VOLUME - I PRE-QUALIFICATIONCRITERIA & CONDITIONS OF CONTRACT

TICEL BIO PARK LTD

TENDER FOR“PROVIDING INTERIOR WORKS FOR TICEL OFFICE” AT

GROUND FLOOR OF TICEL BIO PARK – II, NO.5, CSIR ROAD, TARAMANI,

CHENNAI – 600 113

VOLUME - I

PRE-QUALIFICATIONCRITERIA & CONDITIONS OF CONTRACT

LAST DATE FOR SUBMISSION: ON OR BEFORE: 11.09.2020 (Friday) at 03.00 PM

TO BESUBMITTED : M/s.TICEL Bio Park Ltd No.5, CSIR Road, Taramani, Chennai - 600 113. Telephone No.: +91 44 22542061/62 E-Mail:[email protected]

TENDER SUBMITTED BY: M/s._____________________________________

Address__________________________________ _________________________________________ _________________________________________

2020

TICEL Bio Park – II Volume - I Interior Work

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TICEL BIO PARK LTD Tender for “Providing Interior Works for TICEL Office” at Ground floor of TICEL Bio

Park – II, No.5, CSIR Road, Taramani, Chennai – 600 113.

CONTENTS

S.No DESCRIPTION Pages

Notice for Competitive Tender

Information and Instructions to the Tenderer

Press Notice

1 General Information 8

2 Brief Description of Project 9

3 Important Conditions of Contracts 10

4 Eligible TENDERERS 11

5 Pre - Qualification Criteria for Eligibility. 11

6 Site Visit 12

7 Submission of Tender documents 12

8 Final Decision making Authority 12

9 Submission of Tender 12

10 Evaluation Method 13

Conditions of Contract

Tender Form 14

1 Definitions 17

2 Interpretation 18

3 Language and Law 18

4 Pre-Bid Meeting and Clarifications 18

5 Cost of Tender Preparation 19

6 Submission by Post / Courier / in Person 19

7 Earnest Money Deposit 19

8 Performance Bank Guarantee 19

9 Signing of Agreement 20

10 Status 20

11 Decision 20

12 Changes in design 20

13 Contract Duration 20

14 Time Schedule for Commencement of work 20

15 Program / Milestone 21

16 Progress Report 21

17 Extension of the Intended Completion Date 21

18 Delays Ordered by the Owner: 22

19 Mobilization Activities 22


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CONTENTS

20 Billing Frequency 22

21 Settlement of Contractor’s Bills 22

22 Payment Certificates 24

23 Claim for Extra 25

24 Tax 25

25 Currencies 25

26 Insurance 25

27 Retention 26

28 i) Liquidated damages (not as a penalty) for non-completion 26

ii) Work Completion and Defects Liability Period 26

29 Water and Power 27

30 Invocation of Performance Bank Guarantee and Forfeiture of Retention Money:

27

31 Payment Withheld 27

32 Queries about the Contract Data 27

33 Procedure for Arbitration and Dispute Settlement 27

34 Site Meeting 28

35 Joint Inspection 28

36 Bill of Quantities 29

37 Completion and Defect Liability Period 29

38 Taking Over 29

39 Final Account 29

40 As built drawings & Maintenance Manuals 29

41 Termination 29

42 Force Majeure 31

43 Payment upon Termination 31

44 Severability 31

45 No Waiver 31

46 Entire Agreement 32

47 Headings 32

48 Repetition of relevant Clauses 32

49 Maintenance of One Period 32

50 Special Condition of Contract 32

50 Hand Book 34


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CONTENTS

Qualification Information

Letter of Transmittal

1 Format – A : Structure and Organization of Tenderer 45

2 Format – B : Financial Information 48

3 Format – C : Details of Completed works 49

4 Format – D : Details of Ongoing works 51

5 Format – E : Details of Termination of contract by previous client in the past,

if any 53

6 Format - 1 to 4 and Pre-qualification requirement 54

7 Withdrawal of conditions letter 59

8 Declaration Cum Undertaking 60

9 Appendix - A (Form of Performance Bank Guarantee) & Affidavit 61

10 Appendix - B (Articles of Agreement) 64

11 Annexure -1 (Work Execution Schedule) 68

12 Annexure –2 (Methodology and quality control) 69

13 Annexure–3 (Schedule Site Management Staff) 70


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TICEL BIO PARK LTD

NOTICE FOR COMPETITIVE TENDER

TICEL Invites Tender for “PROVIDING INTERIOR WORKS FOR TICEL OFFICE” AT THE GROUND FLOOR OF TICEL BIO PARK – II, NO.5, CSIR ROAD, TARAMANI, CHENNAI –

600 113

TICEL Bio Park Ltd., a unit of Tamilnadu Industrial Development Corporation Limited (TIDCO)

established at its first biotechnology incubation park. The TICEL Bio Park I in a partial land

extent of 5 acres in Taramani, Chennai, in technical collaboration with Cornell University, USA.

This project was developed at a cost of 54 Cr, with Ground + 5 floor building of 1.5 lakh sq.ft with

state of the art world class laboratory infrastructure and inaugurated on November 2004.

TICEL Bio Park II was constructed in the same campus at a project cost of 168 Cr, with 3

Basement Ground + 12 floor building with car parking in a total built-up area of 6.5 lakh sq.ft,

with state of the art world class laboratory infrastructure. This park was inaugurated on 9th

September, 2015.


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Information and Instructions to the Tenderer

PRE–QUALIFICATIONCRITERIA

TICEL Bio Park Ltd invites Tender for Providing Interior Works for New TICEL Office in Ground floor of TICEL Bio Park- II from the experienced and eligible contractors, who meets the following eligibility criteria:

a) Experience of the Contractor

The TENDERER should be a well-established contractor, having experience of minimum 7 years in the field of Interior Works (Copy of the Certificate of Incorporation from Registrar of Companies (in case of company) or Copies of Acknowledgements issued by IT Department for the last seven year’s (in case of firms) has to be enclosed by the contractor (Format-1)

b) Experience in similar work (Providing Interior works):

The TENDERER should have satisfactorily completed the Interior Works in any building (Format – 2)

Experience of having successfully completed similar Interior Works during the last 3 years ending last day of month previous to the one in which applications are invited should be either of the following:-

i) One similar (Interior Works) completed work, costing not less than the amount equal to Rs.33 Lakhs.

or ii) Two similar (Interior Works) completed works, each costing not less than the amount

equal to Rs.25 Lakhs. or

iii) Three similar (Interior Works) completed works, each costing not less than the amount equal to Rs.17 Lakhs.

The TENDERER should submit LOA or Agreement and Work Completion certificate or Handing over certificates for the above works as part of technical bid.

c) Annual Turnover

Average annual financial turnover during the last 3 years, ending 31st March of the previous financial years, should be minimum Rs.12 Lakhs (Format – 3)

d) Bank Solvency Certificate

The Tenderer should produce Banker’s Solvency Certificate for a value of Rs.17 Lakhs obtained not earlier than three months from the last date of submission of tender, the certificate to be enclosed along with PQ documents (Format – 4)

To satisfy the Pre-Qualification criteria, Tenderer has to submit Certificate of Incorporation from Registrar of Companies & Balance Sheet (duly signed by practicing CA), LOA or Agreement and work completion certificate or handing over certificate as per the prescribed format enclosed in Format – 1 to 4.


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Salient Features and Important Dates

Name of Work Tender for Providing Interior Works for New TICEL Office in the Ground floor of TICEL Bio Park – II, No.5, CSIR Road, Taramani, Chennai – 600 113.

Estimated value (Approx.)

Rs.41.15 Lakhs (Exclusive of GST)

TENDER Documents Cost

TENDER Documents can be purchased during Office Hours / Working Days by payment of Rs.16,800/- (Rupees Sixteen Thousand and Eight Hundred Only) by DD in favour of “TICEL Bio Park Limited” payable at Chennai

Earnest Money Deposit

Rs.50,000/- (Rupees Fifty Thousand only) to be paid by Demand Draft in favour of “TICEL Bio Park Limited, payable at Chennai”.

Taxes The quoted value should be inclusive of GST (The work value and GST value should be shown separately) 18% of GST.

Issue of Tender 27.08.2020 to 10.09.2020 during office hours

Time and date of Pre Bid Meeting

03.00 PM on 03.09.2020 at TICEL Bio Park Ltd, No.5, CSIR Road, Taramani, Chennai – 600 113

Last Date for Submission

11.09.2020 at 03.00 PM at TICEL Bio Park Ltd, No.5, CSIR Road, Taramani, Chennai - 600 113.

Opening of Technical Bids

11.09.2020 at 03.30 PM in the Office of TICEL Bio Park Ltd., No.5, CSIR Road, Taramani, Chennai 600 113.

Tender Validity Period

45 days from the last date of submission of Tender.

Period for work completion

45 days from the date of signing the Agreement.

Defect Liability Period

One year period after 100% completion and handing over of the entire works as certified by TICEL.

Retention Money

10% of the gross value bill will be deducted towards Retention money from each running bill and retention money shall be collected up to 5% of contract sum of the work. The retention money will be returned after the DLP period of 1 year.

Performance Bank Guarantee

10% (Ten Percent Only) of contract value in the form of BG obtained in any Nationalized Bank (inclusive of GST) to be submitted within 10 days from the date of issue of LOA. The Performance Guarantee should be valid up to DLP period of one year with a claim period of six months after end of DLP.

TENDER Inviting Authority

The Managing Director, TICEL Bio Park Ltd, No. 5, CSIR Road, Taramani, Chennai 600 113.

TENDER Document can be downloaded from the website viz. www.ticelbiopark.com and the downloaded document should be submitted with DD for Rs.16,800/-(Rupees Sixteen Thousand and Eight Hundred Only) along with the Bid submission or Tender Documents can be purchased from the Office of TICEL by payment of Rs.16,800/- by DD. The DD should be drawn in favour of “TICEL Bio Park Limited”, payable at Chennai. TICEL Bio Park Ltd. reserves the right to accept / reject anyone / all the TENDERs without assigning any reasons thereof.

http://www.ticelbiopark.com/


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PRESS NOTICE


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1.00 General Information

1.01 TICEL BIO PARK Ltd is a company promoted by Tamilnadu Industrial Development Corporation

Limited (TIDCO) along with TIDEL Park Limited, No.5, CSIR Road, Taramani, Chennai. TICEL Bio Park Ltd. TICEL invites competitive tender for providing Interior works for New TICEL Office at the ground floor of TICEL Bio Park – II.

1.02 DEFINITIONS i. TENDER: Shall mean the set of TENDER Documents submitted by a TENDERER. ii. TENDER DOCUMENT: shall mean set of documents consisting of Techno Commercial

TENDER with Drawings.

iii. CLIENT: TICEL BIO PARK LTD will also be referred as Employer/ Owner. iv. TENDERER: Shall mean firm or Company who has purchased the TENDER documents to

submit for Techno Commercial TENDER to execute the said works.

v. Works: Shall mean “Providing Interior Works for TICEL Office” at TICEL Bio Park – II. The works includes Defects Liability Period (DLP) of one year, after 100% successful completion / handing over of the entire works as certified by TICEL.

vi. Contract: Shall mean the Contract entered into between TICEL BIO PARK LTD and the

successful TENDERER on award of Contract for the works.

1.03 TENDERS are invited by TICEL BIO PARK Ltd, Chennai from reputed, well established and experienced interior Contractors from India for this works for TICEL Bio Park, No.5, CSIR Road, Taramani, Chennai – 600 113. The notice inviting TENDER is published in leading newspapers and also available in website: www.ticelbiopark.com

1.04 TENDER Document can be obtained from the office of the TICEL BIO PARK Ltd, No.5, CSIR

Road, Taramani, Chennai 600 113 from 27.08.2020 to 10.09.2020 upon payment of non-refundable amount of Rs.16,800/- (Rupees Sixteen Thousand and Eight Hundred Only) towards the cost of

one set of TENDER documents in the form of Demand Draft in favour of “TICEL BIO PARK Ltd” payable at Chennai. TENDER documents can also be downloaded from the above website. However, Tender drawings have to be purchased from TICEL Bio Park Ltd., Office, Chennai on payment of Rs.16,800/- in the form of DD drawn in favour of “TICEL BIO PARK Ltd” payable at Chennai, towards the cost of TENDER document.

1.05 TENDER Document can be downloaded from the websites viz. www.ticelbiopark.com and

downloaded document should be submitted with the of DD for Rs.16,800/- (Rupees Sixteen Thousand and Eight Hundred Only) drawn, in favour of “TICEL BIO PARK Ltd” payable at Chennai along with the Bid submission. Purchased Tender documents are not transferable and will be accepted only from the parties who have purchased the documents from TICELBIO PARK Ltd. The TENDER documents purchased / downloaded from the website should be submitted along with TENDER Drawings. The TENDER document submissions without duly signed drawings are considered as invalid submission.

1.06 The TENDER should be submitted in English only. Supporting documents such as Annual Reports,

Balance sheets, Client’s certifications, Testimonials etc., if attached in any other language other than English should be accompanied by its true English translation duly signed for its correctness.




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1.07 The TENDER Document Volume 1 should be submitted in triplicate and Volume 2(BOQ) in typewritten/handwritten form. The TENDERER’S signature and seal of the Firm / Company shall appear on each page of the TENDER document. In volume - 2, the unit rate should be written both in words and figures. In case of any discrepancy between words and figures, the rates written in words shall be taken as final for further evaluation purposes.

1.08 TENDERER should avoid, as far as possible, corrections, overwriting, and erasures or postscripts

in the bid documents. In case, however, any corrections, alterations, changes, erasures, amendments and / or additions have to be made in the tender, they should be supported by dated signatures of the same authorized person signing the Tender documents. All pages of the TENDER document shall be numbered, signed and submitted in a single cover along with a signed letter of transmittal.

1.09 TENDER Document details and enclosures shall be submitted in sealed envelopes and addressed

to TICEL BIO PARK Ltd., No.5, CSIR road, Taramani, Chennai 600 113. Submission of the TENDER documents beyond the stipulated date and time will be summarily rejected. All times and dates mentioned in this TENDER Notice and application are in Indian Standard Time (IST). Indian Standard Time only will be followed for communication and other purposes.

1.10 TENDERS made by telegram, fax, e-mail and those received beyond the stipulated date and time

in post / speed post / courier etc., will be summarily rejected. 1.11 Documents submitted in connection with the TENDER will be treated as Confidential and will not

be returned. 1.12 The cost incurred by TENDERERS in preparing their TENDER, in collecting information, in

providing clarifications or attending discussions, conferences or in making presentations, site visit etc. is the scope of Tenderer.

