5 GCCConsultancy EPC2022 Merged
5 GCCConsultancy EPC2022 Merged
GENERAL CONDITIONS
OF CONTRACT - 2022 www.nbccindia.com
YOUTUBE: NBCC(India)Limited
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GENERAL CONDITIONS
OF CONTRACT - 2022
For Architectural & Engineering
Consultancy Services
(EPC CONTRACTS)
INDEX
Client/Owner
A. Work Experience:
a. Three similar works each costing not less than 40% of the
estimated cost of the project
OR
b. Two similar works each costing not less than 50% of the estimated
cost of the project
OR
c. One similar work costing not less than 80% of the estimated cost of
the project.
iii) The value of executed works shall be brought to the current level by
enhancing the actual value of work done at a simple rate of 7% per
annum, calculated from the date of completion to previous day of initial
stipulated last date of submission of tenders as per NIT .
v) The bidders submitting experience certificate for the works done in joint
venture (JV)/consortium with other firms/companies, their proportionate
experience to the extent of its share in the JV/consortium or work done
by them shall only be allowed on submitting the valid proof of their
share/ work done.
(a) In case the work experience is for the work executed outside India,
the bidders have to submit the completion/experience certificate
issued by the owner duly signed & stamped, and affidavit to the
correctness of the completion/experience certificates. The
Architect/Consultant shall also get the completion/experience
certificate attested by the Indian Embassy/consulate / High
Commission in the respective country.
(b) For the purpose of evaluation of Bidders, the conversion rate of such a
currency into INR shall be the daily representative exchange rate
published by the IMF as on 7 (Seven) days prior to the Last Date of
Submission including extension(s) given if any.
B. Financial Strength:
3. The intending tenderer(s) must read the terms and conditions of this GCC
carefully. He should only submit his bid if eligible and in possession of all
the documents required.
5. The bid document consisting of scope of work and the set of terms and
conditions of the contract to be complied with and other necessary
documents can be seen and downloaded from website
https://nbcc.enivida.com or www.eprocure.gov.in free of cost.
10. Architect firm/ Consultant must ensure to quote rate in percentage. The
column meant for quoting rate in figures appears in pink colour and the
moment rate is entered, it turns sky blue. The rate shall be Quoted upto 2
Decimals.
If any cell is left blank and no rate is quoted by the tenderer, rate of such
item shall be treated as “0” (ZERO) and the bid submitted by him shall be
categorised as unresponsive and be ignored.
11. Notwithstanding anything stated above, NBCC reserves the right to assess
the capabilities and capacity of the tenderers to perform the contract in
the overall interest of NBCC.
12. The tenderer(s) is/are required to quote strictly as per the terms and
conditions, specifications, standards given in the tender documents and
not to stipulate any deviations.
13. The tenderer(s) if required, may submit queries, if any, through E-mail
and in writing to the tender inviting authority to seek clarifications within
07 days from the date of uploading of Tender on website. NBCC will reply
only those queries which are essentially required for submission of bids.
NBCC will not reply the queries which are not considered fit like replies of
which can be implied /found in the NIT/ Tender Documents or which are
not relevant or in contravention to NIT/Tender Documents, queries
received after 07 days from the date of uploading of Tender on website,
extension of time for opening of technical bids, etc. Technical Bids are to
be opened on the scheduled dates. Requests for extension of opening of
Technical Bids will not be entertained.
14. NBCC reserves the right to reject any or all tenders or cancel/withdraw the
Invitation for Bids without assigning any reason whatsoever and in such
case no tenderer / intending tenderer shall have any claim arising out of
such action.
15. Integrity Pact as per Annexure-III under Section-6 (For all contracts
having estimated consulting fees valuing Rs. 5.00 Crores and above):
(iv) The Independent External Monitors (IEMs) has the right to access
without restriction to all Project documentations of the Employer
including that provided by the Consultant. The Consultant will also
grant the Monitor, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his Project
Documentations. The same is applicable to Sub-consultants. The
Monitor is under contractual obligation to treat the information and
documents of the Bidder / Consultant / Sub-Consultants etc. with
confidentiality.
The EMD shall be valid for a minimum period of 180 (One Hundred eighty)
days from the original last day of submission of bid as per NIT. The EMD
shall be scanned and uploaded to the e-Tendering website within the period
of bid submission and original should be deposited in office of NBCC.
16.1 The EMD shall be payable to NBCC without any condition(s), recourse or
reservations.
iii) The EMD of the successful consultant will be discharged after the
consultant has furnished the required acceptable Performance
Guarantee.
f) If the bidder does not intimate the names of persons who are
working with him in any capacity or are subsequently employed by
him who are near relatives to any officers of NBCC and/or name of
bidder’s near relative who is posted in the project office/concerned
zonal/SBG/RBG office of NBCC.
NOTE:
(1) The documents at Sl. No. a, b, c & d (i.e. Cost of bid document,
Demand Draft/Pay order or Banker's Cheque or Bank Guarantee of any
Nationalised or Scheduled Commercial Bank against EMD,
Unconditional letter of acceptance duly signed on letter head,
Notarized Affidavit for correctness of document/information) are
required to be submitted in original in hard copy also within the period
of Bid submission. All other documents are not required to be
submitted in hard copy.
(4) The bidders are advised to submit complete details with their bids.
The Technical Bid Evaluation will be done on the basis of documents
uploaded on e-tendering web site(s) by the bidders with the bids.
Please note no fresh document other than in the form of
clarification/revision in respect of an existing document shall be
accepted after last date of submission of bids.
(7) All the uploaded documents duly sealed and signed by the Power of
Attorney holder should be in readable, printable and legible form
failing which the Bids are liable for rejection.
ii) The tenderer does not upload all the documents as stipulated in the
bid document.
iii) Tenders in which any of the prescribed conditions are not fulfilled or
found incomplete in any respect are liable to be rejected.
20. Before the last time and date of submission of bid as notified, the tenderer
can submit revised bid any number of times.
21. The bid for the works shall remain open for acceptance for a period of 150
days from the last date of submission of bid including the extension given,
if any. In case any tenderer withdraws his bid before the said period or
22. The acceptance of any or all tender(s) will rest with NBCC who does not
bind itself to accept the lowest tender and reserves to itself the right to
reject any or all of the tenders received without assigning any reason
thereof.
24. Date of Start of work shall be reckoned from the 10th day after issue of the
letter of Award (LOA)/ Letter of Intent (LOI) by NBCC.
25. The award of consultancy work, execution and completion of work shall be
governed by tender documents consisting of (but not limited to) NIT,
General Conditions of Contract, Special Conditions of Contract, Technical
Evaluation, Price bid, etc. The tenderers shall be deemed to have gone
through the various conditions while making /preparing their technical &
financial proposals & submitting the Bid(s) including site conditions,
topography of the land, drainage and accessibility etc. or any other
condition which in the opinion of tenderer will affect his price/rates before
quoting their rates.
27. Financial Bid will be opened at 5 PM on the date of the Design Concept
Presentation or as intimated separately in the presence of participants who
choose to attend the opening of the Financial Bid.
