidder shall be required to perform necessary cost engineering for ascertaining the cost of bid in a competitive manner and will do required activities like field survey, market rate survey for different items to be used in the works. The selected agency shall work out its cost based on terms and conditions of the client’s detailed tender document. TCIL will provide all required technical support and project management consultancy services during bidding and execution till successful completion of the project. An MOU shall be signed with selected bidder by TCIL in this regard. Draft MOU is attached in this document.

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Participating bidders shall be required to submit its offer mentioning proposed fee for TCIL towards project management and technical support consultancy services for the subjected work in the prescribed format of financial bid of this tender. Selected bidder will also be required to submit an EMD amount of Rs. 1.83 Cr only (Refundable) in suitable form as prescribed. TCIL reserves the right to accept or reject any or all the tenders without assigning any reason. TCIL also reserves its right to select more than one applicant against this bidding process. TCIL also reserves its right to negotiate about the terms and conditions of the contract with respective bidders. INTEGRITY PACT PROGRAMME

1. As a part of implementation of Integrity Pact Programme (IPP), in TCIL all tenders with the estimated value equal to or exceeding the threshold value will be covered under the Integrity Pact Programme (IPP) and the venders are required to sign the IP document and submit the same to TCIL, before or along with the bids. The present threshold value is Rs. One Crore INR

2. Even in case of tenders with the estimated value less than the threshold value the vendors would be required to sign the IP document if the total value of the Purchase orders (POs) exceeds the threshold value in respect of - Multiple /repeat POs on single vendor against a tender. - POs placed on multiple vendors against a tender.

3. Only those vendors who have purchased the tender document and signed the IP documents can

send their grievances, if any, to the Independent External Monitors (IEMs) through the nodal officer .i.e. Chief Vigilance Officer (CVO), TCIL in the prescribed proforma. Name of IEMs with their contract Details: (i) Shri N.P.Gupta, Independent External Monitor

E-mail ID: [email protected]

(ii) Sh. S.K. Singh, Independent External Monitor E-mail ID: [email protected].

NAME & CONTACT DETAILS OF NODAL OFFICER (IP) IN TCIL: Ms. Hardeep, Chief Vigilance Officer E-mail ID: [email protected]

GGM(Civil-BD) TCIL, New Delhi

END OF SECTION- 1

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SECTION – 2 Tender No.: TCIL/Civil/BD/2017-18/Pre-Bid/Pre-Bid/03 Dated: 16.02.2018

MEMORANDUM OF UNDERSTANDING (MOU)

This memorandum of understanding is made and entered into this _____ day of _____ 2018 between

Telecommunications Consultants India Ltd., a Govt. of India Enterprise, having its Corporate &

Registered Office at TCIL Bhawan, Greater Kailash – I, New Delhi – 110048 (hereinafter called

“TCIL”).

AND

M/s _____________________________ (Name and address of Agency) on the other part (hereinafter

called as ‘Agency’).

Whereas TCIL is a prime contracting and engineering company and undertakes projects in all the fields

of telecommunications, civil constructions including road constructions.

Whereas M/s _____________________________ are engaged in Civil construction works under various

departments/clients and having experience in similar works for the last ____ years.

Whereas TCIL intends to participate in a tender for ‘Construction Road from Lameri to

Karanpyarag on EPC basis in Uttarakhand’ floated by National Highway & Infrastructure

Development Corporation Limited (Name of client).

Whereas TCIL has invited competitive quotes from the bidders for participating in the works for joint

execution in the event the above work is awarded in favour of TCIL and whereas Agency has agreed to

execute the work as per specification of the client on award of the works to TCIL.

Now this Agreement witnesseth as under:

1. It is mutually agreed that following documents shall be deemed to form, read and construed as part

of this Agreement.

i) Entire tender document under Bid/ Package no. NHIDCL/R-J/NH-07/2018/Pkg-I issued by client pertaining to the work of ‘Construction and upgrdation of exsiting road to 2- lane with paved shoulder from Km. 368.000 to Km. 399.000 of Lameri to Karanprayag (Excluding Km. 379.100 to

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Km 380.275) of NH-07 under Chardham Pariyojana on EPC basis in the of Uttarakhand”. Design

Length-29.125 Km

Herein also called as

Construction Road from Lameri to Karanpyarag on EPC basis in Uttarakhand under TCIL’s

NIT no. TCIL/Civil/BD/2017-18/Pre-Bid/03 dated 16.02.2018.

ii) Offers dated ______________ submitted by the Agency to TCIL. iii) MOU/ agreement between TCIL and agency including all the documents forming part of the pre-bid offers (including integrity pact).