1.13 At any time prior to the last date of submission of Tender, TICEL may, for any reason, whether on

its own or in response to the clarification request by a prospective Tenderer, modify the Tender document. All prospective Tenderers who have purchased the Tender document will be notified of the amendment in writing, and such amendments/ modifications will be binding on them. All amendments will also be uploaded at Company’s Website (www.ticelbiopark.com)

1.14 TICEL BIO PARK Ltd. reserves the right to reject any or all TENDERS or reduce the scope

without assigning any reasons whatsoever and without any liability to whomsoever.

2.00 BRIEF DESCRIPTION OF PROJECT 2.01 The interior work for TICEL Office considering of providing Civil and Tile work, Carpentry and false

ceiling work, AC, Electrical and Fire Fighting Work, Office furniture, Plumbing, networking and MD room decorating works.

a) In electrical work, the power supply shall be connected with TICEL existing point to panel of New TICEL office. In such a way the provisional should be arranged. b) In ACMV work, the AC work shall be connected with TICEL existing point to TICEL new office. In such a way the provision should be arranged. c) The Fire Fighting System works shall be connected with TICEL existing point to TICEL New office. In such a way the provision should be arranged. d) Finally the office interior work means complete the job and check for functioning in proper way and good for operation in all respect.



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Time is the essence of the project and the entire scope of work including the entire specialist services as above, is to be completed within 45 days with responsibility to cooperate and coordinate, with Owner. The Contractor should also co-operate and co-ordinate with existing operation & maintenance contractors who are carrying out works at TICEL.

2.02 Brief description of the work covered in this Tender:

Name of Work: Providing Interior Works for New TICEL Office in new location at the Ground Floor of TICEL Bio Park- II, No.5, CSIR Road, Taramani, Chennai – 600 113. A Successful bidder shall provide GFC drawing and As-built drawing for all interior work such as Tiles, Electrical, ACMV, Fire Fighting System, etc. Any item not specified nor specifically shown in the Tender drawings, but are normally required to confirm with such intent, are considered part of the work. TICEL reserves the right to make site adjustment and reasonable substitution to ensure proper implementation of the concept in relation to the site condition.

2.03 The Details of Interior Works for New TICEL Office consist under this section includes but not limited to the following:-

a) Civil and Tile work. b) Carpentry and false ceiling work c) AC, Electrical and Fire Fighting Work d) Office furniture e) Plumbing, networking and miscellaneous.

. 2.04 The Tender for Providing Interior Works for New TICEL Office in the new location at TICEL Bio

Park - II., shall assure cooperation, and coordination towards execution and completion of all O&M agencies works such as Electrical, DG sets, ACMV, Fire protection & IBMS, related Civil works etc. engaged by the Owner and ensuring sequential, unhindered and harmonious progress of the work by the target date for completion of Providing Interior Works.

3.00 IMPORTANT CONDITIONS OF CONTRACT

3.01 The Contract shall be item rate contract with unit rates to be quoted in Rupees. 3.02 Condition of Contract will be as per standard practice and duly modified as and when there is a

change in Government regulation / statutory requirement. Performance Bank Guarantee, Retention Money, Defect Liability Period, liquidated damages, default and arbitration relevant Clauses will be followed as per the conditions of contract. The contractor shall be responsible for procurement of all quality materials required for the performance of the contract.

3.03 Since the project is to be implemented strictly on the time schedule, TICEL BIO PARK Ltd. will emphasis the selected contractor to deploy high tech and speedy techniques, high degree of planning, & good procurement and quality check procedures, quality assurance Plan, Environment and Safety Plan to meet the appropriate standards to prepare Program Evaluation Review Technique (PERT) Chart for scheduling the completion of work.


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4.00 ELIGIBLE TENDERERS

4.01 The person signing the TENDER document should be the duly authorised representative of the firm/ company, for which a certificate of authority should be submitted. The Power of Attorney /authority to authorized signatory must be enclosed in detail.

4.02 The price tenders will be opened for those who qualify the eligibility criteria as mentioned in the

relevant Clause No5 as below: 4.03 Any change in the legal status of a TENDERER subsequent to submission of TENDER will be subject

to approval of TICEL BIO PARK LTD with respect to Tender Documents 4.04 TENDERERS under Joint Venture/ Consortium arrangement are not permitted. Therefore, the

TENDER shall be evaluated based on the technical and financial strength of the applicant of their individual capacities and capabilities.

5.00 Pre-Qualification Criteria for Eligibility

a) Experience of the Contractor

The TENDERER should be a well-established contractor, having experience of minimum 7 years in the field of Interior Works. (Copy of the Certificate of Incorporation from Registrar of Companies(in case of company) or Copies of Acknowledgements issued by IT Department for the last seven year’s (in case of firms)has to be enclosed by the contractor.(Format-1)

b) Experience in similar work (Providing Interior Works)

The TENDERER should have satisfactorily completed the Interior Works in any Multi-storied Building / Industrial Building / IT Building / Hotel / institutional building (Format – 2)


i) One similar (Interior Works) completed work, costing not less than the amount equal to Rs.33

Lakhs. or

ii) Two similar (Interior Works) completed works, each costing not less than the amount equal to Rs.25 Lakhs.

or iii) Three similar (Interior Works) completed works, each costing not less than the amount equal to

Rs.17 Lakhs.

The TENDERER should submit LOA or Agreement and Work Completion certificate or Handing over certificates for the above works as part of technical bid.

c) Annual Turnover

Average annual financial turnover during the last 3 years, ending 31st March of the previous financial years, should be minimum Rs.12 Lakhs (Format – 3)

d) Bank Solvency Certificate

The Tenderer should produce Banker’s Solvency Certificate for a value of Rs.17 Lakhs obtained not earlier than three months from the last date of submission of tender, the certificate to be enclosed along with PQ documents (Format – 4)

To satisfy the Pre-Qualification criteria, Tenderer has to submit the Company’s Incorporation

certificate issued by Registrar of Companies & Balance Sheet (duly signed by practicing CA), LOA or Agreement and work completion certificate or handing over certificate as per the prescribed format enclosed in Format – 1 to 4.


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6.00 Site Visit

The site of New Office is located at Ground floor of TICEL Bio Park – II building and may be inspected by the TENDERER or his representative at his own cost, with prior intimation to TICEL BIO PARK Ltd for proper assessment of the prospective assignment before submission of TENDER. The TENDERER should refer to the Site Plan and Location Map enclosed with the Tender drawing.

7.00 Submission of Tender Documents

7.01 To be eligible for Qualification, TENDERERS shall provide evidence to suitability of their meeting the Criteria indicated in Relevant Clause – 5.0 above and furnish details giving their full bio-data, organization, technical experience, plant and equipment’s etc. to establish their capacity and competence, and possession of adequate resources to carry out the contracts effectively and for this, the TENDERS submitted should include the following: (*)

a) Letter of transmittal; as in Appendix - A

b) Copies of original documents defining the legal status of the TENDERER, its structure and

organization, place of registration and principal place of business of the TENDERER in Format – A.

c) Details of Financial Information in Format –B

d) Details of completed works of similar nature in Format-C. Certificates in support of suitability,

technical know-how and capability for having successfully completed at least one work equivalent to an estimated value of the works during the last three years.

e) Details of on-going works of similar nature in Format - D

f) Details of termination of contract by previous client, if any, in Format – E g) A detailed description on the approach methodology to the construction technology proposed,

schedule and type of equipment to be used, names and responsibilities and detailed qualifications of the proposed subcontractors, if any etc.

h) Details of cases of having been barred or blacklisted from the Tendering process, if any. Black-

listed Agencies’ TENDER is liable to be rejected.

i) All governing laws and jurisdiction shall be as per laws in the State of Tamil Nadu and Laws of India and only courts in Chennai shall have jurisdiction over all matters arising out of or relating to this project.

Any deviation from the above said submittal procedures, shall disqualify the TENDERER.

8.00 Final Decision Making Authority

TICEL BIO PARK Ltd reserves the right to accept or reject any TENDER or to reduce the scope, cancel the exercise without having to incur any cost or to assign any reason for its decision to any party whatsoever. TICEL’s decision on prequalifying Tenderers will be final and binding on all the Tenderers.

9.00 Submission of Tender

Sealed TENDERs should be addressed to The Managing Director, M/s TICEL Bio Park Ltd., No.5, CSIR Road, Taramani, Chennai 600 113, and super scribing the name of the TENDER on the top left hand corner of the cover and the name of the TENDERER on the bottom left hand corner of the cover and sent so as to reach the TICEL’s Office not later than 11.09.2020, 03:00 PM.


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The TENDER shall be two cover system / Two-part TENDER system, Cover – I Should Consist Volume – 1 Technical TENDER- the Pre-qualification criteria, conditions of contract and Technical Qualification along with EMD and Tender document fee if downloaded from the Website. Technical Tender should be submitted in Triplicate. (one original and two copies in duplicate). Cover - II Should Consist Volume –2 Price TENDER- Bill of Quantities with respective rates. Price TENDER should be submitted only in the original.

All TENDER drawings obtained from TICEL should be duly signed in original and affixed with the seal of the TENDERER along with the submission of the TENDER Documents. TENDERER should submit the required EMD and document fee (in case tender document downloaded from the website)in separate sealed envelopes duly super scribed on the covers of the Envelope viz. “Document Fee and EMD” along with Cover 1. The Tenders received without EMD and Document fee (in case downloaded from the Website), will be summarily rejected. Any form of excemption of payment in Tender document cost and EMD is rejected.

10.00 Evaluation Method: The method of evaluation will consist of three stages.

First Stage: In this stage,

(a) The Part – 1 containing the EMD will be opened. If EMD is not submitted or is deficient, TICEL Bio Park Ltd., will reject the TENDER submission.

(b) If the document is downloaded from the website and if DD for Rs.16,800/- is not enclosed towards the cost of the TENDER document while submitting the TENDER, TICEL Bio Park Ltd will reject the Tender.

(c) In both cases no further evaluation will be done.

Second Stage: Evaluation will be done on the Technical TENDER to assess whether substantive response has come from the TENDERERS to the basic prequalification criteria along with the documentary evidence as called for. Any clarifications on the submitted TENDER document required for evaluation purpose will be sought from the Tenderer.

Third Stage: In the Third and final stage, the PRICE TENDER of those TENDERERS who satisfies the eligibility criteria will be opened. The TENDERER who has complied with the TENDER conditions in full and quoted the Lowest Rate will be chosen as Lowest TENDERER (L1) for the award of work. TICEL Bio Park Limited reserves the right to call for clarifications and negotiations with the Lowest TENDERER before awarding the work. TICEL BIO PARK LTD. reserves the rights to negotiate with next eligible TENDERER (next lowest quoted Tenderer – L2) in case the L1 Tenderer is not willing to execute the work or not complying with the Terms and Conditions of the Tender or the price quoted by the lowest TENDERER (L1) is found to be unreasonable. TICEL reserves the right to reject the L1 Tenderer without assigning any reasons thereof.

Rates: The quoted rates are inclusive of material, manpower making Good for construction drawing by the contractor and submit the As-built drawing for all components of floor plan, electrical drawing, AC and fire and other relevant works. Also includes lifting ladder facility, any cutting the floor, wall and refilling for laying pipeline, making provision for light fitting in the false ceiling, AC, transport, testing, commissioning and handover with functionable condition. Good for construction drawing prepared by contractor it should be approved by TICEL before commencement of work.


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CONDITIONS OF CONTRACT

TENDER FORM Date:

To The Managing Director, TICEL BIO PARK Ltd. CSIR Road, Taramani. Chennai – 600113.

Dear Sir,

Sub: Tender for “Providing Interior Works for TICEL Office” at Ground floor of TICEL Bio Park – II, No.5, CSIR Road, Taramani, Chennai – 600 113

Ref: Tender notice issued by TICEL BIO PARK Ltd in Newspapers ----------.2020.

1) We confirm that we have examined the tender documents including drawings, specifications and bill of quantities relating to the execution of the works specified in the memorandum hereinafter set out and having visited and examined the site of the works specified in the said memorandum and having acquired the requisite information relating thereto as affecting the tender.

2) We hereby offer to execute the works specified in the said memorandum within the time specified in the said memorandum at the rates mentioned in the attached bill of quantities and in accordance in all respects with the specifications, designs, drawings and instructions in writing referred to in conditions of tender, the Articles of Agreement, Special Conditions, Bill of Quantities and Conditions of Contract and with such materials as are provided for, by, and in all other respects in accordance with such conditions so far as they may be applicable.

3) The memorandum & relevant details are specified as below.

MEMORANDUM

a) Description of works: Tender for Providing Interior Work for new TICEL office. b) Value of works: INR 41.15 Lakhs only (Exclusive of GST) c) Earnest Money deposit Rs.50,000/- (Rupees Fifty Thousand only) to be paid in

Demand Draft from any Nationalized Bank in favour of “TICEL Bio Park Limited, payable at Chennai.

d) 10% of the gross value bill will be deducted towards Retention money from each

running bill and retention money shall be collected up to 5% of contract sum of the work. The retention money will be returned after the DLP period of 1 year.

e) Date of Commencement of work: Date of singing of Agreement f) Time allowed for completion of the work for Providing Interior Works is 45 days from

the date of signing of Agreement


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4) We M/s ……………………… hereby agree to abide by and fulfill the terms and provisions of the said Conditions of Contract annexed hereto so far as they may be applicable or in default thereof to forfeit and pay to TICEL BIO PARK Ltd, Taramani, Chennai, the amount mentioned in the said contract.

5) We hereby agree to abide by this tender for the period of 45 days from the date fixed for receiving the same and it shall remain binding upon us and may be accepted at any time before the expiration of that period without any additional cost.

6) We hereby undertake that, in the event of this tender being accepted by TICEL BIO PARK Ltd, we agree to execute an Agreement in the form annexed hereto, within 15 days from the date of issue of LOA.

7) I / We have deposited a sum of Rs.50,000/- (Rupees Fifty Thousand Hundred only) as Earnest Money in the form of DD from …………………….. Bank, in favour of “TICEL Bio Park ltd”, Payable at Chennai and this amount does not bear any interest. Should I / We fail to execute the contract when called upon to do so, I / We do hereby agree that this sum shall be forfeited by TICEL BIO PARK ltd, Chennai.

8) If this tender is accepted by TICEL Bio Park ltd, we agree to provide a Performance Bank Guarantee for a sum equivalent to 10% of the work order value (inclusive of GST) from any Nationalized Bank to be given within 10 days from the date of issue of LOA. The Performance Bank Guarantee should be valid up to DLP period of one year with a claim period of six months after end of DLP.