29. The bidder shall ensure that all approved makes for each respective items
to be used in the works are proposed by us Make in India(MII) only as per
the norms of minimum local content required as defined in the public
procurement (preference to Make in India) order 2017 or any subsequent
revision.
In case, where reputed MII makes are not available, names of any
imported/foreign makes shall not be specified, instead requisite
specifications of the materials shall be given in the tender.
30. The bidder shall fully comply with the Ministry of MSMED Act, 2006 and
MSME Order 2012 or any further revision at any later date (as per
applicability under clause 1.11 of Instruction to Consultants) during the
entire tenancy of the contract.
INSTRUCTIONS TO CONSULTANT
1.0 Introduction
1.1 The Architect firms / Consultants are invited to submit a Technical bid
together with a Financial bid. The tender will be the basis for technical
discussions/negotiations if required and ultimately for a signed Contract
with the selected Architect firm /consultant.
Contact : ………………………………………………………………..……………
Address : ………………………………………………………………………………
Fascimile : ……………………………………………………………………………..
Phone No : ……………………………………………………….…………………….
Mobile : ……………………………………………………………………………..
1.3 (a) NBCC will provide the inputs to the Architect firms/consultants, if
available. However, NBCC does not assume any Responsibility for any
loss or financial damages on account of use of such information by
consultant & consultants are advised to collect their own information for
preparation, submission of bids & execution of services after award of
work.
1.3 (b) The Architect firms/consultants shall be responsible for obtaining licenses
and permits to carry out the services.
1.4 Architect firms / consultants shall bear all costs associated with the
preparation and submission of their proposals and contract negotiation, site
visits etc. NBCC / Client is not bound to accept any proposal, and reserves
the right to annul the selection process at any time prior to Contract award,
without thereby incurring any liability to the Architect firms / consultants.
Conflicting assignments
Conflicting relationship
(a) Defines, for the purpose of this paragraph, the terms set forth below:
(b) will reject a proposal for award if it determines that the Architect
firm/consultant recommended for award has, directly or through an
agent, engaged in corrupt, fraudulent, collusive or coercive practices
in competing for the contract in question; and
The Architect firm /consultant tender must remain valid for 150 days after
the last date fixed for submission of tender including the extension(s)
given, if any.
1.11 The benefits under the Govt policies as under shall be provided to the
eligible bidders on submitting the relevant supporting documents.
1. Public Purchase (Preference to make in India) order 2017 or any
further revision at any later date
c. Traders.
However, NBCC reserves the right to respond the queries after cut-off date
as mentioned above.
2.2 At any time before the submission of tender, NBCC may modify/ amend the
bid document and extend the last date of submission/ opening of the
tender by issuing a corrigendum/addendum.
b) The Technical bid may be declared non responsive / invalid, if the bid
is not accompanied by the requisite documents as stipulated in tender
document.
The Financial bid shall not include any commercial or technical condition /
information. Financial offer shall be submitted as per Section-5 in
Percentage Rate.
4.1 The original bids (Technical bid and Financial bid) shall contain no
interlineations or overwriting, except as necessary to correct errors made
by the Consultants themselves. The person who signed tender documents
must initial such corrections. Letter for acceptance of tender condition
should be submitted in the prescribed format of Annexure-II, Section-6.
4.3 NBCC shall open the Technical bid after the deadline for the submission of
original in hard form as per NIT. The Financial bid shall remain securely
stored.
4.4 The evaluation of bids shall be done as described in the Section-4 for
tenders invited on Quality and Cost based System.
5.0 Confidentiality
Information relating to evaluation of tenders and recommendations
concerning awards shall not be disclosed to the Architect firms/consultants
who submitted the tender or to other persons not officially concerned with
the process, until the publication of the award of Contract. The undue use
by any Consultant of confidential information related to the process may
result in the rejection of its tender and may be debarred from participating
in future tenders.
6.0 Bids from Consultant against whom action to suspend business dealings has
been taken by NBCC or any of its subsidiaries shall not be accepted for any
future enquiry/ bid/ tender till the expiry of period of debarment. Bidders
may refer to the ‘Guidelines on Suspension of Business’ on NBCC’s website.
CONDITIONS OF CONTRACT
1. Definitions
For the purpose of the agreement, the following words and expressions
shall have the meaning hereby assigned to them except where the context
otherwise requires:
b) Applicable Law means the laws and any other instruments having
the force of law in India.
f) Contract Price means the price to be paid for the performance of the
Services, in accordance with Section-5.
s) Words imparting the singular meaning only also include the plurals
and vice versa where the context requires. Words importing persons
or parties shall include firms and corporations and organizations
having legal capacities.
NBCC would furnish the requirements and area schedule for various
functions to the Architect firm / Consultant, the Architect firm / Consultant
shall, there upon, render the following services and deemed to be included
in their quoted price unless mentioned otherwise:
I. Preliminary Stage
f) Prepare plinth area rate estimate as per CPWD norms. The estimate
shall also include the non-PAR items on prevailing market rate along
with justification, specification.
B. Preliminary Planning:
a) Prepare Master Plan of entire complex/site and its approval from all
statutory authorities.
The consultant shall provide above details in writing for approval of the
Engineer In-charge along with tree planting and transplanting scheme
as per the requirement of the project site.
ii) The Consultant shall prepare a Design Basis Report for all
components including services that are part of this agreement.
The Consultant shall identify necessary existing conditions, soil
condition, climatic condition and usage requirement in
considerations while formulation the design basis report.
The consultant shall supply six copies of the same with the preliminary
drawings to NBCC.
g) Submit market rate analysis for Non Schedule Items supported with
Quotations.
i) Obtain the approval of layout plan & drawing from the competent
authority, statutory body, if necessary, according to the local Acts,
laws, Regulations etc. and make any changes desired by such
authorities. The approved/modified layout plan and drawings are to be
submitted to NBCC.
As per MoE&F guidelines, the consultant shall incorporate the Fly Ash
products such as cement, concrete, bricks, blocks, tiles etc. or similar
products or a combination or aggregate of them for the projects fall
within a radius of 300 Kms. from a coal or lignite based thermal power
plant.
k) The Consultant shall incorporate the principles of Life Cycle cost in the
design in line with GFR Rules 2017-Rule No 136.
The payment schedule shall include all the items of work which are
required to be executed as per the scope of work of the project.
v) Consultant shall ensure that all the approved makes for each
respective items to be used in the works are proposed by them, Make
in India (MII) only as per the norms of minimum local content required
as defined in public procurement (preference to make in India) order
2017 or any subsequent revision.
In case, where reputed MII makes are not available, names of only
imported/foreign makes shall not be specified, instead requisite
specifications of the materials shall be given in the tenders.
After each site visit the Architect should confirm that the work is being
executed as per drawings & specifications and deviations if any shall
be brought to the notice of NBCC.
j) For all contracts having estimated project cost as per NIT valuing Rs.
100 crs & above, 1 no. of Architect / Engineer to be deployed on site
for day to day coordination by the consultant.
3.1 Remuneration
NBCC agrees to pay the Architect firm/Consultant fees for the professional
services to be rendered by them as herein above described at 2(I), II, III,
& IV in clause - 2 “Scope of Work” of section-3.