2. It is agreed between the parties that on acceptance of the aforesaid TCIL’s tender by client,

TCIL shall award part or whole of the work, as mutually agreed, to the agency and on such

award of work, the agency shall immediately mobilize and execute the work speedily and assure

required quality in works and achieve the Progress as stipulated in the contract between TCIL

and the client. All terms and conditions of the tender issued by the client shall be applicable on

back to back basis except terms and conditions, pricing, payments, right for termination and

execution of the works at the risk and cost of the agency between TCIL and agency.

3. The Agency shall submit Earnest Money Deposit (EMD) in the form of DD/FDR/CDR/Bank

Guarantee in prescribed format equivalent to an amount of Rs. 1.83 Cr only , having validity

of minimum 180 days and such EMD, pledged to or in favour of ‘Telecommunications

Consultants India Limited’ payable at New Delhi. EMD shall be returned to agency, in case

contract is not awarded to TCIL, subject to return of TCIL’s EMD by the client.

4. In the event, Agency withdraws its offer once submitted for any reason whatsoever or fails to

furnish the back up performance security within the stipulated period or fails to carry out any

work as per this MOU, the EMD shall automatically stand forfeited by TCIL.

5. On award of the works by TCIL in favour of the agency, the agency undertakes to carry out the

same as per specifications of the tender document, agreement and requirement of client and to

the best satisfaction of client and /or TCIL, with respect to the quality of works including defect

liability period.

6. Agency has confirmed that it owns requisite construction machinery and has resources and shall

deploy the same for execution of the works and shall complete the works awarded to it in the

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scheduled time. The agency understands that it shall work in the name of TCIL till the name is

approved by the client for a specific % or part of the works. It shall carry out the works as

working as TCIL. The agency shall not be entitled to assign the work wholly or partially or to

sublet wholly or partially the execution of the work or any part of its responsibilities.

7. The work shall be awarded to the agency at the rates approved by client minus mutually agreed

TCIL charges for technical support & project management consultancy services. All payments

to the agency shall be on back to back basis for the works entrusted under the agreement.

Agency agrees that all tax liabilities including GST and any other taxes/levies/royalty on the

contract value shall be borne by the agency.

8. Contractor will take contractors all risk policy covering all possible damages due to any reason,

as applicable under the law, at its own cost in the name of TCIL, as per requirement of client.

Contractor shall be responsible for providing CAR policy during the contract including

construction and defect liability period. The CAR policy shall be submitted to TCIL within 7

days from the award of work to TCIL by client. Contractor shall take other policies required for

its plants/ equipments/workmen compensation etc. If contractor fails to provide the same, TCIL

shall reserves the right to purchase required policies and deduct the twice of paid insurance

premium from contractor’s payments.

9. Agency shall provide and establish well-equipped labs to meet the requirement of client at its

own cost.

10. Agency shall comply with all applicable local laws regarding labour, mining laws etc. and shall

always keep TCIL harmless in all respects. Payment of royalty, cess, license fee of any nature

whatsoever, which may be applicable in relation of or concerning the awarded work, shall be

entirely borne by the agency.

11. All statutory deductions such as Income Tax deductible at source/GST etc shall be deducted by

TCIL for which due certificate shall be issued to the agency.

12. The agency shall get himself the registered with provident fund department and will fulfill all

the laid down laws of the provident fund section in respect of all the labour/employees employed

for the execution of the works. The details will be submitted to TCIL as and when asked by

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TCIL. The same will be followed for ESIC schemes and any other scheme implemented by the

state/ central government, for the welfare of the employees/labour.

13. It is agreed between the parties that all costs of any nature whatsoever, required for executing

the work awarded to the agency(s) shall be on account of the agency.

14. Agency undertakes to deploy requisite working capital to execute the contract.

15. Performance Security: The agency shall provide back up performance Bank Guarantee from a

scheduled Bank through its branch in New Delhi. The bank guarantee shall be an unconditional,

irrevocable and payable on demand without any protest or demur.