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

10) We agree that TICEL Bio Park ltd reserves the right to accept / reject any one / all the tenders without assigning any reasons thereof.

11) Our Main bankers are: (Kindly state name, address & phone)

i)

ii)

12) Names of partners of our firm / Directors of our company are: (Kindly state name, address & phone)


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13) The names of the partner of the firm / Director’s of our company authorized to sign:

Or

Name of person having power of attorney to sign The contract (certified true copy of power of attorney Should be attached) (Kindly state name, address & phone)

Yours faithfully,

Signature of Tenderer (Authorized Signatory of the company

With Board resolution reference and common seal of company)

WITNESSES: i) Signature: Occupation: Address:

ii) Signature: Occupation: Address:


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A. GENERAL

1. Definitions

The Owner: M/s TICEL Bio Park Ltd, Chennai.

The Contractor:________________________________________

Terms which are not defined in the Contract Data but defined in the Conditions of Contract keep their defined meanings.

Architect / Owner / Project Manager shall mean “Owner” the person appointed by the Owner to act as Owner to control, monitor, co-ordinate and execute all constructional activities and contractual obligations for the purpose of the contract.

Bill of Quantities means the priced and completed Bill of Quantities (Volume II forming part of the Tender).

The word ‘Client / Owner’ in the tender documents / Contract Documents is the term used to address the Owner by the Contractor to indicate the link between the two.

The Completion Date is the date of completion of the Works as certified by the TICEL satisfactory handing over to the owner.

The Contract is the contract between the Owner and the Contractor to execute, complete and maintain the Works.

The Contract Data defines the documents and other information which comprise the Contract.

The Contractor is a person or corporate body who have participated in the Tender to carry out the Works has been accepted by the Owner.

The Contractor's Tender is the completed Tender document submitted by the Contractor to the Owner.

The Contract Price is the price stated in the Letter of Award and thereafter as adjusted in accordance with the provisions of the Contract.

A Defect is any part of the Works not completed / not complied in accordance with the Contract.

The Defects Liability Period is the one year period after 100% completion and handing over of the entire works as certified by the TICEL.

Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the Works.

The Initial Contract Price is the Contract Price listed in the Owner's Letter of Award.

The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion Date may be revised only by the Owner as recommended by the TICEL by issuing an extension of time.

Materials are all supplies, including consumables, used by the contractor for incorporation in the Works.

The Site is the area defined as such in the Contract Data.

Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the TICEL.

The Start Date is given in the Contract Data. It is the date when the Contractor shall commence execution of the works from the date of signing the Agreement.


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A Subcontractor is a person or corporate body who has a works Contract with the Contractor to carry out a part of the work in the Contract which includes work on the Site.

Temporary Works are works designed, constructed, installed, and removed by the Contractor which are needed for construction or installation of the Works.

A Variation is an instruction given by the TICEL which varies the Works.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Owner will provide instructions clarifying queries about the Conditions of Contract.

2.2 If sectional completion is specified in the Contract Data, references in the Conditions of Contract to the

Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion date for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order of priority:

(1) Letter of Award, is the acceptance of the contractor’s tender by the owner

(2) Agreement

(3) Tender documents (Volume- 1, 2 &Drawings and clarifications if any issued during pre-bid meeting).

(4) Notice inviting tender

(5) Conditions of Contract

(6) Specifications

(7) Drawings

(8) Bill of quantities and

(9) Any other document listed in the Contract Data as forming part of the Contract.

2.4 All those mentioned as such in the Agreement and shall include their legal representatives, assigns or successors. They are treated throughout the Contract Document as if each were of the singular number and masculine gender.

3. Language and Law The language of the Contract and the law governing the Contract are stated in the Information and

Instruction to Tenderer as per the Tender conditions.

4. Pre-Bid Meeting and Clarifications A pre-bid meeting will be held at 03.00 PM on 03.09.2020 at TICEL BIO PARK, No.5, CSIR Road,

Taramani, Chennai – 600 113. Clarifications required by the Tenderers may be sought in writing from TICEL Bio Park Ltd with copy marked to TICEL to their address given elsewhere in the document well in advance, and in any case not later than 5 (five) days before the date of pre-bid meeting. Clarifications issued by TICEL Bio Park Ltd and the minutes of pre-bid meeting, which form part of the Agreement will be sent to all Tenderers. No queries written or oral shall be entertained after the Pre-Bid meeting.

Tenderers should sign the minutes of Pre-bid meeting as a token of their acceptance and enclose copy

along with Cover 1, while submitting tender documents.


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5. Cost of Tender Preparation: The TENDERERS shall themselves be responsible for all the costs incurred in preparing, collecting

information, providing clarifications or attending discussions, conferences or in making presentations, site visits etc for submission of the TENDER. No claim for reimbursement on this account will be entertained by the Owner.

5.1 No Conditional Tender: TICEL BIO PARK Ltd, discourages stipulation of additional conditions by the Tenderers, as they are expected to accept the various provisions and conditions in the Tender documents. No conditional offer will be accepted.

5.2 Signing of Tender: Tenderers must sign and affix their seal in all pages of the original copy of the Tender and also original Tender drawings. The name of the Tenderer shall appear on each page of the Tender documents.

5.3 Covering Letter to Tender: The covering letter shall not contain any reference to the amount quoted on the Tender or any financial aspect of Tender. The covering letter shall be enclosed within the sealed Cover 1 of the Tender along with Earnest Money Deposit.

6. Submission by Post / Courier / in Person If the sealed Tenders are sent by post or courier service, the Tenderers should ensure that the Tenders are posted or dispatched with sufficient time so that the Tenders are received by the Owner, at their office in Chennai, within the stipulated deadline. The cover shall be addressed to The Managing Director, TICEL Bio Park Ltd, CSIR Road, Taramani, Chennai-600 113, INDIA. If the Tenders are to be delivered in person at the above address, the sealed Tenders shall be deposited before the stipulated deadline, at the aforesaid office. Owners will not be held responsible for any delay in receipt of tenders due to postal / courier service. Tenders sent by telegram, fax, e-mail or telex and those received late will be summarily rejected.

7. Earnest Money Deposit: Tenderer should submit a earnest money deposit for a sum of Rs.50,000/- (Rupees Fifty Thousand only) by DD from any nationalized Bank in favor of “TICEL BIO PARK Ltd” payable at Chennai

A Tender which is not accompanied by DD for EMD will not be considered for further process. The earnest money deposit will be returned to the chosen Tenderer after the Tenderer submits Performance Bank Guarantee of 10% of Contract sum.

E.M.D. of unsuccessful Tenderer will be returned after the conclusion of the tender process.

7.1 Forfeiture of EMD The EMD paid by the Tenderer will be forfeited if: a. Fails or refuses to execute the Contract Agreement b. Seeks for modification to the agreed terms and conditions in the Tender after submission. c. Withdraw within the validity period of the Tender. d. Try to influence in the Tender Evaluation or false information provided for Pre-qualification. e. If the contractor fails to furnish the Performance Bank Guarantee within 10 days from the date of

issue of LOA.

7.2. Retention Money 10% of the gross value bill will be deducted towards Retention money from each running bill and

retention money shall be collected up to 5% of contract sum of the work. The retention money will be returned after the DLP period of 1 year.

8. Performance Bank Guarantee: The contractor shall deposit a Performance Bank Guarantee for due performance of the contract for a

sum equivalent to 10% of the work order value (inclusive of GST) from any Nationalized Bank and it is to be submitted within 10 days from the date of issue of LOA. The Performance Bank Guarantee should be valid up to DLP period of one year (including free maintenance period of One year) with a claim


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period of six months. After end of DLP, Performance Bank Guarantee to be given in the format appended herein,. Contractor shall re- validate the Performance Bank Guarantee given, suitable to the Contract Value, when so called for the execution and due fulfillment of the Terms and Conditions mentioned in the Contract. .

9. Signing of Agreement: On receipt of intimation from the Owner of the acceptance of his/their Tender (Letter Of Award), the

successful Tenderer shall be bound to implement the contract. Further the successful tenderer shall sign an agreement in accordance with the agreement and the Schedule of Conditions. The agreement should be signed within 15 days from the date of the LOA issued.

10. Status

During visits and on the basis of his observations while at the site he shall keep the Owner informed of the progress of the work, shall endeavor to guard the Owner against defects and deficiencies in the work of the Contractor and he shall condemn work which fails to conform to the Contract document. OWNER shall have authority to act to the extent expressly provided in the Contract Document or otherwise in writing which shall be shown to the Contractor. They shall have authority to stop the work whenever such stoppage may be necessary in his reasonable opinion to ensure the proper execution of the Contract.

TICEL shall be in the first instance the interpreter of the Conditions of this Contract and the judge of its

performance. He shall side neither with the Owner nor with the Contractor but shall use his powers under the Contract to enforce its faithful performance by both.

11. Decision: Owner shall within a reasonable time make decisions on all claims of the Contractor and all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents.

Owner will do time to time issue further Drawings, details and/or written instructions, written

directions and written explanations in regard to:

A. Variation or modification of the design. B. The quality or quantity of works of the additions or omission or substitution of any work. C. Any discrepancy in or divergence between the Drawings and / or specifications. D. The removal and/or re-execution of any defective works executed by the Contractor. E. The dismissal from the works of any persons employed thereon. F. The opening up for inspection of any work covered up. G. The amending and making good of any defects under Defects Liability Period. H. The removal from the site of any materials brought thereon by the Contractor and the substitution of

any other material therefore.

12. Changes in design: The Contractor shall carry out all the work strictly in accordance with Drawings, details and instructions of the Owner. Owner changes have to be made in the design and with the prior approval in writing of the Owner they desire the Contractor to carry out the same, the Contractor carry out the same without any extra charge. TICEL’s (Owner) decision (with the approval of owner) in such cases shall be final and binding on the Contractor.

13. Contract Duration: It shall be clearly understood by the contractor that the period of completion of the whole Interior Works shall be 45 days (including Sundays and days of inclement weather) considering the early completion of this works.

14. Time Schedule for Commencement of work Time allowed for carrying out the work as mentioned in the Memorandum shall be strictly observed by the Contractor and it shall be reckoned from the date of signing of agreement. The successful tenderer shall before commencing work shall prepare a detailed work program.


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15. Program / Milestone: The successful tenderer shall prepare and submit for approval a Master Programme schedule in line with the requirements of the Owner indicating level-wise completion dates keeping the end dates of mile stones as specified for the completion of entire work. The Contractor should follow and comply strictly with the approved Master Programme, intermediate milestones and adhere to the level-wise completion dates indicated in the Programme schedule as specified in the Annexure –I. The Contractor shall also prepare a detailed work progress schedule in the form of PERT CHART, for the whole work, within one week of the award of work and seek the approval of the Owner. Any modifications required in the opinion of the Owner, in the program so submitted, shall be duly incorporated by the Contractor, which shall form the basis to track the project. The Contractor shall also submit his cash flow chart prior to commencement of work and at various stages of the work. Project Schedule with stage wise milestone is enclosed as Annexure-I

16. Progress Report:

The Contractor shall submit progress report every week which shall indicate but not be limited to the following:

a. Bottleneck if any and action proposed.

b. Actual v/s planned progress in percent

c. Activities completed in the reporting period

d. On-going current activities

e. Critical activities to be undertaken and completed in current month

f. 2 weeks look ahead

g. Slippage’s and action proposed

h. Material procurement plan – indicating current stocks

In the event of overall slippage exceeding permissible limit as decided by the Owner, the Contractor shall submit a report for the slippages and shall revise their planning schedule. The Contractor shall submit a report explaining necessary course of action to be taken to overcome such slippage in future and steps taken to meet the target dates of completion based on revised work schedule.

17. Extension of the Intended Completion Date

1. The intended completion date may be extended by the Owner upon approval by the Owner if a request is made by the Contractor in writing to the Owner / Owner with full supporting information that the delay is due to an inclusion of extra work occurs or a Variation is issued which makes it impossible for Completion to be achieved within Intended Completion Date.

2. The Owner have issued instructions in regard to the postponement of any work under the provisions of

this contract.

3. The force majeure or by any exceptionally inclement weather.

4. The reason of civil commotion. 5. By reason of the opening up for inspection of any work covered up in accordance with relevant Clause

of these conditions (including making good in consequence of such opening up or testing).At the time of inspection if it is found that the materials were not in accordance with this Contract then the contractor has to replace the materials within the extended completion period without fail at the Contractor’s cost.


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The Owner shall estimate the fair and reasonable extension of time for completion of works and recommend in writing to the Owner for extending the completion date.

18. Delays Ordered by the Owner:

Owner may instruct the Contractor to delay the start or progress of any activity within the Works. The Contract be proceeded with all due diligence and if the Contractor fails to complete the work within the specified period he shall be liable to pay liquidated damages (not as penalty) as defined in Clause 29(i) of the Conditions of Contract.

19. Mobilization Activities: The contractor shall in full earnest make the following arrangements required to attempt the works in a

manner to aid completion within contract duration. Establishment of temporary site infrastructure such as,

1. Water & Power supply connections. 2. Procurement of clearance as per statutes to proceed with works. 3. Security & safety arrangements 4. Deploy Tools, Equipment’s, Machinery to commence works 5. Set up floodlighting 6. Material store room.

The contractor before the commencement of mobilization period shall provide the Owner a layout of such proposed temporary infrastructural facilities, for scrutiny & approval. On completion of mobilization as per the Owner instruction, the contractor shall have themselves issued with a certificate, stating completion of mobilization, by the Owners.

20. Billing Frequency: The contractor shall submit running bills for the extent of works completed once in every month or for

an amount not less than 10% of the contract sum, whichever is higher, for due scrutiny by Owners & further settlement by the owners.

21. Settlement of Contractor’s Bills:

21.1 The Contractor shall submit running bills as mentioned herein, to the Owner for acceptance, due scrutiny & further approval. The Owner upon acceptance of bills from contractor shall issue certification for settlement of the amount claimed by the contractor. The payment shall be effected by owners, not later than 7 days upon receiving Owner certificate for payment.

Owner shall certify the running account bills within 15 days from the date of submission of bills in complete shape by the Contractor with all required enclosures, attachments etc. The Owner shall make payment within 15 days from the date of certification of bills by the Owner and validation by owners

Deductions in Interim Payments: a. 10% of the gross value of bill will be deducted towards retention money from each running bill until the retention money amounts to 5% of the contract sum of work. b. Secured advance, if any, paid on specified materials shall be recovered full in the next running bill. c. Any other applicable deductions as per Conditions of Contract. d. Other applicable deductions as required by statutory regulations.