(b) The above fee at 3.1 (a) is inclusive of fee payable by the consultant to
any other consultant/Associate(s) and nothing extra shall be payable by
NBCC for this purpose.
Note: The part payment against above stages on part completion of required
scope of work under a particular stage can be released as per decision of
Engineer in-charge by mentioning the reasons for the same.
a) All the payments due to the consultant shall be made online and no
cheques/ draft shall be issued.
ii. The consultant shall not make any material deviation, alteration,
addition to or omission from the work except without first obtaining
the written consent of NBCC.
5.1 If the work in full or part is withdrawn from NBCC by the Client, the same
shall be withdrawn from the scope of consultant and proportionate
consultancy fee shall be paid only upto the stage for which the consultancy
work has been completed subject to if it has been paid to NBCC by Client
and the consultant shall have no further claim whatsoever on this account
on NBCC/Client. Since the work is not completed; actual cost of work on
completion will not be considered for deciding proportionate consultancy
fee.
5.2 If any additional works are awarded by the client, and if NBCC desires, the
consultant shall carry out additional work. However, this will be considered
6.1 The contract price is inclusive of all taxes, duties, cess and statutory levies
payable under any law (as applicable on the date of submission of bid) by
the contractor in connection with execution of the contract.
The contract price will be adjusted prospectively for any increase / decrease
in the GST rate on works contract notified by Government of India.
6.3. In case any law requires NBCC to pay tax on the contract price on reverse
charge basis, the amount of tax deposited by NBCC would be considered as
paid to the consultant and, accordingly, the price payable to the consultant
would stand reduced to that extent.
6.4. In case the consultant does not deposit the tax payable on execution of the
contract, or has not provided the tax invoice to NBCC showing the amount
of tax, or has not uploaded the document in computerised tax network as
per prevailing law, leading to non-availability of inputs credit of the tax to
NBCC, the amount equivalent to such tax shall be deducted from the
contract price.
6.5. Stamp duty and registration charges, if any, payable on the executed
contract document, shall be borne by the consultant.
6.7. The consultant has to register himself in GST Act as per applicable law and
submit the details as per annexure-XIII under Section-6.
7.1 For the due performance of the contract in accordance with the terms and
conditions specified, the consultant shall on the day or before signing the
contract which shall not be later than 45 (Forty five) days of the issue of
the Letter of Award/ Letter of Intent, furnish performance security /
Guarantee on the Performa of NBCC(India)Ltd. from a
Nationalized/Scheduled Bank to the extent of 2% of the value of total
consultancy fees of consultant (at this stage it shall be worked out
considering the estimated project cost). The Bank Guarantee shall remain
valid till stipulated time for completion of work plus 90 days. The EMD paid
by the Consultant shall be returned to the consultant after receipt of
Performance Guarantee.
7.2 The Bank Guarantee shall be in favour of NBCC (India) Limited, payable at
New Delhi. The Bank Guarantee should be (in the prescribed format of
NBCC as per Section-6) issued from any Nationalized Bank /Scheduled
Bank.
7.4 The performance security will be discharged by NBCC and returned to the
Architect firm/consultant after successful physical completion of the project
at site and submission of completion drawings and documents to NBCC and
statutory bodies.
7.6 Should the stipulated time for completion of work, for whatever reason be
extended, the consultant, shall at his own cost, get the validity period of
Bank Guarantee in respect of performance security furnished by him
extended and shall furnish the extended / revised Bank Guarantee to NBCC
before the expiry date of the Bank Guarantee originally furnished.
5% of the fee payable to the consultant shall be retained from each running
bill as “Retention Money”, in addition to the performance guarantee.
a. The overall completion period for the execution of this project from the
date of commencement of work shall be mentioned in NIT.
c. Escalation/Price Variation
The time allowed for carrying out the work as specified in clause 9.0 (a)
shall be strictly observed by the consultants and shall be deemed to be the
essence of the contract on the part of the consultants. The work shall
throughout, the stipulated period of the contract, be processed with all
diligence.
The Consultant will be required to complete the entire job within stipulated
time. No extension of time for completing the same shall be given owing to
any variations made in the works by the orders of the clients, unless the
In case the Consultant fails to complete the work within the Contract period
or extended period as above owing to reasons attributable to Consultant,
liquidated damages @ 1% per week of the total fees subject to a maximum
of 10% of the total fees payable shall be levied on the Consultant. NBCC
shall be entitled to deduct such damages from the dues that may become
payable to the consultant. If the work is held up at site due to non-
availability of Drawings/Specifications/Other Details as per mutually agreed
schedule penalty, proportionate to the value of the work which is held up,
shall be imposed on the consultant.
i) That if the consultant abandons the work for any reason whatsoever
or become incapacitated from acting as consultants as aforesaid,
NBCC may make full use of all or any of the drawings prepared by the
consultants and that the consultants shall be liable to refund any
excess fees paid to them up to that date plus such damages as may
be assessed by NBCC.
ii) If at any time after start of work, the client decides to abandon or
reduce the scope of work for any reason whatsoever and hence not
required the whole or any part of the works to be carried out, NBCC
shall give notice in writing to this effect to the Consultant and the
consultant shall have no claim for any payment of compensation, or
otherwise whatsoever, on account of any profit or advance which he
might have derived from the execution of works in full but which he
did not derive in consequence of the foreclosure of the whole or part
of the work.
13.0 Termination:
NBCC without any prejudice to its right against the consultants in respect of
any delay or otherwise or to any claims or damages in respect of any
breaches of the contract and without prejudice to any right or remedies
under any of the provisions of this contract may terminate the contract by
giving one month’s notice in writing to the consultants and in the event of
such termination, the consultants shall be liable to refund the excess
payment, if any, made to them over and above what is due in terms of this
agreement on the date of termination. NBCC may make full use of all or
any of the drawings prepared by the consultants.
iii) All working architectural drawings for all the components (Good for
Construction Drawings).
The Consultant shall supply free of charge to NBCC all the estimates,
details of quantities (BOQ), reports and any other details envisaged under
this agreement, including architectural drawings as indicated above. Any
extra sets of drawings, if required NBCC shall be supplied at mutually
agreed cost. All these drawings will become the property of NBCC. The
drawing cannot be issued to any other person, firm or authority or used by
the consultants for any other project. No copies of any drawing or
document shall be issued to anyone except NBCC and authorized
representative of NBCC.
NBCC without any prejudice to its right against the consultant in respect of
any delay by notice in writing absolutely may determine the contract in any
of the following cases:
b. The Consultant shall fully indemnify NBCC from and against all claims
and proceedings for or on account of any infringement of any patent
right, design, trade mark or name or other protected rights in respect
of any construction plant, machinery work or material used for or in
connection with the work or temporary works.
Whether any claim or claims for payment of money arises out of or under
the contract against the Consultant, NBCC shall be entitled to withhold and
also to have a lien to retain in whole or in part, the security deposit,
performance guarantee and or to withhold and have a lien to retain in part
or in full the payments due to the consultant, or any claims of the
consultant, so as to cover the claimed amount till the claim arising out of or
under the contract is determined by the competent court.