16. Payment Terms: Payment to the Agency shall be on back to back basis i.e. on receipt of the

payment, corresponding payment after applicable deductions shall be released by TCIL to the

agency within 15 days from the submission of bill on prescribed format of TCIL.

17. In case of delay in execution of work, LD as per terms of tender of the client shall be applicable.

In case of continued delay or on breach of other contract conditions, TCIL may terminate the

contract and get the work carried out at the risks and costs of the agency. All the amount of

EMD/Security Deposit/Performance Guarantee of contractor shall be forfeited.

18. TCIL will be entitled to withdraw the work from the agency and to execute the remaining works

on the agency’s account or to terminate the agreement if the agency has failed to carry out its

contractual obligations in compliance with the conditions and specifications or in case of a delay

in execution of the works in a manner that it cannot be completed within the prescribed period,

provided that a written warning was previously issued to agency and ten days have elapsed

thereof without the situation being corrected by the agency, in order to complete the works in

prescribed period.

19. TCIL reserves the right to carry out one or more sections of the work itself or get it done through

other sources. In case, TCIL exercise this action, it shall intimate the agency 15 days prior to

undertaking such works. TCIL shall however undertake the works only in case where the agency

has not yet completed the work or progress is not in accordance with the time schedule.

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20. TCIL may consider an advance against the work done in part proportion & on interest bearing

basis, as per terms decided by competent authority of TCIL, subject to availability of funds in

TCIL. Such advance (if any) along with applicable interest shall be recovered fully from the

same bill, when paid by client.

21. Advance for materials/machineries/equipments may also be given, on interest bearing basis, on

mutually agreed terms and conditions, as per approval of competent authority of TCIL and

availability of funds with TCIL. However, this does not relieve the contractor from its

responsibility to arrange required funds from its resources to achieve the required completion of

works, in time. No claim in this regard shall be accountable to TCIL.

22. Agency will provide a furnished office and transit camp with electricity, water, internet,

telephone, a cook, an attendant & required security arrangements for TCIL staff near to

construction site during the period of construction and defect liability period. A four wheeler

vehicle with driver, fuel, maintenance etc complete shall also be provided during construction

period. A new motorcycle with fuel and required maintenance shall be given to TCIL staff

during the project period including maintenance period by the agency at its own cost. Suitable

office and stay arrangements at project site for TCIL staff shall also be given by the agency

without any charges to TCIL during the period.

23. In the event the client terminates the contract between TCIL and client for any reason

whatsoever such as on account of slow progress of work or any defaults and imposes any

penalties, costs and /or claims any loss or damages of any nature whatsoever including but not

limited to liquidated damages, costs whatsoever or losses on account of risk purchase etc., the

same shall be solely and exclusively borne and paid by the Agency.

24. In case the client deducts/withholds any amount from the bills of TCIL for any reason

whatsoever correspondingly, the same shall be deducted from the bills of agencies.

25. Arbitration: All Disputes in relation to or arising among the parties regarding this

MOU/agreement shall be resolved amicably. Unresolved disputes shall be referred to by the

arbitration in accordance with Arbitration and Conciliation Act of 1996 and subsequent

amendments. The venue of arbitration shall be in New Delhi. The arbitral tribunal shall consist

of a Sole Arbitrator who shall be the CMD, TCIL himself or any person nominated by him to

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act as the Sole Arbitrator. The agency shall have no objection if any employee of TCIL is

appointed as an Arbitrator, for the reason that such person is or has been an employee of TCIL

or for the reason that such a person may have dealt with the contract in dispute, at any stage, as

an employee of TCIL. Laws of Republic of India shall be governing laws under the

MOU/agreement.

26. The Agency understands and agrees that he has read the tender document of the client and TCIL

NIT & relevant documents carefully. It is expressly understood and agreed by the agency that

all duties and obligations of TCIL towards the Client shall be that of the agency for the

corresponding portion of work awarded to and executed by it.