21.2 Terms of Payment: a) No Mobilization advance and secured advance. b) The contractor shall be paid by TICEL time to time under interim payment on accounting

were executed. c) Three running bills are permitted. Each running bill cost should not less than Rs.10 lakhs.


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All payments by the Owner under this Contract will be made through banking channel within the specified period based on detailed recorded measurements and certification of bills by the Owner. All such interim / progressive payments shall be regarded as payment by way of advances against final payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be rejected, removed, taken away and reconstructed or re-erected. Any certificate given by the Owner relating to the work done or materials delivered forming part of such payment, may be modified or corrected by any subsequent such certificate(s) or by the final certificate and shall not by itself be conclusive evidence that any work or materials to which it relates is / are in accordance with the contract and specifications. Any such interim payment, or any part thereof shall not in any respect conclude, determine or affect in any way powers of the owner under the contract or any of such payments be treated as final settlement and adjustment of accounts or in any way vary or affect the contract or right of the Owner under the terms of the contract.

21.3 Payment of part rates:

The Contractor shall submit his final bill for the works within three months of completion of works. The bill shall be based only on works as measured and at accepted agreement rates including rates for any additional or extra work which might have been sanctioned by the Owner. All deductions due under the contract shall be made.

Final Bill Final bill shall be submitted by the Contractor within fifteen days from the date of completion of works.

Final bill Payment The contractor’s final bill shall be certified by Owner and validated by Owner for settlement, within 30 days upon acceptance.

The Owner shall make payment for the final bill within one month from the date of certification of final bill by the Owner and validated by owner.

Deduction in Final bill: a. Applicable deductions as per Conditions of Contract. b. Any money recoverable from the Contractor. c. All interim payments effected.

22. Payment Certificates 22.1The Contractor shall submit to the Owner monthly statements of the estimated value of the work

completed less the cumulative amount certified previously along with details of measurement of the quantity of works executed in a tabulated form as approved by the Owner.

22.2 At the end of the period of Interim Certificate named in the Contract data to these Conditions the

Owner shall issue a certificate stating the amount due to the Contractor from the Owner, and the Contractor shall be entitled to payment thereof within the period for honoring certificates named in the Contract data to these Conditions. Interim certificates of bills will be as per Clause 22 of this volume.

The amount stated as due in an Interim Certificate shall subject to any agreement between the parties as to stage payments, be the total value of the work properly executed and of the materials and goods delivered to or adjacent to the work for use thereon up to and including a date not more than seven days before the date of the said Certificate less any amount which may be retained by the Owner (as provided in this relevant Clause of this Condition), provided that such certificate shall only include the value of the said materials and goods as and from such time as they are reasonably, properly and not prematurely brought to or placed adjacent to the work and then only if adequately protected against weather or other casualties.


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The Owner may retain the percentage of the total value of the work, materials and goods referred to in this relevant Clause of this Condition which is named in the appendix to these Conditions as retention percentage. Provided always that when the sum of the amounts so retained equals the amount named in the said appendix as limit of retention money. No further amounts shall be retained by virtue of this relevant Clause. The measurement and valuation of the work shall be completed within the period of final measurement and valuation stated in the these Conditions, and the Contractor shall be supplied with a copy of the priced bills of variation not later than the end of the said period and before the issue of the Final Certificate under this Relevant Clause of this Condition. Either before or within a reasonable time after Completion of the work the Contractor shall send to the Owner all documents necessary for the purposes of the computations required by these Conditions including all documents relating to the accounts of Direct sub-Contractors and Suppliers. In the settlement of accounts, The amounts paid or payable under the appropriate contracts by the Contractor to sub-Contractors or suppliers should be paid by the contractor respectively. The amounts paid or payable in respect of any insurance maintained in compliance with Clauses 29 of these conditions, The Tender Sum (or such other sum as appropriate in accordance with the terms of the tender) for any work is accepted, and the value of any work executed by the Contractor for which a provisional sum mentioned in the Contract Bills or arising under Owner’s instructions issued under relevant Clause of these Conditions as the case may be, and the balance, after allowing in all cases pro-rata for the Contractor’s profit at the rates shown in the Contract Bills, shall be added to or deducted from the Contract Sum. Provided that no deduction shall be made in respect of any damages paid or allowed to the Contractor by any Sub-Contractor or supplier. So soon as is practicable but before the expiration of the period the length of which is stated in the appendix to these Conditions from the end of the Defects Liability Period also stated in the said appendix or from completion of making good defects under Clause29 and\ 29(ii) of these conditions or from receipt by the Owner of the Documents referred to in this Relevant Clause of these Conditions, whichever is the latest, the Owner shall issue the Final Certificate. The Final Certificate shall state: The sum of the amount paid to the Contractor under Interim Certificate and the amount named in the said appendix as limit of Retention Money, and the Contract Sum adjusted as necessary in accordance with the terms of these conditions, and the difference (if any) between the two sums shall be expressed in the said Certificate as a balance due to the Contractor from the Owner or to the Owner from the Contractor as the case may be, and subject to any deductions authorized by these conditions, the said balance shall as from the 30th day after the issue of the said Certificate be a debt payable as the case may be by the Owner to the Contractor or by the Contractor to the Owner. The said certificate shall be conclusive evidence in any proceedings arising out of this Contract that the works have been properly carried out and completed in accordance with the terms of this Contract and that any necessary effect has been given to all the terms of this Contract which require an adjustment to be made to the Contract sum, except and in so far as any sum mentioned in the said certificate is erroneous by reason of:- Fraud dishonesty or fraudulent concealment relating to the works, or any part thereof, or to any matter dealt with in the said Certificate: or


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Any defect (including any omission) in the works, or any part thereof which reasonable inspection or examination at any reasonable time during the carrying out of the works or before the issue of the said Certificate could not have disclosed: or Any accidental inclusion or exclusion of any work, materials, goods or figure in any computation or any arithmetical error in any computation. Save as aforesaid no Certificate of the Owner shall of itself be conclusive evidence that any works materials or goods to which it relates are in accordance with this Contract. All payments shall be subject to tax deduction at source in accordance with applicable law. The Contractor shall be responsible for payment of all duties and taxes including GST), for which the Contractor shall not be entitled to any additional consideration.

23. Claim for Extra When any instruction or decision given at site involves extra work or where the Contractor may plan to claim an extra, it shall be the responsibility of the Contractor to inform the Owner of the extra amount and get written authorization from the Owner with the approval of the Owner before proceeding with the work involved. Any modification carried out for expediting or simplifying work at the request of the Contractor or his representatives shall not be taken as the basis for claiming an extra. However, if such modification shall also involve an extra rate, the rate for such modification shall be settled in advance with written authorization obtained by the Contractor from the Owner before proceeding with the work involved. If no such information is given by the Contractor in writing to the Owner such modification shall not be accepted as the basis for extra charge.

24. Tax The rates quoted by the tenderers / contractors should be exclusive of GST and the same will be payable by M/s TICEL Bio Park Ltd over and above the Schedule of Rates. GST or any other tax and duties on input material or services used by contractor in respect of this contract shall be payable by the contractor and M/s TICEL Bio Park Ltd will not entertain any claim whatsoever in this respect. Prices quoted are inclusive of all applicable taxes and Duties except GST. GST shall be paid extra at applicable rates subject to submission of tax invoices as per rules under GST Law. M/s TICEL Bio Park Ltd shall deduct GST at source at applicable rates in case transactions under this contract are liable to GST deduction at source. Under GST regime, the contractor is required to correctly and timely disclose the details of output supplies to TICEL as per GST rules in his GST returns. Non compliance would result in mismatching of claims and denial of input tax credit to TICEL. Notwithstanding anything contained in agreement/contract, in case of such default by the contractor the amount of input tax credit denied in GST along with interest and penalty shall be recovered from the contractor

25. Currencies

All payments shall be made in Indian Rupees.

26. Insurance: NA


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27. Retention: 10% of the gross value bill will be deducted towards Retention money from each running bill and retention money shall be collected up to 5% of contract sum of the work. The retention money will be returned after the DLP period of 1 year.

28. (i) Liquidated damages (not as a penalty) for non-completion

The progress of work will be constantly monitored by the Owner, Time is the essence of the contract and the project is time bound. The Contractor shall prepare a detailed work progress schedule in the form of PERT CHART, for the whole work, within One week of the award of work, and seek the approval of the Owner. Any modifications required in the opinion of the Owner, in the program so submitted, shall be duly incorporated by the Contractor, which shall form the basis to track the project. Should there be delay in completion of the work in accordance with the PERT. Chart submitted and approved, then the contractor is liable to pay to the owner liquidated damages (though not as penalty) for non- achievement of work progress schedule. If the Contractor fails to complete the works within the specified period or within any extended time of these conditions and the Owner certifies in writing that in his opinion the same ought reasonably so to have been completed, the Contractor shall pay or allow to the Owner a sum calculated at the rate stated in the appendix (0.02% (Zero decimal zero two per cent of the contract sum per day of delay subject to a maximum of 10% of the contract value. The period of delay shall be as opined by the Owner which is final and binding on the contractor) as agreed Liquidated damages (not as a penalty) for the period during which the said work shall so remain or have remained incomplete, the Owner may deduct such damages from any monies otherwise payable to the Contractor under this Contract. The Contractor acknowledges and agrees that the sum specified above has been calculated by the parties as representing the likely daily loss to the Owner as a result of any delays, there being no other breaches under the Contract, and is accordingly by way of liquidated damages and not a penalty.

28. (ii) Work Completion and Defects Liability Period

When in the opinion of the Owner / Owner the entire Works are practically completed and handed over, the shall forthwith issue a certificate to that effect and Completion of the Work shall be deemed for all the purpose of this Contract have taken place on the day named in such certificate. Any defects shrinkages or other faults which shall appear within the "Defects Liability Period" stated in the appendix to these conditions and which are due to materials and workmanship not in accordance with this Contract shall be specified by the Owner in a Schedule of Defects which he shall deliver to the Contractor not later than 15 days after the expiration of the said Defects Liability Period and within 15 days after receipt of such Schedule the Defects Shrinkages and other faults therein specified shall be made good by the Contractor and unless the Owner shall otherwise instruct in which case the Contract Sum shall (be adjusted accordingly) entirely at his own cost. The contractor has to rectify the defects within 15 days from the date of receipt of schedule of defects without fail. Provided that no such instruction shall be issued after 15 days from the expiration of the said Defects Liability Period.


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Notwithstanding relevant Clause of this Condition the Owner may whenever he considers it necessary so to do, issue instructions requiring any defect, shrinkages or other fault which shall appear within the Defects Liability Period named in the appendix to these conditions and which is due to materials and workmanship not in accordance with this Contract to be made good and the Contractor shall within 15 days after receipt of such instructions comply with the same (and unless the Owner shall otherwise instruct in which case the Contract sum shall be adjusted accordingly) entirely at his own cost.

29. Water and Power: Will be provided by TICEL against the payment by contractor as per

TICEL Terms and Conditions.

30. Invocation of Performance Bank Guarantee and Forfeiture of Retention Money: The amount covered by Performance Bank Guarantee submitted by the successful tenderer and the Retention Money retained by the Owner under Clause28 of these instructions will be invoked and forfeited respectively, if the Contractor fails to comply with any of the condition of the Contract.

31. Payment Withheld The Owner / Owner may withhold Payment on account of subsequently discovered evidence nullify the whole or a part of any certificate to such extent as may be necessary in his reasonable opinion to protect the Owner from loss on account of:

a) Defective work not remedied.

b) Failure of the Contractor to make payments properly to or Direct sub-Contractor or for materials or labour.

c) Damage to another Contractor or Other Specialist Contractors.

d) Claims filed on reasonable evidence indicating probable filing of claims.

e) When the above grounds are removed payment shall be made for amounts withheld because of them.

32. Queries about the Contract Data The Owner will clarify queries on the Contract Data during Pre-bid (Tender) Meeting.

33. Procedure for Arbitration and Dispute Settlement

33.1 All disputes and differences of any kind whatsoever arising out of or in connection with the Contract, whether during the progress of the works or during the Defect Liability Period shall be referred by the Contractor to the Owner and the Owner shall within a reasonable time after their presentation make and notify decisions thereon in writing. The decisions, directions, clarifications, measurements, drawings and certificates of the Owner shall be final and binding upon the Contractor during the progress of the works and shall not be set aside on account of non-observance of any formality, any omission, delay or error in proceeding in or about the same or on any other ground or for any reason.

33.2 If the Contractor is dissatisfied with the decisions of the Owner or if the Owner fails to make a decision on any reference within a reasonable time, then and if in any such case, the Contractor may after 45 days of the reference to the Owner refer the excepted matters under Clauses 11, 12, 17, 30, 37, 47 and48 to arbitration. The reference to arbitration shall specify the matters which are in question, dispute or differences and only such dispute or differences of which the demand has been made shall be referred to arbitration. Notwithstanding the reference to arbitration, the Contractor shall continue to duly perform his obligations under the Contract.

33.3 The arbitration shall be conducted in accordance with the provisions of the Indian Arbitration and

Conciliation Act, 1996 amended upto date. Each party shall appoint an arbitrator and the arbitrators so appointed shall appoint a presiding arbitrator. The language of the proceedings shall be in English. The governing law shall be the laws in the State of TamilNadu and of India, as applicable. The venue of the arbitration shall be in Chennai”.


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33.4 Provided always that the Owner shall not withhold the payment of an Interim Certificate nor the Contractor except with the consent in writing of the Owner in any way delay the carrying out of the works by reason of any such matters, question or dispute being referred to Arbitration but shall proceed with the work with all due diligence and shall, until completion of Arbitration proceedings, relieve the Contractor of his obligations to adhere strictly to the Owner instructions with regard to the actual carrying out of the works.

Further disagreement, if any, after the Arbitration Award may be resolved through Court of Law. All such disputes arising out of matters in connection with this agreement shall be deemed to have arisen at Chennai and only courts in Chennai shall have the jurisdiction to determine the same.

The work shall however be progressed as per time scheduled, independent of such exigencies unless the Owner desires otherwise.

34. Site Meeting The business of the site meeting shall be to review the plans for remaining work and to deal with

matters raised in accordance with the early warning procedure.

The Owner will convene these meetings weekly at site at a pre-arranged time to discuss or problems which may have arisen or seem likely to arise during the course of the works.

The Owner’s representative will also attend site meetings convened by the Owner.

The Owner shall record the business of site meetings and is to provide copies of his record to those attending the meeting and to the Owner. The responsibility of the parties for actions to be taken is to be decided by the Owner and Owner either at the site meeting or after the meeting in consultation with Owner and stated in writing to all who attended the meeting and the Owner. The Owner shall chair the meetings at which the Contractor’s Foreman and any other person whom the Owner consider desirable, including the Contractor’s subcontractors shall be present, and the Contractor shall make all arrangements to ensure their presence. The Owner shall record the business of the meeting and shall arrange for copies to be distributed to all present prior to the next meeting.