19.0 Jurisdiction
The agreement shall be governed by the Indian Law for the time being in
force and the Courts in Delhi alone will have jurisdiction to deal with matter
arising there from.
5. Consultant shall appoint and notify a team of two senior officials of his
organization as nodal officers to represent the consultant in all the
meetings/presentations with Local Municipal Corporation
Authorities/State/ Client / NBCC/Central Govt. or any other agency.
6. All designs and drawings shall be the property of NBCC. The name and
logo of NBCC shall be predominantly displayed on all the drawings and
documents. The consultant shall not put his name or firms name on
any of the documents/drawings on the DPR. The name of consultant
shall be written as Associate Consultant on all drawings/documents
only after DPR is approved from all the concerned authorities.
If at any time after the commencement of the work NBCC shall for any
reason whatsoever if required to foreclose the work or is not require the
whole work thereof as specified in the tender to be carried out, the
Engineer-in-Charge shall give notice in writing of the fact to the consultant,
who shall have no claim to any payment of compensation whatsoever on
account of any profit or advantage which he might have derived from the
work in full, but which he did not derive in consequence of the foreclosure
of the whole or part of the works.
ii) For proper execution of the works or part thereof for reason other
than the default of the consultant, or
(b) If the suspension is ordered for reasons (ii) and (iii) in sub-Para (a)
above.
The detailed criteria for evaluation of tenders invited on Quality and Cost based
system shall be as under:
To become eligible for Technical Bid Evaluation, the bidder must meet the
Minimum Eligibility Criteria as per NIT. (Only the bids, meeting the
minimum eligibility criteria, as per NIT, will be considered for Stage-A &
Stage-B evaluation)
1.1 STAGE – A :
(i) For Project up to Rs. 100 Cr.
Marks system for the evaluation is as under : (35 Marks)
1. Project Capabilities
Work Experience : Experience of Architectural & Consultancy
20 Marks
services for successfully completed similar works
(i) Minimum Technical Eligibility Criteria as per NIT 10
(Max. up
More than 07 years’ experience, 0.5 Mark for
to 04
each Additional year of Experience
marks)
Total Marks 35
1. Project Capabilities
Work Experience : Experience of Architectural & Consultancy 20 Marks
services for successfully completed similar works
(i) Minimum Technical Eligibility Criteria as per NIT 10
(ii) Twice the Minimum Technical Eligibility Criteria 15
(iii) Thrice the Minimum Technical Eligibility Criteria or more 20
(iv) In between (i) to (iii) – on pro-rata basis
2. In-house Manpower
In-House (i.e. on-roll) Manpower (to be supported with CV, Form 15 Marks
16/16A/26AS and latest Salary Slips) for Assignment
(i) One of the Director/Partner/Chief Architect/Proprietor of 02
company should be registered with ‘Council of Architecture’
& should have minimum 20 years’ of experience in
Architectural & Consultancy work
The tenderers short listed after meeting the minimum eligibility criteria,
shall also be invited for participating in the design concept Competition by
way of presentation before the Committee constituted for the purpose by
NBCC.
The Architect firm/Consultant shall bring Soft copy of their Design concept
and related details at the time of presentation. The concept design shall
incorporate all the parameters as mentioned below under Evaluation
Criteria. The time and venue for presentation will be intimated separately.
The committee shall evaluate the presentation on design concept and would
assign the marks independently and then the assigned marks would be
averaged out.
The consultant shall have no right to challenge the marks assigned by the
committee and, committee shall have no liability to applicant in this regard.
No correspondence would be entertained challenging or contesting the
marking by the individual member of the committee.
C. Presentation 10 Marks
Overall Presentation, Interpretation of Design
(i) Concept, Interaction on concept and response to 10
queries of the committee members.
The lowest Financial Bid (Fm) will be given a financial score (Sf) of 100
points.
The financial scores (Sf) of the other Financial Bids will be determined
using the following formula:
Sf = 100 x Fm/F
In which,
The final selection shall be based on QCBS i.e Quality and Cost based
Selection.
Bids will finally be ranked in accordance with their combined technical (St)
and financial (Sf) scores:
S = St x Tw + Sf x Fw
Where,
The bidder achieving the highest combined technical and financial score
will be considered to be the successful Applicant and work shall be
awarded to the bidder.
FINANCIAL PROPOSAL
We, the….... Bank; lastly undertake not to revoke this guarantee during its
currency without the prior consent of NBCC in writing and upon expiry of which,
we shall be relieved of our liability under this guarantee thereafter.
PLACE :
DATED :
WITNESS.
1.
2.
WHEREAS, the terms and conditions of the contract require the the Architect/
Consultant firm to furnish a bank guarantee for Rs...............
(Rupees...................) being ............% of the total value of the contract
for proper execution and due fulfilment of the terms and conditions
contained in the contract.
We, the.......... Bank, (hereinafter called “The Bank”) which expression shall
unless repugnant to the subject or context include its successors and assigns)
having our registered office at ….... and branch office at ....... hereby
unconditionally and irrevocably undertake and guarantee payment to NBCC
forthwith on the same day on demand in writing and without protest or demur
of any and all moneys payable by the Architect/ Consultant firm to NBCC
under, in respect or in connection with the execution/supply of and
performance of the works/equipment, inclusive of any loss, damages,
charges, expenses and costs caused to or suffered by or which would be
caused to or suffered by NBCC by reason of any breach by the the Architect/
Consultant firm of any of the terms and conditions contained in the contract as
specified in the notice of demand made by NBCC to the bank with reference to
this guarantee up to and aggregate limit of Rs. ............. (Rupees .........only)
the bank hereby agrees with NBCC that:
1. This Guarantee shall be continuing guarantee and shall remain valid and
irrevocable for all claims of NBCC and liabilities of Architect/ Consultant firm
till the date of expiry of BG i.e. …………. The claim period of the Bank
Guarantee shall be for a period of 12 Months after the date of expiry of BG.
2. NBCC shall have the fullest liberty without our consent and without
affecting in any manner our obligations and liabilities hereunder to vary any
of the terms and conditions of the said contract or to extend time for
performance of contract by the the Architect/ Consultant firm from time to
time or to postpone for any time or from time to time any of the
powers exercisable by NBCC against the the Architect/ Consultant firm
6. The Bank hereby waives all rights at any time inconsistent with the terms
of this Guarantee and the obligations of the bank in terms hereof, shall not
be otherwise effected or suspended by reasons of any dispute or disputes
having been raised by the Architect/ Consultant firm (whether or not
pending before any Arbitrator, Tribunal or Court) or any denial of liability
by the Architect/ Consultant firm stopping or preventing or purporting to
stop or prevent any payment by the Bank to NBCC in terms hereof.
1._______________
2._______________
To,
NBCC (I) Limited,
------------------------
------------------------
Dear Sir
Except as provided above, all other terms and conditions of original Bank
Guarantee No. ........................dated .............................. shall remain
unaltered and binding.
Please treat this as an integral part of the original Guarantee to which it would
be deemed to have been attached.
Signature....................................................