27. Save whereas the agreement of this provisions of the agreement otherwise require, the agency

shall so execute and complete and warrant the works that no act or omission of him in relation

thereto shall constitute cause or contribute to any breach by TCIL of any of its obligations

under the main contract and the agency shall save as aforesaid assume and perform hereunder

and obligations and liabilities of TCIL under the main contract in relation to the agreement and

in general, be bound by all terms of the main contract as shall be relevant to or in any way

affect the agreement. The agency shall be in connection with this agreement assume all risks,

political, technical, commercial and other as if it were dealing directly with the client.

28. The agency shall indemnify TCIL against any liability which TCIL may incur to client or any

other person whatsoever by reason of any breach by any agency of any of the provisions of this

agreement and against all claims, demands, proceedings, damages, cost charges and expenses

whatsoever made against or incurred by TCIL by reason of such breach.

29. The agency hereby acknowledge that any breach by it of this agreement may result in TCIL’s

committing breaches are becoming liable in damages under the main contract and any other

contract made by in this connection and may occasion further loss or expenses to TCIL in

connection there with and all such loss, damages and expenses are hereby agreed to be within

the contemplation of the parties as being probable result of any such breach by agency.

30. All other terms and conditions of the work shall be on back to back basis in accordance to

client’s bid document.

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This Agreement is executed at Delhi and Courts at Delhi shall have sole and exclusive

jurisdiction.

For Telecommunications Consultants India Ltd For Agency (Contractor) Signatures & seal Signature and Seal Witnesses 1. 1. 2. 2.

- END OF SECTION 2–

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SECTION 3

Tender No.: TCIL/Civil/BD/2017-18//Pre-Bid/03 Dated: 16.02.2018

SCOPE OF WORK,

The scope of work shall be as per client document as attached herewith. The agency shall execute the works in parts or whole, as entrusted by TCIL, in accordance with BOQ, technical specifications, drawings etc of Client’s tender document and subsequent details.

- END OF SECTION 3 –

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SECTION – 4

Tender No.: TCIL/Civil/BD/2017-18//Pre-Bid/03 Dated: 16.02.2018

Annexure – 1

Details of the Applicant

1 Name and address of applicant 2 Telephone No./Fax No./E-mail/Telex No. 3 Legal status of the applicant (attach copies of original documents

defining the legal status)

(a) (b) (c) (d)

The applicant is: An individual A Proprietary Firm A firm in Partnership A limited Company (Private or Public) or Corporation

4 Particulars of Registration with various Government bodies/Organization. (attach attested photocopy)

5 Name of Directors/Partners with their addresses, Telephone numbers, Fax, Email

6 Designation of individuals authorized to act for the organization

7 Was the applicant ever required to suspend any construction for a period of more than six months continuously after commencement of the construction? If so, give the name of the project & reasons of suspension of work.

8 Has the applicant or any constituent partner in case of partnership firm, ever abandoned the awarded work before its completion? If so, give name of the project and reasons for abandonment.

9 Has the applicant or any constituent partner in case of partnership firm, ever been debarred/ black listed for tendering in any organization at any time? If so, give details.

10 Has the applicant or any constituent partner in case of partnership firm, ever been convicted by a court of law? If so, give details.

11 Other details: a) EPF No. valid up to

b) TIN No. and certificate c) Clearance of sales Tax up to d) PAN No. and copies of IT return for last three years. e) Service Tax registration No. (Copies to be enclosed)

12 Any other information considered necessary but not included above.

Seal and Signature of Applicant

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Annexure –2

Financial Information

Financial Analysis : Details to be furnished duly supported by figures in Balance Sheet/Profit & Loss Account for the last three years duly certified by the Chartered Accountant, as submitted by the applicant to the Income Tax Department (certified copies to be attached.

2014-2015

2015-2016

2016-2017 Average annual

turnover a b c (a+b+c)/3

(i) Gross Annual turnover on referred works (INR)

(ii) Profit/Loss (INR)


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Annexure-3

Details of Similar Works Completed During Last Seven Years

Sr. No.

Name of work/ Project & Location

Owner of organization

Value of work in lakhs at completion

Date of commencement as per contract

1 2 3 4 5

Stipulated date of completion

Actual date of completion

litigation/ arbitration pending/ in progress

with details

Name and address/ telephone number of

officer to whom reference may be made

Remarks

6 7 8 9 10

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Annexure-4

Projects / Work under Execution

Sr. No.