Quality assurance records shall be produced during site meetings.

Site meeting will be called at regular intervals and the Contractors or his senior representative will be required to be present at such meetings to discuss progress of the work and other matters including any deviation from the drawings or specifications.

35. Joint Inspection: The Owner’s / Owner’s representatives shall conduct joint inspection with the Contractor’s authorized representative at every stage of the work, immediately upon completion of such stage of works. The purpose of the joint inspection is to observe and record any deviations from the specified tolerances / levels, plumb or any quality defects or any such issues which require immediate attention / action from the Contractor to make good or rectify such defects or observations jointly recorded. Such joint inspections can be held at any time as deemed fit and shall be binding on the Contractor to act upon and implement without any extra cost the directions arising out of such joint inspections. Failure / delay in holding such joint inspections shall not absolve the Contractor from his responsibilities to rectify any defects which may be subsequently noticed at any time after the respective stages of work.


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36. Bill of Quantities 36.1 The Bill of Quantities given in Volume II is provisional and is meant to indicate the intent of the work

and to provide a uniform basis for tendering. The Owner/Owner reserves the right to increase or decrease any of the quantities or omit any item of work and the Contractor shall not claim any extras or damages on these grounds. However, the limit to the extent of such variations shall not vary +25 % of each BOQ line items without any change in the rates provided for BOQ line items. The final value of the work done should not exceed 15% of the overall Contracted Price.

36.2 The Bill of Quantities shall contain items for the construction, installation, testing, and commissioning

work to be done by the Contractor.

36.3 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the work done at the rate in the Bill of Quantities for each item.

37. Completion and Defect Liability Period – Refer Paragraph 29 (i) & (ii)

38. Taking Over If at any time or times before Work Completion (completion of entire work as per contract) of the work the Owner with the consent of the Contractor shall take possession of any part or parts of the same as may be needed by the Owner on any exigencies then notwithstanding anything expressed or implied elsewhere in this Contract:- Such part or parts shall not be deemed to be Virtually Complete.

Work Completion of such part or parts shall be considered for the purpose of taking over only and all provisions under this contract shall be complied with till the entire work is completed and Owner’s Certificate issued to that effect.

39. Final Account The Contractor shall submit to the Owner a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Owner shall issue a Free from Defects Certificate and certify any final payment that is due to the Contractor within 30 days of receiving the Contractor's account if it is correct and complete. If it is not, the Owner shall issue within 30 days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Owner shall decide on the amount payable to the Contractor and issue a payment certificate within 30 days of receiving the Contractor’s revised account.

40. As built drawings

40.1 Five sets of as built drawings in hard copy &in electronic format (PDF format and editable DWG version) shall be issued by contractors to owners upon completion of the contract.

41. Termination

41.1 The Owner or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.

41.2 Termination by the Owner

a) Default If the Contractor shall make default in any one or more of the following respects:- If he without reasonable cause wholly suspends the carrying out of the works before completion thereof, or If he abandons the Contract, or If he fails to proceed regularly and diligently with the works, or If he fails to adhere to the agreed program of schedule, or


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if he refuses or persistently neglects to comply with a written notice from the Owner requiring him to remove and redo / replace at his cost defective work or substandard work or improper materials or goods and by such refusal or neglect the work is materially affected, or If the progress of any particular item or items is slow, or If he has failed to execute the work in accordance with the terms and conditions of the Contract, or If he is persistently or flagrantly neglecting to carry out his obligation under the Contract, or If he fails to take steps to employ competent or additional staff and labour or to deploy additional tools and plants and equipments as required for scheduled completion of work. Then the Owner / Owner may give him a notice by registered post or recorded delivery specifying the default, and if the Contractor either shall continue such a default for 14 days after receipt of such a notice or does not commence and diligently to remedy such default with 14 days or shall at any time thereafter repeat such a default (whether previously repeated or not) or repudiates the Contract, then the Owner without prejudice to any other rights or remedies may within 10 days after such continuance or repetition of default issue notice by registered post or recorded delivery forthwith determine the employment of the Contractor under this Contract, provided that such notice shall not be given unreasonably or vexatiously.

41.4 Termination by contractor Force majeure, or Loss or damage occurred by any one or more of the contingencies referred to in relevant Clause of these conditions (if applicable) Or Civil commotion or by any injunction or other order of any Court of Law, Or Owner’s instructions issued under relevant Clauses and delay in handing over site to start the work under relevant Clause of these conditions, Or to any extension of time when fixed under relevant Clause of these Conditions was neither unreasonably distant from nor unreasonably close to the date on which it was necessary for him to receive the same, Or Delay on the part of other Contractors engaged by the Owner in executing work not forming part of this Contract, or The opening up for inspection of any work covered up or goods (including making good in consequence of such opening up) unless the inspection showed that the work materials or goods were not in accordance with this Contract. The Contractor shall with all reasonable diligence dispatch in such manner and with such precautions as will prevent injury, death or damage of the classes in respect for which before the date of determination he was liable to indemnify the Owner, remove from site all his temporary buildings, plant, machinery, appliances, goods and materials and shall give facilities for his Sub-Contractors to do the same but subject always to the provisions of this relevant Clause. The Contractor shall deliver to the Owner all drawings and other documents made by or for the Contractor in connection with the Works. After taking into account amounts previously paid under this Contract the Contractor shall be paid by the Owner The total value of the works completed at the date of termination. The total value of work begun and executed but not completed at the date of termination the value being ascertained mutatis mutandis in accordance with these Conditions. The cost of materials or goods properly ordered for the works for which the Contractor shall have paid or of which the Contractor is legally bound to pay, and on such payment by the Owner materials or goods so paid for shall become the property of the Owner. The reasonable cost of the removal under this relevant Clause.

Any direct loss and/or damage caused to the Contractor by the determination.

Provided that in addition to all other remedies the Contractor upon such determination may take possession of and shall have a lien upon all unfixed materials which may have become the property of the Owner until payment of all monies due to the Contractor from the Owner.


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The Contractor shall not be released from any of his obligations or liabilities under the Contract prior to the date of termination.

42. Force Majeure: If at any time during the continuance of this Contract the performance by either party under this Contract of any of its obligations is rendered impossible by reasons of Force Majeure such as acts of God, flood, fire, earthquake, explosion, war, riots, civil commotion etc. (here-in-after referred to as Force Majeure) then, provided written notice of the happening of the event of Force Majeure is given by the affected party to the other within 15 days, of the occurrence thereof and provided that such event of Force Majeure has not resulted from the negligence or failure of the affected party to perform its obligations, the affected party shall not be liable for fulfillment of any of its obligations pursuant to this Contract during the continuance of the event of Force Majeure. So soon as practicable, upon the cessation of the Force Majeure conditions, the affected party shall continue performance of its obligations under the Contract. The affected party shall take steps to remedy and mitigate the effects of the Force Majeure event on its ability to perform its obligations under the Contract. Time for performance of the relative obligation suspended by the Force Majeure shall then stand extended by the period for which such cause lasts. If the Contract shall be terminated under the provision of the above relevant Clause, the Contractor shall with all reasonable diligence remove from the Site all the Contractor Contractor’s equipment. Any extension of time granted by the Owner in terms of above relevant Clause, shall neither entitle the Contractor to any claim for increase in prices nor shall it release him from any of the obligations under the Contract. If the performance of the Contract as a whole is delayed by reason of the Force Majeure conditions continuing to persist for a continuous period exceeding 30 Working days, the Owner and the Contractor shall discuss the matter and decide to discontinue or to continue its execution on such terms as may be agreed upon. The Owner shall not be held responsible or be called upon to make good any losses / costs incurred by the Contractor consequent to the happening of any of the event under relevant Clause above.

43. Payment upon Termination If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Owner shall issue a certificate for the value of the work done less advance payments received up to the date of the issue of the certificate, less other recoveries due in terms of the contract, less taxes due to be deducted at source as per applicable law and less the percentage to apply to the work not completed as indicated in the Contract Data. Additional Liquidated Damages shall not apply. If the total amount due to the Owner exceeds any payment due to the Contractor the difference shall be a debt payable to the Owner. Further, in such an event, the performance bank guarantee shall stand forfeited by the contractor.

44. Severability: The invalidity of any portion of these Conditions shall not affect the remaining portions of these Conditions or any part thereof and these Conditions shall be construed as if such invalid portion or portions had not been inserted therein. The parties will replace an invalid provision or fill a gap with valid provisions, which most closely approximate the intent and economic effect of the invalid provision or, in case of a gap, the parties’ presumable intentions.

45. No Waiver: None of the terms or conditions of this tender shall be deemed or construed to have been waived by either of the parties unless such waiver is set forth in a written instrument signed by a duly authorized executive of such Party.


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46. Entire Agreement:

The Contract Documents constitute the entire agreement between the parties as to the subject matter hereof and supersede any and all prior understandings between the parties on the subject matter hereof. The headings of these Conditions are for reference only and shall not be deemed to form part of these Conditions.

47. Headings: All headings and marginal notes in any part of Tender document are solely for the purpose of facilitating reference and giving concise indication and not a summary of the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation or construction thereof or of the contract.

48. Repetition of relevant Clauses: In this document certain relevant Clauses may be repeated in several sections. In case of any discrepancy or contradictions, the same may be brought to the notice of the Owner whose decision regarding interpretation shall be final and binding on the Contractor

49. Maintenance during Execution:

1. The work shall be carried out without disturbing the operation of TICEL or other companies

working in the TICEL premises. 2. Any damage to the TICEL property caused during the maintenance operation shall be made

good or compensated by the contractor. 3. The additional special instructions given above shall prevail over those stipulated elsewhere in

the tender documents forming part of the contract.

50. Special Conditions of Contract

1. GENERAL:

Special Conditions of Contract shall be read in conjunction with the General Conditions of Contract, Specifications of work, Drawings and any other documents forming part of this Contract wherever the context so requires. These relevant Clauses shall be considered as an extension and not in limitation of obligation of the contractor.

2. Site Visit: The Tenderer should verify the site details including access and investigate the following items during the site inspection referred and to provide in his Tender rates for assuming full responsibility for services and amenities there for, which will not be payable separately by the Owner.

3. Quality Assurance:

Tender materials identified as specimen and instant shall be subjected to inspection and rejection by the Owner after its delivery to site for conformance with the specification as stated in the Bill of Quantities.

4. Defects Liability

The duration of the maintenance during Defects Liability period will be one year from the date of completion as per work completion Certificate. The TENDERER shall be responsible for maintenance and rectification of defects during this period. Any defects, deficiencies or failures noted during this period shall be rectified within 7 days of intimation in writing failing which the same will be done by the owner at TENDERER’S risk and cost.


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4. Schedule of Quantities and Technical Specifications

In case of conflict between item (Product or Equipment) description in “Bill of Quantities” and “Technical specifications” the following priority shall govern:

Technical Specifications Volume - I

Bill of Quantities Volume - II IS Code Equivalent BS Codes Other codes

5. Housekeeping:

The Tenderer shall be required to maintain the site and surroundings in a neat and orderly manner, free of accumulating debris, avoid haphazard stacking of materials, unhygienic and unsafe environment, cleaning of the site at all levels inside and outside, removal of unwanted materials, parking cases etc., shall be undertaken once on daily basis. The Tenderer shall nominate the Safety Officer to be responsible for housekeeping, on the first day of commencement of works.

Terms of Reference Description

a) Design & Details Contractor has to work as per the designs and lineout details provided by Interior consultant.

Difficulty on site in execution as per the plan/ design has to be brought to the notice of site-in charge immediately.

Any discrepancies in the design subject to execution hurdles and alteration required should be reported to site-in-charge and the same should be improvised by the interior consultant or as per instruction of the site-in-charge and contractor shall have to work only after due approval of the modification.

b) Manpower Employment Contractor should employ qualified & experienced supervisors and adequate number of technicians

to maintain the quality of to the satisfaction. A senior supervisor with 3 of relevant & similar work experience should be deputed as an overall in-charge of the whole contract who will ultimately report to OWNER. The deployment of the staff should be adequately provided as per the Schedule.


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HAND BOOK ON HEALTH AND SAFETY AT WORK

TABLE OF CONTENTS

SECTION 1. Introduction

2. Rules for General Operations

2.1 Access

2.2 Accident and Incident Reporting

2.2 Fire Hazards and Precaution

2.3 House-Keeping

2.4 Noise

2.5 Safety Clothes and Equipment

2.6 Supervision

2.7 Warning Signs and Notices

3. Contractors and Sub Contractors Guidelines.

4. Model Rules for the Protection of Health and Sanitary Arrangements for Workers Employed By

Contractors

5. ISI Safety Code.

6. Labour Laws


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SECTION – 1

INTRODUCTION:

This document defines the operations undertaken by Contractors and sub-Contractors on Project premises, which can give rise to hazards to those engaged in the work and others who may be working, standing or passing in the vicinity. It is the Owner's endeavor to secure a high standard of safety at site. Therefore, Contractors and sub-Contractors must know their duties under common law, both for establishments, and their own employees and to conduct their business and methods of work to conform to the best practices. Before the Owner, allows any contracting or sub- contracting firm to carry out work on its premises, the Owner insists that Contractors and sub-Contractors understand their duties regarding safe practices for themselves, others and regulations covering the type of work they will be carrying out. In furtherance to this policy, rules herein have been devised to bring to the notice of Contractors and sub-Contractors, some of the more common hazards, and appropriate preventive measures in connection with the erection, construction, cleaning, painting, alteration or demolition of plant, machinery and buildings. The Owner, is confident that the observance of these rules will be no hindrance to progress the work, but will assist in the avoidance of accidents. IT IS IN A TERM OF ALL CONTRACTS BETWEEN THE OWNER AND CONTRACTORS THAT THEY AND ANY SUB-CONTRACTORS, APPOINTED BY THEM COMPLY WITH THESE RULES AND THEIR CO-OPERATION IS THEREFORE OBLIGATORY IN CARRYING OUT THE PRECAUTIONS LAID DOWN. Section - 2: Details general rules which are applicable to most Contractors and sub-Contractors. Section - 3: Details specific rules which must be followed where applicable, where a particular type of

work is to be undertaken. All Contractors Supervisors will make sure that the Engineering Services / Safety Manager on Project site are notified as and when he and others (Sub-Contractors) are reporting for work on that site.