Name...........................................................
Designation................................................
Authorised vide Power
of Attorney No..........................................
Dated...........................................................
NBCC has accepted their aforesaid tender and awarded the contract for
Consultancy Services for Architectural planning, Designing and Detailing of ------
--------------------------- vide Letter of Award No. -------------------------- dated
-------------------which have been unequivocally accepted by -----------------vide
their acceptance dated ------------------ .
2.1 The contract shall be performed strictly as per the terms and conditions
stipulated herein and in the following documents attached herewith
(hereinafter referred to as “Contract Documents”).
a) NBCC’s Notice Inviting Tender vide NIT No. --------------- Dated ---------
--------- comprising tender document (Section --- to -------------).
2.4 All the aforesaid contract documents referred to in Para 2.1 to 2.3 above
shall form an integral part of this Agreement, in so far as the same or any
part thereof column, to the tender documents and what has been
specifically agreed to by NBCC. Any matter inconsistent therewith, contrary
or repugnant thereto or deviations taken by the Consultant in its “TENDER”
but not agreed to specifically by NBCC in its Letter of Award, shall be
deemed to have been withdrawn by the Consultant without any cost
implication to NBCC. For the sake of brevity, this Agreement along with its
aforesaid contract documents and Letter of Award shall be referred to as
the “Contract”.
3.2 The scope of work shall also include all such items which are not specifically
mentioned in the Contract Documents but which are reasonably implied for
the satisfactory completion of the entire scope of work envisaged under this
contract unless otherwise specifically excluded from the scope of work in
the contract documents.
3.4 Time is the essence of the Contract and it shall be strictly adhered to. The
progress of work shall conform to agreed works schedule/contract
documents.
3.5 This agreement constitutes full and complete understanding between the
parties and terms of the presents. It shall supersede all prior
correspondence to the extent of inconsistency or repugnancy to the terms
and conditions contained in Agreement. Any modification of the Agreement
shall be effected only by a written instrument signed by the authorized
representative of both the parties.
3.6 The total Consultancy fee for the entire scope of this contract as detailed in
Letter of Award (LOA) is -----------------% ( ----------------------- percent
5.1 The Laws applicable to this contract shall be the laws in force in India and
jurisdiction of Delhi Court (s) only.
Notice of default given by either party to the other party under the
Agreement shall be in writing and shall be deemed to have been duly and
properly served upon the parties hereto, if delivered against
acknowledgment due or by FAX or by registered mail duly addressed to the
signatories at the address mentioned herein above.
WITNESS: WITNESS:
1. 1.
2. 2.
AFFIDAVIT
Affidavit of Mr.........................................S/o.............................................
R/o ..........................................................................................................
I, the deponent above named do hereby solemnly affirm and declare as under:
3. I shall have no objection in case NBCC verifies those from issuing authority
(ies). I shall also have no objection in providing the original copy of the
document(s), in case NBCC demand so for verification.
DEPONENT
From: (To be submitted in ORIGINAL on the letter head of the company by the
authorized officer having power of attorney/as per Board Resolution)
To
NBCC (India) Limited,
___________
___________
Sir,
1 This has reference to above referred tender. I/We have read/viewed all the
tender terms & conditions and are pleased to submit our tender for the
above work and I/We hereby unconditionally accept the tender conditions
and tender documents in its entirety for the above work.
2 I/we are eligible to submit the bid for the subject tender and I/We are in
possession of all the documents required.
Yours faithfully,
INTEGRITY PACT
BETWEEN
AND
Preamble
To meet the purpose aforesaid both the parties have agreed to comply this
Integrity Agreement (hereinafter referred to as "Integrity Pact" or "Pact"), the
terms and conditions of which shall also be read as integral part and parcel of
the Tender/Bid documents and Contract between the parties.
Obligations on Principal
(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles:-
b. The Principal will, during the tender process treat all Architect Firm(s)/
Consultant(s)/Bidder(s) with equity and reason. The Principal will in
particular, before and during the tender process, provide to all Architect
Firm(s)/ Consultant(s)/Bidder(s) the same information and will not
provide to any Architect Firm(s)/ Consultant(s)/Bidder(s),
confidential/additional information through which the Architect Firm(s)/
Consultant(s)/Bidder(s) could obtain an advantage in relation to the
tender process or the contract execution.
c. The Principal will exclude from the process all known prejudiced persons.
The Principal shall obtain bids from only those parties who have been
short-listed or pre-qualified or through a process of open advertisement/
web publishing or any combination thereof.
(2) If the Principal obtains information on the conduct of any of its employees,
Architect Firm(s)/ Consultant(s) or Bidder(s), which is a criminal offence
under the IPC/PC Act, or if there be a substantive suspicion in this regard,
the Principal will inform the Chief Vigilance Officer or the principal will take
remedial actions as per department/conduct rules and subject to its
discretion, can additionally initiate disciplinary actions.
(3) The Principal will enter into agreements with identical conditions with all
Architect Firm(s)/Consultant(s)/Bidder(s) for the different Work Packages in
the aforesaid Project.
(4) The Principal will disqualify from the tender process all Architect Firm(s)/
Consultant(s)/Bidder(s) with estimated cost of work put to tender of Rs 5.0
crores and above, who do not sign this Pact or violate its provisions.
Without prejudice to any rights that may be available to the Employer under law
or the Contract or its established policies and laid down procedures, the
Employer shall have the following rights in case of breach of this Integrity Pact
by the Bidder(s)/ Architect Firm(s)/Consultant(s) and the Bidder/Architect
Firm/Consultant accepts and undertakes to respect and uphold the Employer
absolute right:
(3) If it is observed after payment of final bill but before the expiry of validity of
Integrity Pact that the consultant has committed a transgression, through a
violation of any of the terms under Section 2 above or any other term(s) of
this Pact, during the execution of contract, the Principal will be entitled to
exclude the consultant from further tender/contract award processes.
(4) The exclusion will be imposed for a minimum period of six (6) months and a
maximum period of three (3) years.
(2) If at any point of time during the tender process or after the awarding of the
Contract, it is found that the Bidder(s)/Architect Firm(s)/ Consultant(s) has
made an incorrect statement on this subject, he can be disqualified from the
tender process or if, as the case may be, that the Contract, is already
awarded, it will be terminated for such reason and the Bidder(s)/Architect
Firm(s)/ Consultant(s) can be black listed in terms of Section 3 above.
(3) If the Bidder/ Architect Firm/ Consultant can prove that he has resorted /
recouped the damage caused by him and has installed a suitable corruption
prevention system, the Employer may, at its own discretion, revoke the
exclusion prematurely.
(1) The Principal shall, in case where the Project Value is in excess of Rs 5.0
crore and above, appoint competent and credible Independent External
Monitor(s) with clearance from Central Vigilance Commission. The Monitor
shall review independently, the cases referred to it to assess whether and to
what extent the parties concerned comply with the obligations under this
Integrity Pact.