Name of work/ Project & Location

Owner of organization

Value of work in lakhs

Date of commencement as per contract

1 2 3 4 5

Stipulated date of completion

Upto date percentage of

progress of work

Slow progress if any, & reasons thereof

Name and address/telephone number

of officer to whom reference may be made

Remarks

6 7 8 9 10

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Annexure –5

Details of Plant and Machinery available

Sr. No.

Name of Equipment

Make/ model/ capacity Quantity Condition Status (Owned/ Leased/

Hired)


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Annexure –6

Details of Manpower available

Sr. No. Name Designation Qualification Experience (Nature

and no. of years)


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Annexure-7

Affidavit

(To be submitted on non-judicial stamp paper of Rs. 100/- duly certified by notary public) Affidavit of Mr. _ S/o _ R/o _ I, the deponent above named do hereby solemnly affirm and declare a under:

a). That I am the Proprietor/authorized signatory of M/s. _having its Head Office/Registered. Office at __ _

b). That the information/documents/Experience certificates submitted by M/s along with this tender for ‘Construction Road from Lameri to Karanprayag on EPC basis in Uttarakhand’ in TCIL are genuine and true and nothing has been concealed. c). I shall have no objection in case TCIL verifies them from issuing authority (ies). I shall also have no objection in providing the original copy of the document(s), in case TCIL demand so for verification. d) I hereby confirm that in case, any document, information &/or certificate submitted by me found to be incorrect/false/fabricated, TCIL at its discretion may disqualify/reject my application for this tender out rightly and also debar me/M/s._ from participating in any future tenders/PQ. DEPONENT I, _ _, the proprietor/authorized signatory of M/s. _ _, do hereby confirm that the contents of the above Affidavit are true to my knowledge and nothing has been concealed there from and that no part of it is false.

Verified at _ this __ day of

DEPONENT

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ANNEXURE - 8

FORMAT OF BID BOND (EMD) Whereas ……………………. (Hereinafter called “the Bidder”) has submitted its bid dated …………… For the supply of …………. Vide Tender No. ……………………….. Dated ……………

KNOW ALL MEN by these presents that WE ……………………. OF ………………. Having our registered office at ………….. (Hereinafter called “the Bank”) are bound unto Telecommunications Consultants India Limited (hereinafter called “the Purchaser”) in the sum of INR/US$ ………………… for which payment will and truly to be made of the said Purchaser, the Bank binds itself, its successors and assigns by these present.

THE CONDITIONS of the obligation are:

1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder on

the Bid form or 2. If the Bidder, having been notified of the acceptance of his bid by the Purchaser during

the period of bid validity

(a) Fails or refuses to execute the Contract, if required; or (b) Fails or refuses to furnish the Performance Security, in accordance with

the instructions to Bidders. We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force upto and including THIRTY (30) days after the Period of bid validity and any demand in respect thereof should reach the Bank not later than the specified date/dates.

Signature of the Bank Authority. Name

Signed in Capacity of Name & Signature of witness Full address of Branch Address of witness Tel No. of Branch

Fax No. of Branch

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ANNEXURE – 9

BANK GUARANTEE (PERFORMACE) (TO BE ISSUED BY A SCHEDULED BANK HAVING ITS BRANCH AT NEW DELHI)

Guarantee No. _ _

Amount of Guarantee Rs._ _ Guarantee

cover from (Name of the Bank) _ _

Last date of lodgment of claim(s) _ _

B.G. in No. of pages including this page _ _

THIS DEED OF GUARANTEE made this _ day of __ 2018 by _ _ having one of its Branches at __ _ acting through its Manager (hereinafter called ‘The Bank’ which expression shall whenever the context so requires include its successors and permitted assigns) in favour of M/s. Telecommunications Consultants India Ltd. (A Government of India Enterprise) registered under the Companies act 1956, having its office at TCIL BHAWAN, GREATER KAILASH-I, NEW DELHI – 110 048 (hereinafter called TCIL which expression shall include its successors and assigns).

WHEREAS TCIL has entered into an agreement/agreements with M/s. _ having its Head Office at _ _ _ (hereinafter called the “Contractor” which expression shall include its successors, executors and permitted assigns) for Construction of_ _ _ a w a r d e d to t h e C o n t r a c t o r a g a i n s t T e n d e r N o ._ .