SECTION – 2

RULES FOR GENERAL OPERATIONS: 2.1 ACCESS: Nothing shall be done or omitted to be done by Contractors or Sub-Contractors or their employees to

render unsafe or obstruct: - any means of access to the places at which people are required to work. - the passage of people and / or vehicles whether on a defined gangway or not, unless

permission is obtained from the designated safety officer. - access for emergency apparatus, such as FIRE PROTECTION equipment. - Contractors and sub-Contractors shall nevertheless provide adequate fencing, lighting and

warning signs to ensure safety at all times.


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2.2 ACCIDENT AND INCIDENT REPORTING: All modifiable accidents, dangerous occurrences and potential hazard situations shall be reported to

the safety officer at site. Injuries are to be treated by experienced medical staff available at site.

2.3 FIRE HAZARDS AND PRECAUTIONS: When at site, all fire regulations, as well as regulations under relevant Sections of the relevant Act of

Government must be observed at all times.

2.4 HOUSE-KEEPING: The House-keeping standards employed by Contractors and sub-Contractors, must be as good as the

Owner. Care must be taken by all responsible people to ensure that the standard of house-keeping for all establishments is known and understood.

2.4.1 House-keeping and hygiene go hand in hand with safe working practices. Contractors and

sub-Contractors must leave work areas in a clean, tidy and safe condition at the end of each working period.

2.4.2 Special attention must be paid to potential fire hazards, trip points and equipment left in a hazardous

condition. 2.4.3 Contamination of any product (by drill sward sawdust, oil, salient, paints and materials etc.) must be

avoided at all costs, and the officers of the Owner are empowered to stop any activity which could result in contamination.

2.5 NOISE: Contractors and sub-Contractors working at the Project site must obtain permission from the safety

officer if the processes being employed to carry out that work significantly increase the ambient noise level in that area being worked.

2.6 SAFETY CLOTHES AND EQUIPMENT: This will be supplied by Contractors and sub-Contractors who are working on sites and must be

adequate for the well being of their staff engaged in the type of work contracted for. The equipment and its use must comply with the regulations and codes of practice as laid down that

apply to the conditions of work being undertaken. Contractors and sub-Contractors are fully responsible for the use of any tools and equipment that is

supplied by them, or their staff. Tools will be maintained to the highest standard of safety. The person using the said tools is responsible for the continued maintenance of safety standards.

It is the individual's responsibility to ensure that the tools he works are suitable for the job, and in a

safe condition prior to work commencement. All necessary tools and equipment to complete a contract should be supplied by the Contractor. Due provision must be made during contract preparation.

2.7 SUPERVISION: Contractors working at the Project site, must ensure that their staff are adequately supervised.

2.8 WARNING SIGNS AND NOTICES: Suitable warning signs are to be displayed indicating warning of potential hazards. The Tenderer shall at his own expense arrange for complying with all the occupational safety, health

and welfare legislations of Government including the Electrical code and the Occupational Safety, Health and Welfare Act.


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SECTION – 4 CONTRACTORS AND SUB-CONTRACTORS GUIDELINES 1. Safe working practices must be observed at all times. 2. It is the responsibility of the Contractors and sub-Contractors staff to use appropriate personal protection.

It is the Contractors and sub-Contractors obligation to supply necessary protective equipment and clothing.

3. Certain areas are designated hazardous (eg. noisy areas) and warning signs must be obeyed. 4. Where the Contractors and sub-Contractors work presents a potential hazard, appropriate notices must

be supplied and displayed, and the area made secure as far as is reasonably possible. 5. The Owner will not provide tools, materials, lifting or access equipment, fixings or raw materials, unless

by previous arrangement. 6. Any equipment brought to site by Contractors and sub-Contractors must not be used by untrained

persons, and attention is drawn to the indemnity relevant Clause of the Owner orders, which states that the Contractor is liable for any consequent damage or loss to people, equipment or buildings.

7. All welding, burning and grinding operations which could potentially cause fire must be reported to

security. 8. No alcohol is permitted at site, and anyone deemed to be under the influence of alcohol will be required to

leave the site. 9. Vehicle parking will be in designated areas only. 10. No smoking is allowed in work areas. 11. No food is to be consumed or left in work areas. 12. Warning signs and speed restrictions must be observed. 13. Place of work to be left in a tidy and safe condition at the end of each work period. 14. Care to be taken against contamination of any product of paint, oil, etc. 15. All injuries must be reported to the authorities as per law applicable. 16. A health and safety officer shall be employed on such conditions as circumstances require. The above has been received and read by Contractor / Sub-Contractor, we agree to comply with these Rules (See foot-note)

Contractors .....................................

Company....................................

Date ......................................... NOTE: The Contractor will ensure that sub-Contractor receive and sign a copy of these Rules.


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MODEL RULES FOR THE PROTECTION OF HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS EMPLOYED BY CONTRACTORS

1. FIRST-AID-FACILITIES 1.01 At every work place there shall be provided and maintained, so as to be easily accessible during

working hours, first-aid boxes at the rate of not less than one box for 150 labourers or part thereof ordinary employed.

1.02 The first-aid box shall be distinctly marked with a red cross on white back ground and shall contain

the following equipment, :- 1.02.01 For work places in which the number of labour employed does not exceed 50, each first-aid box

shall contain the following equipments:-

6 small sterilised dressings

3 medium size sterilised dressings

3 large size sterilised dressings

3 large size sterilised burn dressings

1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine.

1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label.

1 snakebite lancet

1 (30 gms.) bottle of potassium permanganate crystals

1 pair scissors

1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour Institutes, Government of India.

1 bottle containing 100 tablets (each of 5 gms.) of aspirin.

Ointment for burns

A bottle of suitable surgical antiseptic solution 1.02.02 For work places in which the number of labour exceed 50.

Each first-aid box shall contain the following equipments.

12 small sterilised dressings

6 medium size sterlised dressings

6 large size sterilised dressings

6 large size sterilised burn dressings

6 (15 gms.) packets sterilised cotton wool

1 (60 ml.) bottle containing a two per cent alcoholic solution of iodine.

1 (60 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label.

1 roll of adhesive plaster

1 snakebite lancet

1 (30 gms.) bottle of potassium permanganate crystals

1 pair scissors

1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour Institutes / Government of India.

A bottle containing 100 tablets (each of 5 gms.) of aspirin.

Ointment for burns

A bottle of suitable surgical antiseptic solution


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1.03 Adequate arrangements shall be made for immediate recoupment of the equipment when necessary. 1.04 Nothing except the prescribed contents shall be kept in the First-aid box. 1.05 The first-aid box shall be kept in charge of a responsible person who shall always be readily available

during the working hours of the work place. 1.06 A person in charge of the First-aid box shall be a person trained in First-aid treatment, in the work

places where the number of contract labour employed is 150 or more. 1.07 In work places where the number of contract labour employed is 750 or more and hospital facilities

are not available within easy distance from the works. First-aid posts shall be established and run by a trained Compounder. The Compounder shall be on duty and shall be available at all hours when the workers are at work.

1.08 Where work places are situated in places which are not towns or cities, a suitable motor transport

shall be kept readily available to carry injured person or person suddenly taken ill to the nearest hospital.

2.00 DRINKING WATER

2.01 In every work place, there shall be provided and maintained at suitable places, easily accessible to labour, a sufficient supply of water fit for drinking.

2.02 Where drinking water is obtained from an intermittent public water supply, each work place shall be

provided with storage where such drinking water shall be stored. 2.03 Every water supply or storage shall be at a distance of not less than 50 feet from any latrine, drain or

other source of pollution. Where water has to be drawn from an existing well which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn from it for drinking. All such wells shall be entirely closed in and be provided with a trap door which shall be dust and waterproof.

2.04 A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and opened

only for cleaning or inspection which shall be done at least once a month.

3.0 WASHING FACILITIES 3.01 In every work place adequate and suitable facilities for washing shall be provided and maintained for

the use of labour employed and supervisory staff separately therein. 3.02 Separate and adequate cleaning facilities shall be provided for the use of male and female labourers

and supervisory staff. 3.03 Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.

4.0 LATRINE AND URINALS 4.01 Latrines shall be provided in every work place on the following scale namely:- 4.01.01 Where females are employed there shall be at least one latrine for every 25 females. 4.01.02 Where males are employed, there shall be atleast one latrine for every 25 males.

Provided that where the number of males or females exceeds 100, it shall be sufficient if there is one latrine for 25 males or females as the case may be upto the first 100, and one for every 50 thereafter.

4.02 Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper

door and fastenings.


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4.03 Construction of latrines: the inside walls shall be constructed of masonry or some suitable heat-resisting nonabsorbent materials and shall be cement washed inside and outside. Standard sanitary fixtures & fittings shall be provided.

4.04.01 Where workers of both sexes are employed, there shall be displayed outside each block of latrine

and urinal, a notice in the language understood by the majority of the workers ”For Men only” or “For Women only” as the case may be.

4.04.02 The notice shall also bear the figure of a man or of a woman, as the case may be. 4.05 There shall be atleast one urinal for male workers upto 50 and one for female workers upto fifty

employed at a time, provided where the number of male or female workmen, as the case may be exceeds 500, it shall be sufficient if there is one urinal for every 50 males or females upto the first 500 and one for every 100 or part thereafter.

4.06. a The latrine and urinals shall be adequately lighted and shall be maintained in a clean and sanitary

condition at all times.

b Latrine and urinals other than those connected with a flush sewage system shall comply with the requirements of the Public Health Authorities.

4.07 Water shall be provided by means of tap or otherwise so as to be conveniently accessible in or near

the latrine and urinals. 4.08 Disposal of excreta shall be arranged either by connection to a municipal sewer with permission from

the local sanitary authority, or by providing connection to a covered soak pit. 4.09 The contractor shall at his own expense, carry out all instructions issued to him by the OWNER to

effect proper disposal of night soil and other conservancy work in respect of the contractor’s workmen or employees on the site. The contractor shall be responsible for payment of any charges which may be levied by Statutory Authority for execution of such on his behalf. Labours are not permitted to stay inside the TICEL Premises.

5.0 Minimum Safety Requirements (To be made a part of Tender conditions and BOQ of works related package to address the inclusion of PPE, Electrical safety measures, Housekeeping as a minimum)

Prior to commencing work on Site, the Contractor must make himself aware of all the requirements for the Works and the Site relating to Environment, Health & Safety (EH&S) matters including all relevant legislation and standard codes of practice.

Contractor shall comply with all the EH&S Requirements listed below which shall be deemed a fundamental condition of this Contract.

Contractor must comply in full with all applicable Health & Safety (H&S) local and national legislation. (e.g. Labour Licence, Insurance Policy under Workmen Compensation Act, etc.)

In circumstances where there is a conflict between local or national legislation and these Minimum Safety Requirements (MSR), the higher (more protective) requirement shall prevail.

Temporary Electrical System

Adequate lighting must be provided to enable safe access to and egress from every place on a site where persons are liable to work, this is in addition to task lighting.

Induction/Orientation All workers shall receive site-specific safety induction/orientation, before they are involved in any activity at site. They must be made aware of site safety rules, provisions of first aid and welfare facilities such as drinking water, washing place, toilets, rest rooms, etc.


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Task related Safety Instruction Contractor shall ensure all workers shall receive at least one specific task-related training/skilling session per week. This may be achieved by using Toolbox talks &/or induction to Safe Work Method Statement.

Incident/Injury Reporting & Investigation Contractor shall report and record all incidents, which have potential to cause injuries and damages and

also injuries including first aid cases.

Lost Time Injury (LTI) or serious injury must be intimated immediately as soon as possible by phone. (If an injured person doesn’t likely to report to work in his next following shift, it is to be recorded as Lost Time Injury) Welfare of labours or employers are the scope of contractor.

5. SAFETY CODE

Tenderer shall follow all the relevant Indian standards Safety Codes or its equivalent British standards and any other applicable International Codes for interior work, which may be enforced during execution of work.

6. LABOUR LAWS

1. Labour: The Tenderer shall, unless otherwise provided in the Contract, make his own arrangements for the

engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport.

No women labour shall be employed by the Tenderer for the purpose of executing works at site & further as per labour law statutes, no child labour shall be employed by the Tenderer.

The Tenderer shall, if required by the Owner, deliver to the Owner a return in detail, in such form

and at such intervals as the Owner may prescribe, showing the staff and the numbers of the several classes of labour from time to time employed by the Tenderer on the Site and such other information as the Owner may require.

2. Compliance with labour regulations:

The contractor will be responsible to comply with all labour legislations including social security, GST wherever applicable and such other statutory orders by Government / Municipality which may be in force from time to time.

The contractor will not allow his employees to participate in any trade union activities or agitation in the premises of TICEL.

The contractor shall specifically ensure compliance of various Labour Laws/Acts including but not limited to with the following and their re-enactment/amendments/modifications.

i. Workmen Compensation Act 1923

ii. The Payment of Gratuity Act, 1972. iii. The Employees Provident Fund Act, 1952. iv. Maternity Benefit Act 1951 v. The Contract Labour (Regulation) Act, 1970.

vi. The Minimum Wages Act, 1948 vii. The payment of wages Act 1936.

viii. Equal Remuneration of Act 1979 ix. The Payment of Bonus Act, 1965. x. Industrial Disputes Act 1947

xi. Industrial Employment (Standing Orders) Act 1946


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xii. Trade Unions Act 1926 xiii. Child Labour (Prohibition & Regulation) Act 1986 xiv. Inter-State Migrant workmen’s (Regulation of Employment and Conditions of Service) Act

1979 xv. The Building and other Construction workers (Regulation of Employment and conditions of

Service)Act 1996 and Cess Act 1996 xvi. The Factory Act, 1948.

xvii. The Employees State Insurance Act, 1938. xviii. The Employment of Children Act, 1938.

xix. The Motor Vehicle Act, 1988.

During continuance of the contract, the Tenderer and his sub Tenderers shall at all times by all existing labour enactments and rules made thereunder, regulations, notifications and bye laws of the State or Central Government or local authority and any other labour law (including rules), regulations, bye laws that may be passed or notification that may be issued under any labour law in future either by the State or the Central Government or the local authority. The Tenderer shall keep the Owner indemnified in case any action is taken against the Owner by the competent authority on account of contravention of any of the provisions of any Act or rules made thereunder, regulations or notifications including amendments. If the Owner is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of the Tenderer, the Owner/Owner shall have the right to deduct any money due to the Tenderer including his amount of performance security. The Owner/Owner shall also have right to recover from the Tenderer any sum required or estimated to be required for making good the loss or damage suffered by the Owner.

The employees of the Tenderer and the Sub-Tenderer in no case shall be treated as the employees of the

Owner at any point of time.