(4) The Bidder(s) /Architect Firm(s)/ Consultant(s) accepts that the Monitor shall
have the right to access, without restriction, all Project documentation of the
Principal including that provided by the consultant. The consultant will also
grant the Monitor, upon his/her request and demonstration of a valid interest,
unrestricted and unconditional access to its project documentation. The
Monitor is under contractual obligation to treat the information and
documents of the Bidder(s) /Architect Firm(s)/ Consultant(s) with
confidentiality.
(5) The Principal will provide to the Monitor, sufficient information about all
meetings among the parties related to the Project, provided such meetings
could have an impact on the contractual relations between the Principal and
the consultant.
(6) As soon as the Monitor notes, or believes to note, a violation of this Pact, he
will so inform the Principal and request the Principal to discontinue and/or
take corrective action, or to take other relevant action(s). The Monitor can in
this regard submit non-binding recommendations. However, beyond this, the
Monitor has no right to demand from the parties that they act in a specific
manner and/or refrain from action and/or tolerate action.
(7) The Monitor will submit a written report to the CMD, NBCC within 4 to 6
weeks from the date of reference or intimation to it and, should the
occasion arise, submit proposals for corrective actions for the violation or the
breaches of the provisions of the agreement noticed by the Monitor.
(8) If the Monitor has reported to the CMD, NBCC, of a substantiated suspicion of
an offence under relevant IPC/PC Act, and the CMD, NBCC, has not, within
the reasonable time taken visible action to proceed against such offence or
reported it to the Chief Vigilance Officer, the Monitor may also transmit this
information directly to the Chief Vigilance Officer, NBCC.
(9) The word ‘Monitor’ means Independent External Monitor and includes both
singular and plural forms.
(10) For ensuring the desired transparency and objectivity in dealing with the
complaints arising out of any tendering process, the matter should be
examined by the full panel of IEMs jointly as far as possible, who would look
into the records, conduct an investigation, and submit their joint
recommendations to the Management.
(11) IEM should examine the process integrity, they are not expected to concern
themselves with fixing of responsibility of officers. Complaints alleging
(12) The role of IEM is advisory, would not be legally binding and it is restricted
to resolving issued raised by an intending bidder regarding any aspect of the
tender which allegedly restricts competition or bias towards some bidders.
At the same time, it must be understood that IEMs are not consultants to
the Management. Their role is independent in nature and the advice once
tendered would not be subject to review at the request of the organisations.
(13) Issues like warranty / guarantee etc. should be outside the purview of IEMs.
(14) The role of the CVO of the organization shall remain unaffected by the
presence of IEMs. A matter being examined by the IEMs can be separately
investigated by the CVO in terms of the provisions of the CVC Act or
Vigilance Manual, if a complaint is received by him/her or directed to
him/her by the commission.
This Pact shall come into force when both parties have legally signed it. The Pact
shall expire, in case of the Architect Firm(s)/Consultant(s), 3 (three) months
after the last payment under the Contract is made and in case of the
unsuccessful Bidder(s), 2 (two) months after the contract for the project has
been awarded.
If any claim is made / lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it is
discharged / determined by CMD of NBCC.
(4) Should one or several provisions of this agreement turn out to be invalid,
the remainder of this agreement shall remain valid and binding. In such a
case, the parties will strive to come to an agreement in accordance to their
original intentions.
(5) Wherever he or his as indicated in the above sections, the same may be
read as he/she or his/her, as the case may be.
(6) It is agreed term and condition that any dispute or difference arising
between the parties with regard to the terms of this Integrity Agreement /
Pact, any action taken by the Principal in accordance with this Integrity
Agreement! Pact or interpretation thereof shall not be subject to arbitration
__________ ___________________
Place_________
Date _________
Witness 1:
Witness 2:
GENERAL INFORMATION
1. Name of Applicant/Company
4. Contact Person:
Telephone Nos.
Fax Nos.
Mobile
5. Type of Organization:
a) An individual
b) A proprietary firm
c) A firm in partnership
(Attach copy of Partnership)
d) A Limited Company
(Attach copy of Article of Association)
7. Details of Registration of
Proprietor/Partners/Directors with various
Institutions
Account Number:
IFS Code:
MICR Code:
S. Name of Name Date and Date Date of Cost of the Value Reference
N. work of No. of of Completion Work on of TDS and Page No.
and its Client Completion Start completion in case of
location Certificate of Documentary
Private Proof of the
Work detail missing
in completion
certificate
1.
2.
3.
4.
5.
6.
1. Certified that the Completion Certificates of above works are enclosed with the
Tender Documents.
2. Details mentioned in the above Form are as per Completion Certificates and
have not been presumed.
Dispatch No…………
Date: ………………
3 Agreement Amount
5 Date of Start
(b) Resourcefulness
Attach Copies of CVs duly attested by the individual as well as by the authorised
signatory of the company.
Attach Copies of Qualification, FORM-16/16A/26AS and latest salary slips duly
certified by the individual as well as by authorised signatory of the company.
For Team leader and Project manager, in support of claimed experience associated
with the Bidder, certified copy of Appointment/Offer letter (duly certified by the
individual as well as by authorised signatory of the company) shall also be attached.
In case of non-submission of any of the supporting document, Zero mark will be
given in the respective category.
S. Name of Name Date and Type of No. of No. of Height Ref. &
No. Work for of No. of Work i.e. Basements Storey of Page
which Clients Completion Residential Building No. of
Experience Certificate or Non Docume
Certificate Residential ntary
has been Proof of
submitted the
detail
missing
in
completi
on
certifica
te
1
2
3
4
5
6
Name of Bidder-------------------------------------------------
Rs. (In
Lacs)
a b c (a+b+c)/3
(i) Annual
Turnover
for the
Financial
Year
(FY)
II. Summarised page of Profit & Loss Account of previous three Financial Years is
to be enclosed.
S. Nam Nam Project Ref. No. Cost of Total Paymen TDS Year
No. e of e of Cost and Date the work Consultan ts Correspondi wise TDS
wor Client in of issue on cy Fee for receive ng to the asper
k s Crores of completi the d as payments Form-
Completi on in Project per 26AS
on crores In Lakhs TDS in relating
Certificat Lakhs to the
e work
1.
2.
3.
4.
5.
6.
Note: Value of Work done will be considered commensurate with TDS Certificates
S. Description Details
No.
1 Structural Consultant
2 Façade Designer
3 Interior Designer
4 Electrical Consultant
6 Acoustic Consultant
8 Environment Consultant
10 Lighting Consultant
11 HVAC Consultant
12 Landscape Consultant
Sr.
Consultant / Vender Details
No.
1 Entity Name
3 City
4 Postal Code
10 Contact Person
12 E-mail ID
Dear Sir(s),
The following typographical error in the GCC (Consultancy) EPC 2022 & GCC
(Consultancy) PMC 2022 has been noted which may be corrected as under:
Corrected Clause
(Showing Deletion in RED and Addition in GREEN)
Annexure-VI
1. Certified that the Completion Certificates of above works are enclosed with the Tender
Documents.
2. Details mentioned in the above Form are as per Completion Certificates and have not
been presumed.
If any detail is not mentioned in the Work Completion Certificate, documentary proof of
detail is to be submitted and uploaded on Tender Website along with the Completion
Certificate.