AND WHEREAS in accordance with the terms of the said contract the Contractor has agreed to furnish an unconditional Bank Guarantee for Rs. (Rupees only) for due performance of this contract awarded to the Contractor.

AND WHEREAS THE BANK at the request of the Contractor has agreed to give this guarantee.

NOW THEREFORE THIS DEED OF GUARANTEE WITNESSETH AS FOLLOWS: 1. We, the Bank hereby irrevocably guarantee that the Contractor will duly comply with this

obligation during the guarantee period in accordance with the said contract agreement and the general terms and conditions forming part of the work agreement, failing which the Bank undertakes to pay to TCIL on demand and without demur, such amount or amounts as the Bank may be called upon to pay not exceeding a sum of Rs._ (Rupees _ _ only) on invocation of this guarantee. Any claim made by TCIL on us within the sanctioned guarantee amount shall be final and binding on us.

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2. Notwithstanding anything contained hereinbefore, the liability of this Bank in respect of this guarantee is restricted to Rs. _ _ (Rupees __ _ only) and shall remain in force till _ _ unless an action/claim is made on us in writing within 60 days from this date i.e. up to _ _ and all rights under the said guarantee will be forfeited and we shall be relieved and discharged from all liabilities hereunder.

IN WITNESS WHEREOF THE BANK HAS SUBSCRIBED AND SET ITS NAME AND SEAL HEREUNTO. DATE :

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ANNEXURE – 10

Integrity Pact

General This Agreement (hereinafter called the Integrity Pact) is made on ______ day of the ___________ month of 20_____, between on one hand, Telecommunications Consultants India Ltd. (TCIL) acting through sh._______________________ (Name & Designation of the officer) (Hereinafter called the “BUYER” which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and M/s.________________________ (Name of the Company) represented by Sh. ________________________ Chief Executive Officer/ Authorized Signatory (Name & Designation of the officer) (hereinafter called the “BIDDER/Seller” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part. WHEREAS THE BUYER invites bid against Tender/RFO/EOI/RFP/RFQ for the __________________________________________________________________ __________________________________________________________________ ___________________________________________________ (Name of the Stores/Equipment/Services, Ref No. & Date) and the BIDDER/Seller is willing to submit bid for the same and WHEREAS the BIDDER is a Private Company/ Public Company/ Government Undertaking/ Partnership Firm/Proprietorship Firm/ Registered Export Agency, constituted in accordance with the relevant law in the matter and the BUYER is a Public Sector Undertaking. NOW, THEREFORE To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to :- Enabling the BUYER to obtain the desired said stores/equipment/Services at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract(s) by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its officials by following transparent procedures. The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:- 1. Commitments of the BUYER 1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract(s), will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract(s) in

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exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract(s). 1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERs. 1.3 All the officials of the BUYER will report to the CMD, TCIL any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach. 2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract(s) process. In such a case while an enquiry is being conducted by the BUYER the proceedings under the contract(s) would not be stalled. 3. Commitments of BIDDERs The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract(s) or in furtherance to secure it and in particular commit itself to the following :- 3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract(s) in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract(s). 3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the contract(s) or forbearing to do or having done any act in relation to the obtaining or execution of the contract(s) or any other contract(s) with TCIL for showing or forbearing to show favour or disfavour to any person in relation to the contract(s) or any other contract(s) with TCIL. 3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates. 3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract(s). 3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of the contract(s) to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation. 3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract(s) shall disclose any payment he has made, is committed to or intends to make to officials of

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the BUYER or their family members, agents brokers or any other intermediaries in connection with the contract(s) and the details of services agreed upon for such payments. 3.7 The BIDDER will not collude with other parties interested in the contract(s) to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract(s). 3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities. 3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others any information provided by the BUYER as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged. 3.10 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts. 3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above. 3.12 If the Bidder or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender. The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Act 1956. 3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the BUYER. 3.14 The BIDDER will not bring any Political, Governmental or Diplomatic influence to gain undue advantage in its dealing with BUYER. 3.15 The BIDDER will promptly inform the Independent External Monitor (of BUYER) if he receives demand for a bribe or illegal payment/benefit and i. If comes to know of any unethical or illegal practice in BUYER. ii. If he makes any payment to any BUYER Associate. 3.16 The BIDDER will undertake to demand from all sub-contractors a commitment in conformity with this Integrity Pact. 3.17 The Bidder will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process. 4. Previous Transgression 4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt