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LETTER OF TRANSMITTAL

Date: To

The Managing Director, TICEL BIO PARK LTD. No.5, CSIR Road, Taramani, Chennai - 600 113.

Sir, Sub: Submission of Tender for “Providing Interior Works for TICEL Office” at Ground floor of

TICEL Bio Park – II, No.5, CSIR Road, Taramani, Chennai – 600 113.

1. I / We ………………………………………..having examined the details given in the Invitation to TENDERERS, we hereby submit the following information and relevant documents.

a) I/We hereby certify that all the statements, information and data provided in the enclosed formats A

to E and 1 to 4 and accompanying statements are true and correct to the best of my / our knowledge.

b) I/We.…………………………. have read the instructions appended with the Prequalification document and I/We understand that any contract made between ourselves and TICEL BIO PARK Ltd., on the basis of the information given by me / us is liable to be cancelled if any false information is detected at a later date.

c) I/We ……………………………..have also no objection if enquiries are made on all the projects and

works listed by me / us in the accompanying sheets or any other enquiry on the information furnished herewith in the accompanying sheets.

d) I/We have furnished all information and details as asked for and have no further pertinent information to provide.

e) I/We hereby submit the requisite certified solvency certificate and authorize TICEL BIO PARK Ltd to approach the Bank issuing the solvency certificate to verify the correctness thereof. I/We also authorize TICEL BIO PARK Ltd to approach individuals, employers, companies, and corporation to verify my / our competency and general reputation.

f) I/We hereby submit in Format – D the certificates in support of my / our suitability, technical know-how and capability for having successfully completed the works during the last three years.

g) I/We hereby also agree that the decision of the TICEL BIO PARK Ltd in the Qualification and selection

of Contractors will be final and binding upon me / us.

h) I/We hereby agree TICEL BIO PARK Ltd reserves the right to qualify any contractor or to cancel the exercise without assigning any reason for doing so or to incur any liability to any party whatsoever.

i) I/We hereby agree not to withdraw from the contract after issue of LOA and before signing the

agreement. Incase if we withdraw before signing the agreement, we hereby agree for the forfeiture of the Earnest Money Deposit as per the tender condition

j) I/We have gone through the drawings provided to us along with the Tender document and has considered the details in the drawings while arriving at the quoted rates.


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k) I/We hereby agree to produce performance Bank Guarantee within Ten(10) days and execute agreement within fifteen(15) days from the date of issue of LOA

l) The following documents duly signed by the authorized signatory and sealed are enclosed as enclosures

to the letter of transmittal

1. Certificate of Incorporation from Registrar of Companies, if applicable.

2. Memorandum of Association, if applicable.

3. Annual Report / Audited Balance Sheet & Profit and Loss Statement for the past 3 years

4. Registration with Govt. Departments or Public Bodies.

5. Support Certificate from Bankers for Credit facilities available.

6. Copies of Acknowledgements issued by IT Department for the firms having filed Income Tax for the past seven years as on 31st March 2019.

7. GST Registration certificate.

8. Testimonials from Clients / Consultants for completion of works included in Format – D

9. LOA or Agreement and work completion certificate or handing over certificate

10. LOA / Work Order issued by the Clients for ongoing works included in Format –E

11. Organization Chart of Company showing the Officer in-Charge who will have direct link with and control of site organization and the experience of the official who will be in charge for the Implementation of the Tendered project and the detailed profile of the team members who are going to involve in the said work.

12. Method Statement: Programming & Planning and Progress monitoring plan, weekly and

monthly; Management of direct subcontractors from selection through execution of work; Coordination with Specialist contractors like Electrical, Air conditioning, lifts etc., Quality control & quality Assurance at site; Safety Plan;

13. Formats - ‘A’ to ‘E’ and 1 -4 with complete details and any certificates other than that listed

above.

I / we hereby agree to as a TENDERER to all the terms and conditions of the Tender

Date of Submission Signature of TENDERER with Official Seal


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FORMAT – A

STRUCTURE AND ORGANISATION OF TENDERER

Sl.No. Details required To be filled by the TENDERER

1 Name of the TENDERER's Company

2 Nationality of TENDERER

3 Establishment of the Company

i) Year

ii) Location

4. The TENDERER is a company (Please enclose attested copy of registration / incorporation under appropriate laws of the TENDERER’s country)

Yes / No

Enclosed/ Not enclosed

5 Address of the TENDERER :

i) Registered Office Address

Telephone Number

Fax Number

E-mail Address

Web site

ii) Local office address:

Telephone Number

Fax Number

E-mail Address

iii) Office address through which this work will be handled and name of officer in-charge.

Telephone Number

Fax Number

E-mail Address

6 If the TENDERER is a Multinational Company, please furnish the following :

a)

Whether the foreign company has an office in India? If so, give the following details :

Year of Establishment

Location :

Name of the Contact Person :

Telephone Nos. :

Fax No.:

Email :

b)

Please mention the nature of Indian office. If so, please provide the details whether marketing, liaison, capable of undertaking complete project in India etc.


Page | 46


c) Whether company has executed / currently executing / TENDER for any project in India? If so, please furnish the following details :

Name of the Client :

Name of the Project :

Location of the Project :

Nature of Project :

Nature of Contract :

Project Duration :

Project value :

d) The TENDERER has to furnish a detailed note on how it will handle the project in India, if successful TENDERER, in terms of (i) Finance,(ii) Manpower,(iii)Tools & equipment,(iv) Use of local agencies and labour, (v) Project control and management plan

7 Details of the Board of Directors

i) Name of the Director

ii) Qualification

iii) Organization

iv) Office address

v) Telephone Number

vi) Fax Number

vii) E-mail Address

8 Enclose Company's Organisation Chart showing the structure of the organisation including the names of the Directors / Chief Executive Officer and position of Officers.

Enclosed / Not Enclosed

9 Number of years of experience and other Details.

10

Whether registered with any Government / Public Sector Undertaking / Local bodies like CPWD / MES / PWD or equivalent applicable in the TENDERER's country. If yes, please furnish details class and type of Registration.

Yes / No.

1.

2.

3.


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11

Please give at least three references of

Clients for whom you may have executed

Interior Works of importance and similar

nature from whom TICEL BIO PARK LTD.,

can verify

a) Name : Designation : Company :

2) Name :

Designation : Company :

3) Name :

Designation : Company :

12

Any special information, which you may like to provide.

Place :

Signature of the TENDERER

Common seal of the Company

Date : Office Address


Page | 48

FORMAT-B

FINANCIAL INFORMATION

S.No Description Details to be filled in by TENDERER

A Annual Turnover in the last three financial years Only for

1 Year : 01st April 2017 – 31st March 2018



B Financial Information

I Year :01st April 2017 – 31st March 2018

a. Total assets

b. Current assets

c. Total Liabilities

d. Current Liabilities

e. Profits before taxes

f. Profits after taxes

g. Net worth

h. Working Capital

II Year :01st April 2018–31st March 2019

a. Total assets

b. Current assets





g. Net worth

h. Working Capital

III Year : 01st April 2019 – 31st March 2020

a. Total assets

b. Current assets





g. Net worth

h. Working Capital

Place :



Page | 49

FORMAT-C

DETAILS OF COMPLETED WORKS

S.No. Details required To be filled by the TENDERER

1 Name of work

2 Country and location

3 Client’s name and address

Name: Address :

4 Consultants name and address.

Name: Address :

5 Total Tendered cost of work Agreement No. Date

INR …………….. Agreement No: Date :

6 Total actual cost of work after completion. INR ……………..

7 Excess / less in percentage. ……………..%

8 Explain if Excess / less is higher by 20% of the Tendered cost of work.

9 Date of commencement

10 Period of completion

11 Stipulated date of completion

12 Actual date of completion

13

Extended by the contractor, if any. Reason for non-completion of work in stipulated time limit / extended time limit, if so furnish details

Yes / No

14

Extension of time granted by the Client, if any. If yes, please specify the reason for extension of time.

Yes / No

15 Brief description of works including principal features and quantities of main items of the work.

16 Name of Contractor’s Engineer in-charge of the Project &Qualifications.

Name :

Qualification :

17 Details of specialized work executed under this Contract.


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S.No. Details required To be filled by the TENDERER

18 Details of specialized work executed by their own divisions under the Contract

19 Whether the Programming and planning was followed in the form of PERT Chart or BAR Chart?

Yes / No

20

Whether the Quality Control and Quality Assurance function was carried out? If yes, Please give details and copies of quality formats used in anyone project

Yes / No

21 Whether the safety measures were followed? If yes, Please give details.

Yes / No

Date:

Signature of TENDERER Place: Official Seal

FORMAT– D DETAILS OF ON-GOING WORKS


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S.No. Details required To Be filled by the TENDERER

1 Name of work

2 Country and location

3 Client's name and address

Name: Address :

4 Consultants name and address.

Name: Address :

5 Total Tendered cost of work (Agreement No. and Date) INR ………………….

6 Brief description of works including principal features and quantities of main items of the work.

7 i) Percentage of physical completion

ii) Amount billed for the work completed.

iii) Cost of work remaining to be executed as on the date of submission.

iv) Stipulated date of completion

v) Anticipated date of completion

8 Name of Contractor’s Engineer in-charge of the Project &Qualifications.

Name: Qualification :

9 Details of specialized works under this Contract

10 Specialized works being executed by their own divisions

11 Details of the sub-contracted specialized works by the TENDERER

i) Total value of work sub-contracted. INR ………………..

ii) Trade-wise value of work sub-contracted.

1.INR ……….....…….. 2.INR ……….....…….. 3.INR ……….....…….. 4. INR ………..………..


Page | 52

S.No. Details required To Be filled by the TENDERER

iii) Trade-wise Name of sub-contractors Use separate sheet for details of such sub-contractors experience, capability, testimonial.

1. 2. 3. 4.

12

i) Were there any labor strikes? If yes, Please give details.

Yes / No

ii) Whether corrective action taken immediately?

Yes / No

13

Were there any penalties / fines / stop notice / compensation / liquidated damages imposed? If Yes, Please give amount, details and reason.

Yes / No Amount : Reason :

14 Please specify the details of litigation / arbitration cases, if any, pertaining to works ongoing.

Yes / No

15 Attach client's certificate, as may be available (Not below the rank of Director or equivalent)

Yes / No

Place :


Date :

Common seal of the Company


Page | 53

FORMAT-E

DETAILS OF TERMINATION OF CONTRACT BY PREVIOUS CLIENT IN THE PAST, IF ANY

S.No. Particulars To Be filled by the TENDERER

1 Name of works

2 Name of the Client

3 Value of Contract in INR

4 Period of Contract

5 Terminated at what stage

6 Reasons / grounds for termination

7 Approx value of work completed at the time of termination in INR

8 Approx value of balance work not completed in INR

9 Remarks

Place :


Date : Common seal of the Company


Page | 54

FORMAT - 1

PRE-QUALIFICATION CRITERIA

DETAILS REQUIRED TO SATISFY THE ELIGIBILITY RELEVANT CLAUSE 5.01 a.

Experience of the Contractor

The TENDERER should be a well-established contractor, having experience of minimum 7 years in the field of providing Interior Works.

S.No. Year Details of Company

1

The following Documentary evidences required to establish the above P.Q. Criteria

(Copy of the Certificate of Incorporation issued by Registrar of Companies(in case of company) or Copies of Acknowledgements issued by IT Department for the last seven years (in case of firms)has to be enclosed by the contractor for the document proof.

Signature of Tenderer


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FORMAT - 2

DETAILS REQUIRED TO SATISFY THE ELIGIBILITY RELEVANT CLAUSE 5.01 b.

Experience in similar work:

The TENDERER should have satisfactorily completed the Interior Works in any Multi-storied Building / Industrial Building / IT Building / Hotel / Institutional building


i) One similar (Interior Works) completed work, costing not less than the amount equal to Rs.33 Lakhs.

or ii) Two similar (Interior Works) completed works, each costing not less than the amount equal

to Rs.25 Lakhs. or

iii) Three similar (Interior Works) completed works, each costing not less than the amount equal to Rs.17 Lakhs.

S.No. Description 1st Project 2nd Project 3rd Project

1 Name of the Client

2 Nature and Scope of work

3 Period of Contract

4 Value of the work

5 Year of completion

The following Documentary evidences required to establish the above P.Q. Criteria

Copy of the LOA or Agreement and Work Completion certificate or Handing over certificates has to be enclosed by the contractor for the document proof.



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FORMAT – 3

DETAILS REQUIRED TO SATISFY THE ELIGIBILITY RELEVANT CLAUSE 5.01 c.

c) Annual Turnover

Average annual financial turnover during the last 3 years, ending 31st March of the previous financial years, should be minimum Rs.12 lakhs

.

Sl.No. Financial Year Annual Turn Over of the Company

(Value in INR)

1 01.04.2017

to 29.03.2018

2 01.04.2018

to 29.03.2019

3 01.04.2019

to 29.03.2020

Note:

To satisfy the Pre-Qualification criteria Balance Sheet (duly signed by practicing CA), have to be submitted as per the prescribed format enclosed viz.



Page | 57

FORMAT – 4

DETAILS REQUIRED TO SATISFY THE ELIGIBILITY RELEVANT CLAUSE 5.01 d.

d) BANKER’S SOLVENCY CERTIFICATE

The Tenderer should produce Banker’s Solvency Certificate for a value of Rs.17 Lakhs obtained not earlier than three months from the last date of submission of tender, the certificate to be enclosed along with PQ documents.

Draft

To Date: The Managing Director, TICEL Bio Park Ltd. No.5, CSIR Road, Taramani, Chennai – 600 113

Dear Sir,

SOLVENCY CERTIFICATE

This is to certify that to the best of our knowledge and information, M/s ……………………….. …………….., (address) …………………………., a customer of our Bank is respectable and be treated as good for an engagement upto a sum of Rs. ………(Solvency amount)……….only as on …………….(Date of certificate)

This certificate has been issued without any risk and responsibility on the part of the Bank or any of its officers.

This certificate is issued at the specific request of the customer.

Yours faithfully,

for ……………………Bank

Bank Officer with designation



Page | 58

PRE-QUALIFICATION REQUIREMENTS

S.NO

PARTICULARS TO BE FILLED BY TENDERER

(YES / NO)

1. Do you satisfy requirement of Clause5.01.(a)

2. Do you satisfy requirement of Clause5.01.(b)

3. Do you satisfy requirement of Clause5.01.(c)

4. Do you satisfy requirement of Clause5.01.(d)

Date of Submission Signature of TENDERER with Official Seal


Page | 59

WITHDRAWAL OF CONDITIONS LETTER

Date:

To The Managing Director, TICEL Bio Park Ltd, No.5, CSIR Road, Taramani, Chennai – 600 113.