Thanking you,
Yours faithfully,
Rakesh Garg
Sr. Executive Director
Dear Sir(s),
The following typographical error in the GCC (Consultancy) EPC 2022 & GCC
(Consultancy) PMC 2022 has been noted which may be corrected as under:
Corrected Clause
(Showing Deletion in RED and Addition in GREEN)
Annexure-VI
1. Certified that the Completion Certificates of above works are enclosed with the Tender
Documents.
2. Details mentioned in the above Form are as per Completion Certificates and have not
been presumed.
If any detail is not mentioned in the Work Completion Certificate, documentary proof of
detail is to be submitted and uploaded on Tender Website along with the Completion
Certificate.
Thanking you,
Yours faithfully,
Rakesh Garg
Sr. Executive Director
CONTRACT ENGINEERINGDIVISION
Sub: - NBCC GCC (Consultancy) for EPC Works - 2022 – Amendment No.:02
Dear Sir(s),
With reference to the subject cited above, please find enclosedherewith
"Amendment No.:02” to the NBCC GCC (Consultancy) for EPC Works 2022. This
Amendment will be an integral part of NBCC GCC (Consultancy) for EPC Works 2022.
This Amendment shall be effective from the date of issue of this circular.
Thanking you,
Yours faithfully,
Viv9r4upta
va”
GM (CE)
End.: As above
Amendment No. 02
to
NBCCGCC (Consultancy) for EPC Works - 2022
The modified clauses in NBCCGCC (Consultancy)for EPC Works– 2022 are as under:
The interested bidders should meet the following minimum qualifying criteria:
A. Work Experience:
B. Financial Strength:
I I The Average annual audited financial turnover (after enhancement)for last
3 years shall be at least 40% of the estimatedconsultancy fee put to tender.
The requisite Turnover shall be duly certified by a Chartered Accountant with
his Seal/signaturesand registration number.
In case the precedinq financial year is unaudited, then an affidavit certified
by Chartered Accountantin this regard shall be submittedby the bidder and
the threeFinancialYears immediatelypreceding the previous FinancialYear
shall be consideredfor evaluation
The value of annual turnover figures shall be brought to the current value
(i.e. preceding Financial year) by enhancing the actual turnover figures at
simple rate of 7% per annum.
11 The bidders are required to upload page of summarised Balance Sheet (Audited)
and also page of summarised Profit & Loss Account (Audited) for immediate last
threeyears.
Note-
Illustration l: Suppose, Last Date of Bid submission is 21.05.2023 with
unaudited balance sheet of last financial year. Relevant year of turnover
shall be 2021-22, 2020-24, 2019-20, Figures of turnover of 2021 - 22 shall
be enhanced by 7%. Figures of turnover of 2020-21 shall be enhanced by
,74%. Figures of turnover of 2019-20 shall be enhanced by 21 %.
NBCC(INDIA)
err\rnenl
O a LIMITED
iefF
SECTION-3
CLAUSES OF CONTRACT
7.2 The Bank Guarantee shall be in favour of NBCC(India) Limited, payable at New
Delhi. The Bank Guarantee should be (in the prescribed format of NBCC as per
Section-6)issued from any Nationalized Bank/Scheduled Bank.
7.3 It is expressly understood and agreedthat the performance security is intended to
secure the performanceof entire contract. It is also expressly understoodand agreed
that the performance security is not to be construed The forfeiture of Performance
Security by the NBCC, would not operate as bar/set off/adjustrnentfromany amount
of money which becomes recoverableor is recovered by the NBCC; to cover any
damages detailed/ stipulated in various clauses in the Contract document. In case
of Performance Security being forfeited by the NBCC, the consultant would
immediatelyreplenish the amount of PerformanceSecurity.
7.4 The performance security will be dischargedby NBCC and returned to the Architect
firm/consultant after successful physical completion of the project at site and
submission of completion drawingsand documentsto NBCCand statutory bodies,
and after completionof Defect Liability Period of contractor.
7.5 NBCCreserve the right of forfeiture of the performance guarantee in additions to
other claims and penaltiesin the event of the consultant’s failure to fulfil any of the
contractual obligations or in the event of terminationof contract as per terms and
conditions of contract.
7.6 Should the stipulatedtime for completion of work, for whatever reason be extended,
the consultant, shall at his own cost, get the validity period of Bank Guarantee in
respect of performance security furnished by him extended and shall furnish the
NBCC (INDIA)
{ ACR-}';ernment
LIMITED
oflndFaEnterprise )
extended / revised Bank Guarantee to NBCC before the expiry date of the Bank
Guarantee originally furnished .
conditions of contract.
Section-06
Formats & Annexures
Annexure-X
Name of Bidder-------------------------------------------------
TURN OVERFOR LAST THREE YEARS
(Details to be filled online)
I. FinancialAnalysis:This certificate is to be submitted in original along with the Bid
Documents.
I
* As per audited balance sheet
l8f®
NBCC (INDIA) LIMITED
{A(kyjernment of IndiaEnterprIse
)
II. Summarised page of Profit & Loss Account of previous three FinancialYears is
to be enclosed.
I
Signature of Chartered Signatureof the Bidder
Accountant with Seal with Seal
Membership No.
UDIN :
The modified clauses in NBCC GCC (Consultancy) for EPC Works – 2022 are as under:
II. The bidders are required to upload page of summarised Balance Sheet
(Audited) and also page of summarised Profit & Loss Account (Audited)
for immediate last three years.
Note-
Illustration 1: Suppose, Last Date of Bid submission is 21.05.2023 with
unaudited balance sheet of last financial year. Relevant year of
turnover shall be 2021-22, 2020-21, 2019-20. Figures of turnover of
2021 - 22 shall be enhanced by 7%. Figures of turnover of 2020-21 shall
be enhanced by 14%. Figures of turnover of 2019-20 shall be enhanced
by 21%.
Illustration 2: Suppose, Last Date of Bid submission is 21.05.2023 with
audited balance sheet of last financial year available. Relevant year
of turnover shall be 2022-23, 2021-22, 2020-21. Figures of turnover of
2022-23 shall not be enhanced. Figures of turnover of 2021-22 shall be
enhanced by 7%. Figures of turnover of 2020-21 shall be enhanced by
14 %.
SECTION-03
CLAUSES OF CONTRACT
7.0 Performance Security/ Guarantee
7.1 For the due performance of the contract in accordance with the terms and
conditions specified, the consultant shall on the day or before signing the
contract which shall not be later than 45 (Forty five) days of the issue of the
Letter of Award/ Letter of Intent, furnish performance security / Guarantee in the
form of Bank Guarantee on the Performa of NBCC(India)Ltd. from a
Nationalized/Scheduled Bank to the extent of 5% of the value of total
consultancy fees of consultant (at this stage it shall be worked out considering
the estimated project cost). Fifty percent (50%) of Performance Guarantee can
be submitted in the form of Insurance Surety Bond, issued by Insurance
Company authorized by Insurance Regulatory and Development Authority of
India, in the attached format. In such cases, the remaining 50% of performance
guarantee (i.e. an amount equal to 2.5% of the contract value) shall have to be
deposited in the form of BG as prescribed above. The Bank
Guarantee/Insurance Surety Bond shall remain valid till stipulated time for
completion of Defect Liability Period plus 90 days. The EMD paid by the
Consultant shall be returned to the consultant after receipt of Performance
Guarantee.