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practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process. 4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender process or the contract(s), if already awarded, can be terminated for such reason. 5. Sanctions for Violations 5.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, wherever required:- i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue. ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond (after the contract(s) is/are signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be required to assign any reason therefore. iii) To immediately cancel the contract(s), if already signed, without giving any compensation to the BIDDER. iv) To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 5% higher than the prevailing Base Rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 5% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract(s), such outstanding payment could also be utilized to recover the aforesaid sum and interest. v) To encash the advance Bank Guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, alongwith interest. vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER. vii) To debar the BIDDER from participating in future bidding processes of TCIL for a minimum period of five years, which may be further extended at the discretion of the BUYER. viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract(s). ix) In cases where irrevocable Letters of Credit have been received in respect of any contract(s) signed by the BUYER with the BIDDER, the same shall not be opened. x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. xi) Any other action as decided by CMD, TCIL based on the recommendation by Independent External Monitors (IEMs).

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5.2 The BUYER will be entitled to take all or any of the actions mentioned at para5.1 (i) to (xi) of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption. 5.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent External Monitor (s) appointed for the purposes of this Pact. 5.4 For any breach of the provisions of Clauses 1.1 to 1.3 by the Buyer, action as mentioned at Clause 2 shall be applicable. 6. Independent External Monitor (IEMs) 6.1 The BUYER has appointed Independent External Monitors (IEMs) for this Pact in consultation with the Central Vigilance Commission. Names and email addresses of the IEMs are given on TCIL Website. 6.2 The task of the IEMs shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 6.3 The IEMs shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. They report to the CMD, TCIL. 6.4 Both the parties accept that the IEMs have the right to access all the documents relating to the project/procurement, including minutes of meetings. 6.5 As soon as the IEM notices, or has reason to believe, a violation of this Pact, he will so inform the CMD, TCIL. The IEM can in this regard submit nonbinding recommendations. If TCIL has not, within the reasonable time, taken visible action to proceed against such offence, the IEM may inform directly to the Board of Directors, TCIL. 6.6 The BIDDER(s) accepts that the IEM has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the IEM, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The IEM shall be under obligation to treat the information and documents of the BIDDER/Subcontractor(s) with confidentiality. 6.7 The BUYER will provide to the IEM sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the IEM the option to participate in such meetings. 6.8 The IEM will submit a written report to the CMD, TCIL within 8 to 10 weeks from the date of reference or intimation to him by the BUYER/BIDDER and, should the occasion arise, submit proposals for correcting problematic situations. 6.9 The word 'IEM' would include both singular and plural.

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7. Facilitation of investigation In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination. 8. Law and Place of jurisdiction This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER (i.e. New Delhi). 9. Other Legal Actions 9.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings. 9.2 The arbitration clause provided in the tender document/contract shall not be applicable for any issue/dispute arising under Integrity Pact. 10. Validity 10.1 The validity of this Integrity Pact shall be from the date of its signing and extend up to 5 years or the complete execution of all the contracts to the satisfaction of both the BUYER and BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract. 10.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions. 10.3 If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by CMD, TCIL. 10.4 Changes and supplements need to be made in writing. 10.5 If the Contractor is in a partnership or a consortium, this agreement must be signed by all partners or consortium members. 11. The parties hereby sign this Integrity Pact at ___________ on ___________.