Dear Sir,

Sub: Tender for Providing Interior Works at TICEL Bio Park, No.5, CSIR Road, Taramani,

Chennai – 600 113 – Withdrawal of Conditions - Reg.

-----

We hereby confirm that our offer TENDER for Providing Interior Works relating to TICEL BIO

PARK No.5, CSIR Road, Taramani, Chennai – 600 113 is in complete compliance with the TENDER

documents, drawings, specifications, Bill of Quantities and subsequent pre TENDER meeting minutes.

Our offer does not deviate from any of the Technical and Commercial requirement of the TENDER

documents. We hereby agree to withdraw all conditions/deviation in case any such conditions /

deviations have been specified by us in the technical or price TENDER which have either direct or

indirect impact on the price quoted.

Thanking and assuring you of our best services at all times. Yours faithfully,


Page | 60

On Rs.20 Stamp Paper

DECLARATION – CUM – UNDERTAKING

We, ------------------------------------------------ pursuant to our TENDER submission on__.__.2020 for

selection of TENDER for PROVIDING INTERIOR WORK FOR TICEL NEW OFFICE relating to

TICEL bio park – II Building at, Coimbatore, hereby declare that all the certificates, agreements,

information and other details, furnished by us in our TENDER document are true and correct.

We further declare that, in case the contract is awarded to us, and at a later date any of the above

certificates, agreements, information and other details are found to be false or incorrect, TICEL bio

park Ltd., has full rights to terminate the Contract with immediate effect, without any notice and

without assigning any reason therefore, besides initiating actions such as forfeiting the Earnest

Money Deposit, invoking the Performance Bank Guarantee etc.

We further undertake that in the event of such termination, we would indemnify TICEL BIO Park

Ltd., against the consequential losses, damages etc., as claimed by TICEL BIO Park Ltd., for having

furnish such false/incorrect certificate, agreements, information and other details.

Place: Signature:

Date: Name:

Designation:


Page | 61

APPENDIX - A

FORM OF PERFORMANCE BANK GUARANTEE 1. In consideration of the TICEL BIO PARK Ltd, (hereinafter called “TICEL,”) having agreed to allow M/s.

……………………….. (hereinafter called “the said Tenderer(s)”) from the demand under the terms and conditions of an Agreement No. . . . . . . . . . . . . . for providing INTERIOR WORKS. Installation works in construction of TICEL BIO PARK No.5, CSIR Road, Taramani, Chennai – 600 113 (hereinafter called “the said Agreement” for furnishing Performance Bank Guarantee for the due fulfillment by the said Tenderer (s) of the terms and conditions in the said Agreement, by production of a BANK GUARANTEE for Rs.. . . . . . . . (Rupees.. . . . …………….. . . . . . . only). We the . . . . . . . . . . . . . (Name of the Bank) having our Head Office at . . . . . . . . . . . and having branch at . . . . . . . . . . referred to as “the Bank” at the request of M/s. ….. . . . . . . . Tenderer(S) do hereby undertake to pay to TICEL, an amount not exceeding Rs.. . . ………... . . . on demand by TICEL,.

2. We . . . . . . . . . . . . . . . . . . . . (Name of the Bank) . . . . . . . . branch do hereby undertake to pay the amounts

due and payable under this guarantee without any demur, merely on a demand from TICEL, stating that the amount claimed is required to meet the recoveries due or likely to be due from the said Tenderer(s). Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs... . . . . …... . . (Rupees.. . ……………….………. . . . . . only).

3. We undertake to pay to the TICEL, the amount due under this Guarantee so demanded notwithstanding

any dispute to disputes raised by the Tenderer(s) in any suit or proceeding pending before any Court or Tribunal relating thereto, our liability under this present being absolute and unequivocal.

The payment so made by us under this bank shall be a valid discharge of our liability for payment thereunder.

4. We . . . . . . . . . . . . (Name of the Bank) . . . . . . . . .. branch further agree that the guarantee herein

contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till the dues of TICEL, under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the Engineer in charge on behalf of TICEL, certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Tenderer(s) accordingly discharges this guarantee.

5. We . . . . . . . . . . (Name of the Bank) . . . . . . . . branch further agree with TICEL,, that TICEL, 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 Agreement or to extend time of performance by the said Tenderer(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by TICEL, against the said Tenderer(s) and to forbear or enforce any of terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Tenderer(s) or for any forbearance act or omission on the part of the TICEL, or any indulgence by the TICEL, to the said Tenderer(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Tenderer(s). 7. We hereby waive the necessity of your demanding the Tenderer before presenting us with the demand. 8. We . . . . . . . . . . . . (Name of the Bank) . . . . . . branch lastly undertake not to revoke this guarantee except

with the previous consent of the TICEL, in writing.


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9. This guarantee shall be valid upto. . . . . . . . . . . . Notwithstanding anything contained herein before our liability against this guarantee is restricted to Rs.. . . . …. . . (Rupees.….. …….………………. . only) and it will remain in force till . . . . . ………..) unless a claim or demand in writing is made against us under this guarantee before the expiry of six months from the aforesaid date that is before . . . . . . . of . . . . ……….. …. ( . . ………………..) all your rights under the said guarantee shall be forfeited and we shall be relieved and discharged from all liability hereunder.

Dated the day of ……… for (Name of the Bank) Branch.

(In a Stamp Paper of ………../-)


Page | 63

AFFIDAVIT

We have submitted Performance Bank Guarantee for the work of “Provide Interior Works” In TICEL BIO

PARK – II, No.5, CSIR Road, Taramani, Chennai – 600 113. . . . . . . . . . . . . . . . . . . . . . . . . .Agreement No. from

(Name of the Bank) branch to the TICEL BIO Park Limited, Chennai with a view to furnish

Performance Bank guarantee. This Bank Guarantee expires on .. . . …….. We undertake to keep the

validity of the Bank Guarantee in force by getting it extended from time to time at our own initiative upto a

further period of six months or as directed by TICEL,.

We also indemnify TICEL Bio Park Ltd., against any losses arising out of non-encashment of the Bank

Guarantee if any.

Notary Public Signature Signature of the Tenderer


Page | 64

APPENDIX - B ARTICLES OF AGREEMENT

ARTICLES OF AGREEMENT made on this.... day of........... 2020 between the TICEL BIO PARK LTD having its Regd. Office at CSIR road, Taramani, Chennai - 600113 represented by …………………………. Managing Director (hereinafter called the “Owner”) of the one part and M/S..... ............................................................... of the other part whose registered office is situated at……... ................................................represented by ________________________ (hereinafter called the “ Contractor”).

WHEREAS the Owner is desirous of setting up TICEL office at ground floor modules no.007 & 008 at

TICEL Phase - II and engaging a contractor for Interior Work for TICEL New Office (hereinafter called

“the Work”) and has caused drawings and Bill of Quantities showing and describing the work to be done

under the direction of “Owner”.

Owner of the Project:

M/s.TICEL BIO PARK Ltd, a company promoted by Tamilnadu Industrial Development Corporation

limited ( TIDCO) and TIDEL PARK Ltd.

Boundaries:

North by: CSIR Road

East by : Spastic Society

South by: DLF Land

West by : Anna University.

WHEREAS TICEL Bio Park is creating new office at TICEL – II building and total proposed area of 2500 sft. In the ground floor for which TICEL Bio Park Ltd. Invites tender for “Providing Interior for TICEL office in the new location”. WHEREAS the owner has issued Bill of Quantities and new drawings. WHEREAS the said drawings numbered as per list attached to the tender document, the Specifications and the Bill of Quantities have been signed by or on behalf of the parties hereto, shall form part of this contract AND WHEREAS the Contractor has provided the Owner with a fully priced copy of the said Bill of Quantities (which copy is hereinafter referred to as “the Contract Bills”) AND WHEREAS the said Drawings (hereinafter referred to as “the Contract Drawings”) and the Contract Bills have been signed by or on behalf of the parties hereto.

AND WHEREAS the contractor has furnished a Performance Bank Guarantee for a sum of Rs ………………………. (Rupees ………………………………………………………..only) as performance bank guarantee, valid from the date of commencement of work till the end of the defects liability period of 12 months from the date of taking over of the work by the owner with a claim period of six months after end of DLP, along-with provision for direct revalidation of the bank guarantee on demand if so required by the owner for due performance of this agreement.


Page | 65

NOW IT IS HEREBY AGREED TO AS FOLLOWS:

1. For the consideration hereinafter mentioned the Interior Works will upon and subject to the Conditions annexed carry out and complete the Work shown upon the Contract Drawings and described by or referred to in the Contract Bills and in the said Conditions. 2. The Owner will pay the Interior Works Contractor the said contract amount Rs.........................(Rupees……….……………………..………only)(hereinafter referred to as “the Contract Sum”) or such other sum as shall become payable at intervals, hereunder at the times & based on progress of items of work and in the manner specified in the said Conditions. 3. The term “the Owners” in the said conditions shall mean said having its regd.as Owner's (hereinafter referred to as the Owner's).as nominated by the Owner or in the event of their ceasing to be the Owner for the purpose of this Contract, such other person as the Owner shall nominate for that purpose, not being a person objected to by Contractor to for reasons considered by the Owner., as valid. 4. The said Condition and appendix thereto shall be read and construed as forming part of this Agreement, and the parties hereto shall respectively abide by, submit themselves to the Conditions and perform the agreements on their parts respectively in such Conditions contained. 5. This Contract is not a lump sum contract but an item rate Contract to carry out the work in respect of Interior Works in the construction of TICEL BIO PARK III works, to be paid according to actual measured quantities at the rates contained in the Bill of Quantities and probable quantities after due deductions for TDS and other applicable deductions as provided in the said conditions. 6. The Contractor shall afford every reasonable facility for the carrying out of all works relating to Interior Works and all other ancillary works in the manner laid down in the said Conditions, and shall make good any damage done to walls, floors, and other properties of the owner during execution and after the completion of such works.

7. (a) The owner reserves to itself the right of altering the Drawings and nature of the work by adding to or omitting any items of work or having portions of the same carried out without prejudice to this Contract. There shall be no limit on the scope and extent of changes that can be ordered by the owner and the Contractor shall not be entitled to any compensation or claim due to such change (s) / Order (s) by the Owner except as stated below in Para (b). The Contractor will only be paid for the actual quantity of works done payable at the accepted unit rates. (b) The accepted unit rates shall hold good for overall variation of +/- 25% of each BOQ line items without any change in the rates provided for BOQ line items. The final value of the work done should not exceed 15% of the overall Contracted Price. The contractor shall not be entitled to any compensation or claim due to such change(s) / order (s) by the owner. The contractor will only be paid for the actual quantity of works, for the above said variation at mutually agreed unit rates. 8. Time shall be considered as the essence of this Contract and the Contractor hereby agrees to commence the work from the date of signing the agreement by TICEL BIO PARK Ltd or the handing over of the site to the contractor whichever is earlier as provided for in the said conditions and to complete the Interior Works as per the tender within 45 days thereafter (including Sundays, National Holidays and days of inclement weather) from the date of signing of Agreement. 9. This agreement sets forth the entire understanding between the parties as contemplated in the terms and conditions of the tender documents and other agreements expressly agreed between the parties followed by the letter of award, the same shall be treated as part and parcel of this agreement and supersedes / cancels all prior correspondences that were not expressly agreed to between the parties”. 10. The said Condition and appendix thereto shall be read and construed as forming part of this Agreement, and the parties hereto shall respectively abide by, submit themselves to the Conditions and perform the agreements on their parts respectively in such Conditions contained.


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11. Subject to relevant Clause of the conditions of contract all differences and disputes arising between TICEL BIO PARK Ltd, Chennai and the contractor on any matter connected with the assignment shall be referred to Arbitration. The Arbitration proceedings shall be conducted in English and in accordance with the provisions of Indian Arbitration and Conciliation Act 1996 or any statutory modification or enactment thereof. The venue of Arbitration shall be Chennai. The parties hereby agree that one arbitrator each shall be appointed by each party. The arbitrators together will appoint a third arbitrator who shall act as the Lead Arbitrator.

12. All payments by the Owner under this contract will be made only at Chennai in Indian Rupees by means of cheques after applicable deductions such as TDS etc.

13.That the several parts of this Contract have been read by the Contractor and fully understood by the Contractor. 14. This Tender and contractor’s written acceptance of it shall constitute a binding contract between the two parties.

IN WITNESS WHEREOF the Owner has set its hand to those present through its duly authorized official and the Contractor has caused its common seal to be affixed hereunto and has caused these presents and hereof to be executed on its behalf, the day and year first hereinabove written. Signature Relevant Clause

SIGNED AND DELIVERED by the............................. hand of:

Signature:

Name and Designation:

Address:

WITNESSES:

(1) Signature: (2) Signature

Occupation Occupation:

Address: Address:


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The COMMON SEAL OF............................................... was hereunto affixed pursuant to the resolutions passed by its Board of Directors at the meeting held on....... In the presence of:

(1) Name and Designation:


If the Contractor signs under its common seal, the signature relevant Clause should correspond with the sealing relevant Clause in the Articles of Association.

Directors who have signed these presents in token thereof in the presence of:



If the Contractor signing by the hand of power of attorney,

SIGNED AND DELIVERED BY the Contract by the hand of Shri ........................... and duly constituted attorney.


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Annexure – I

Interior Works

Work Execution Schedule with Time Frame for Completion of Various Stages of Work

S.No. Name of Activity No of Days

Allotted From LOA

a Performance Bank Guarantee Submission Within 10 days

b Signing of Agreement by Contractor Within 15 days

c Deployment of Required Man Power with Project Manager at site.

Within 15 days

d

Approvals for various drawings / Shop drawings etc.

Within 15 days i) Submission of said Documents by the contractor

ii) Approval by Owner and Owner

e Placing order and supply of materials etc., Within 18 days

F Work execution and completion of various etc., Within 43 Days

g Handing over

Within 45 days from the date of

signing of Agreement


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Annexure – 2

SUBMITTAL LIST

METHODOLOGY AND QUALITY CONTROL

The Tenderer shall submit methodology and Quality Control for the following aspects of work along with the Tender. The evaluation of Tender will take into consideration the detailed information provided by the Tenderer. Procurement Plan Execution Plan System to be adopted by Contractor in selecting vendors, Sub - Contractors

Signature of the Tenderer


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Annexure – 3

Schedule of TENDERER’S Site Management Staff Tenderers must enter below the name, qualifications and experience of their key full time site personnel in the proposed site organization.

Name Qualification Position Experience Period when

available from start of work