As, Insurance Surety Bond is a part of Performance Guarantee, relevant
provisions applicable to Performance Guarantee/ Performance Bank Guarantee
7.2 The Bank Guarantee/ Insurance Surety Bond shall be in favour of NBCC (India)
Limited, payable at New Delhi. The Bank Guarantee or Insurance Surety Bond
should be (in the prescribed format of NBCC as per Section-6) issued from any
Nationalized Bank /Scheduled Bank or Insurance Company respectively.
7.3 It is expressly understood and agreed that the performance security is intended
to secure the performance of entire contract. The forfeiture of Performance
Security by the NBCC, would not operate as bar/set off/adjustment from any
amount of money which becomes recoverable or is recovered by the NBCC to
cover any damages detailed/ stipulated in various clauses in the Contract
document. In case of Performance Security being forfeited by the NBCC, the
consultant would immediately replenish the amount of Performance Security.
7.4 The performance security will be discharged by NBCC and returned to the
Architect firm/consultant after successful physical completion of the project at
site and submission of completion drawings and documents to NBCC and
statutory bodies and after completion of Defect Liability Period of contractor.
7.5 NBCC reserve the right of forfeiture of the performance guarantee in additions
to other claims and penalties in the event of the consultant’s failure to fulfil any
of the contractual obligations or in the event of termination of contract as per
terms and conditions of contract.
7.6 Should the stipulated time for completion of work, for whatever reason be
extended, the consultant, shall at his own cost, get the validity period of Bank
Guarantee/Insurance Surety Bond in respect of performance security furnished
by him extended and shall furnish the extended / revised Bank
Guarantee/Insurance Surety Bond to NBCC before the expiry date of the Bank
Guarantee/Insurance Surety Bond originally furnished.
SECTION-03
20.0 General:
…..
…..
(2) If, at any time after the awarding of the Project, the Principal has terminated the
contract according to Section 3, or if the Principal is entitled to terminate the
contract according to Section 3, the Security Deposit/Performance Bank
Guarantee furnished by the consultant, if any, as per the terms of the
NIT/Contract shall be forfeited without prejudice to any other legal rights and
remedies available to the Principal under the relevant clauses of General/ Special
Conditions of Contract.
SECTION-06
Annexure-X
Name of Bidder-------------------------------------------------
I. Financial Analysis: This certificate is to be submitted in original along with the Bid
Documents.
II. Summarised page of Audited Profit & Loss Account and Audited Balance Sheet
of previous three Financial Years duly certified by the chartered accountant, is to
behave been enclosed.
III. It is hereby confirmed that the Balance sheet for the preceding Financial year i.e.
F.Y. ________ has actually not been audited/ or under finalisation so far.
(Delete/strikeout this para, if not applicable)
WHEREAS, the terms and conditions of the contract require the the Architect/
Consultant firm to furnish a Surety Bond for Rs............... (Rupees...................) being
............% of the value of total consultancy fees for proper execution and due
fulfilment of the terms and conditions contained in the contract.
We, the.......... , (hereinafter called “Surety Insurer”) which expression shall unless
repugnant to the subject or context include its successors and assigns) having our
registered office at ….... and branch office at ....... hereby unconditionally and
irrevocably undertake and guarantee payment to NBCC forthwith on the same day
on demand in writing and without protest or demur of any and all moneys payable
by the Architect/ Consultant firm to NBCC under, in respect or in connection with
the execution/supply of and performance of the works/equipment, inclusive of any
loss, damages, charges, expenses and costs caused to or suffered by or which
would be caused to or suffered by NBCC by reason of any breach by the the
Architect/ Consultant firm of any of the terms and conditions contained in the contract
as specified in the notice of demand made by NBCC to the Surety Insurer with
reference to this Surety Bond up to and aggregate limit of Rs. ............. (Rupees
.........only) the Surety Insurer hereby agrees with NBCC that:
2. NBCC shall have the fullest liberty without our consent and without affecting
in any manner our obligations and liabilities hereunder to vary any of the terms
and conditions of the said contract or to extend time for performance of contract
by the Architect/ Consultant firm from time to time or to postpone for any time or
from time to time any of the powers exercisable by NBCC against the
Architect/ Consultant firm under the contract and forbear or enforce any of the
terms and conditions relating to the said contract and we shall not be relieved
from our liability by reason of any such variations or extension being granted to
the contractor or for any forbearance, act or omission on the part of NBCC or
any indulgence by NBCC to the Architect/ Consultant firm or by any such matter
or thing whatsoever, which under the law relating to the sureties would, but for
this provision, have effect of so relieving us.
3. This Surety Bond shall be in addition to any other Surety Bond or security
whatsoever NBCC may now or at any time have in relation to the performance
of the works/equipment and NBCC shall have full authority to take re-course or
to enforce this security in preference to any other Surety Bond or security which
the NBCC may have or obtained and no forbearance on the part of NBCC in
enforcing or requiring enforcement of any other security shall have the effect of
releasing the Surety Insurer from its liability hereunder.
4. This Surety Bond shall not be determined or affected by the liquidation or winding
up, dissolution or change of constitution or insolvency of the Architect/ Consultant
firm, but shall in all respects and for all purposes be binding and operative until
payment of all moneys payable to NBCC in terms thereof are paid by the Surety
Insurer or till expiry of the Surety Bond including claim period of Surety Bond,
whichever is earlier.
5. The Surety Bond in no event be terminable, for any change in the constitution of
the Surety Insurer or for any other reasons whatsoever and the liability of the
Surety Insurer hereunder shall not be impaired or discharged by any extension
of time or variations or alterations made, given, or agreed with or without
knowledge or consent of NBCC, by or between the Architect/ Consultant firm and
the Surety Insurer.
7. The amount stated in any notice of demand addressed by NBCC to the Surety
Insurer as liable to be paid to NBCC by the Architect/ Consultant firm or as
suffered or incurred by NBCC on account of any losses or damages, costs,
charges and / or expenses shall as between the Surety Insurer and NBCC be
conclusive of the amount so liable to be paid to NBCC or suffered or incurred
by NBCC as the case may be and payable by the Surety Insurer to NBCC in
terms hereof subject to a maximum of Rs ...........(Rupees ....................only).
8. Unless demand or claim under this Surety Bond is made on the Surety Insurer in
writing within 12 Months after the date of expiry of the Surety Bond, the Surety
Insurer shall be discharged from all liabilities under this Surety Bond there under.
Notwithstanding anything contained herein before our liability under this Surety Bond
is restricted to Rs. ................ (Rupees............................only). This Surety Bond will
expire on...... Any claim under this Surety Bond must be received by us within 12
Months after the date of expiry.
This Surety Bond is subject to the Uniform Rules for Demand Guarantees (URDG)
2010 Revision, ICC Publication No. 758, except that the supporting statement under
Article 15(a) is hereby excluded.
WITNESS.
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