BUYER BIDDER/SELLER Signature ______________________ ______________________ Name of the officer ______________________ ______________________ Designation ______________________ ______________________ Name of the Company ______________________ ______________________ Address ______________________ ______________________

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______________________ ______________________ Dated: ______________________ ______________________

Witness-1 (Buyer) Witness-1 (Bidder/Seller) Signature ______________________ ______________________ Name of the officer ______________________ ______________________ Designation ______________________ ______________________ Name of the Company ______________________ ______________________ Address ______________________ ______________________

______________________ ______________________ Dated: ______________________ ______________________

Witness-2 (Buyer) Witness-2 (Bidder/Seller Signature ______________________ ______________________ Name of the officer ______________________ ______________________ Designation ______________________ ______________________ Name of the Company ______________________ ______________________ Address ______________________ ______________________

______________________ ______________________ Dated: ______________________ ______________________

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(REFERENCE TO INDEPENDENT EXTERNAL MONITOR) Date: To ______________________ ______________________ ______________________ Sub: Tender No. / Contract No. ______________________ 1. No reference can be made to Independent External Monitor if the time to submit the tender / bid is less than 7 days. It may also be noted that no time extension will be allowed for submission of tender. 2. Reference of only those bidders who have purchased the tender document and signed the Integrity Pact will be entertained. 3. Application be made in triplicate – one shall be sent to TCIL and two copies of the same shall be sent to IEM. A) PRE-TENDER STAGE I) Please provide the following information: - a) Whether tender document has been purchased. Yes / No (If Yes, indicate the Receipt No.) b) If downloaded from website, whether fee for the same has been deposited. Yes / No c) Whether the query has been given to TCIL before submission to IEM. Yes / No (If Yes, please state the date of submission of query). d) If reply has been received, please attach a copy of the reply. II) Please state the query in clear terms giving reference to the clause in the tender. B) ISSUES RELATING TO EVALUATION OF TENDERS : I) Whether any reference has been made to TCIL. Yes / No (If Yes, reply received from TCIL be attached.) II) Issue on which reference is being made. III) Documentary proof with reference to query be attached. C) IN CASE CONTRACT HAS BEEN SIGNED/EXECUTATION STAGE I) Date of signing of the contract. II) Please state whether the Performance Guarantee has been submitted in terms of the contract. Yes / No III) Agreement Clause No. against which the complaint is being made. IV) Integrity Pact clause under which reference is being made.

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D) ISSUES REFERENCE : (Please State the query) I) Please state whether any reference was made to TCIL. Yes / No (If Yes, reply of TCIL be attached) II) In case no reference is made, please note that first reference is required to be made to TCIL unless the issue relates to any corrupt practice. Signature_______________ Name of the Company __________ Address________________ Tel. No. ________________ Mob. No. _______________ Fax No. ________________ E-MAIL ________________

(Please attach separate sheets for detailing the issues, if need be)

Section-4

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Section -5 Bid Document

NIT RFP DCA

Schedules GAD

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FINANCIAL BID

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-Section-6- Tender No.: TCIL/CIVIL/BD/2017-18/Pre-Bid/03 Dated: 16.02.2018

Financial Bid (To be submitted on the letter head of the bidder/ lead bidder) To, GGM(Civil-BD) Telecommunications Consultants India Limited TCIL Bhawan, Greater Kailash-1 New Delhi-110048 Subject: Pre-bid tie up for ‘Construction Road from Lameri to Karanprayag on EPC basis in Uttarakhand” In response to your notice no. TCIL/CIVIL/BD/2017-18/Pre-Bid/03 dated 16.02.2018, We i.e. M/s -----------

------------- hereby expresses its interest to provide necessary equipments/materials and the services and

to perform all operations, duties and obligations as a sub agency of TCIL for above subjected work.

We hereby offer our cost of Rs. ------------------------ (In figure) &----------------------------(In words) for

the work of “Construction and upgrdation of exsiting road to 2- lane with paved shoulder from

Km. 368.000 to Km. 399.000 of Lameri to Karanpyrag (Excluding Km 379.10 to Km 380.275 ) of

NH-07 under Chardham Pariyojana on EPC basis in the of Uttarakhand”. Design Length-28.80

Km” covering all work scope and services required for proper completion of work as mentioned in

client (i.e.

NATIONAL HIGHWAYS & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD) bid

document of the subjected project.

The undersigned being the authorised signatory of M/s ------------------------------------------ certifies that

he/she has carefully read and examined and understood the complete proposal. The execution of works

and all payments shall be on back to back basis in accordance to client’s tender document.

Signature------------------------------------------------------------------------------------------------

Name of authorised signatory-------------------------------------------------------------------------

Designation----------------------------------------------------------------------------------------------- Company------------------------------------------------------------------------------------------------

-Section-6-