The Contract means the documents forming the tender and acceptance thereof

and the formal agreement executed between the competent authority on behalf of
the Delhi Jal Board and the Contractor, together with the documents referred to
therein including these conditions, the specifications, designs, drawings and
instructions issued form time to time by the Engineer-in-Charge and all these
documents taken together, shall be deemed to form one contract and shall be
complementary to one another.
2. In the contract, the following expressions shall, unless the context otherwis
e
requires, have the meanings, hereby respectively assigned to them :-
i) The expression works or work shall, unless there be something either in the
subject or context repugnant to such construction, be construed and taken to
mean the works by or by virtue of the contract contracted to be executed
whether temporary or permanent, and whether original, altered, substituted or
additional.
ii) The site shall mean the land / or other places on, into or through which wor
k is
to be executed under the contract or any adjacent land, path or street through
which work is to be executed under the contractor any adjacent land, path or str
eet
which may be allotted or used for the purpose of carrying out the contract.
iii) The contractor shall mean the individual, firm or company, whether
incorporated or not, undertaking the works and shall include the legal personal
representative of such individual or the persons composing such firm or
company, or the successors of such firm or company and the permitted assignees
of such individual, firm or company.
iv) The D.J.B. means the Delhi Jal Board and its successors.
v) The Engineer-in-charge means the Engineer Officer who shall supervise and
be in charge of the work and who shall sign the contract on behalf of the
Delhi Jal Board as mentioned in Schedule 'F' hereunder.
vi) Government or Government of N.C.T. of Delhi shall mean the Delhi Jal Board.
vii)Accepting Authority shall mean the authority mentioned in Schedule 'F'.
viii) Excepted Risk are risks due to riots (other than those on account of
contractor's employees), war (whether declared or not) invasion, act of foreign
enemies, hostilities , civil war, rebellion revolution, insurrection, military o
r
usurped power, any acts of Government, damages from aircraft, acts of God,
such as earthquake, lightening and unprecedented floods, and other causes over
which the contractor has no control and accepted as such by the Accepting
Authority or causes solely due to use or occupation by Government of the part of
the works in respect of which a certificate of completion has been issued or a
cause solely due to Government's faulty design of works.
ix) Market Rate shall be the rate as decided by the Engineer-in-Charge on the ba
sis
of the cost of materials and labour at the site where the work is to be executed
plus the percentage mentioned in Schedule "F" to cover, all overheads and
profits.
x) Schedule(s) referred to in these conditions shall mean the relevant schedule(
s)
annexed to the tender papers or the standard Schedule of Rates of the
6
Government mentioned in Schedule "F" hereunder, with the amendments thereto
issued upto the date of receipt of the tender.
xi) Department means D.J.B. Government of N.C.T. of Delhi which invites tenders
on behalf of the Delhi Jal Board as specified in Schedule "F".
xii)Tendered value means the value of the entire work as stipulated in the lette
r of
award.
Scope and performance
3. Where the context so requires, words imparting the singular only also include
 the
plural and vice versa. Any reference to masculine gender shall whenever required
include faminine gender and vice versa.
4. The contractor shall be furnished, free of cost one certified copy of the con
tract
documents except standard specifications, Schedule of Rates and such other
printed and published documents, together with all drawings as may be forming
part of the tender papers. None of these documents shall be used for any
purpose other than that of this contract.
Works to be carried out
5. All the works shall be executed as per CPWD specifications including latest a
mendments and
relevant IS codes and Technical Specifications. As the work is of a prestigious/
urgent nature,
the contractor has to complete the job to the full satisfaction of the Engineer-
in-charge and
within stipulated schedule time period as per Work order. The main components of
works
involved are:
• Providing, laying and jointing 450mmdia MS water line
• Control valves (sluice valves), scour valves and air valves provided at suitable
points
as per L-section which shall be prepared by the contractor during executing the
work.
L-section of the laid pipe line shall comprised ground levels, IL/Top of pipe. T
he
contractor will submit 6 sets of final L-section along with the final bill.
• Thrust blocks, valve chamber and all related civil works required for successful
completion of the project.
Sufficiency of tender
6. The Contractor shall be deemed to have satisfied himself before tendering as
to
the correctness and sufficiency of his tender for the works and of the rates and
prices quoted in the Schedule of Quantities, which rates and prices shall, excep
t as
otherwise provided, cover all his obligations under the contract and all matters
and
things necessary for the proper completion and maintenance of the works.
Discrepancies and Adjustment of Errors
7. If a condition/ specification/ clause is mentioned at more than one place and
is having
different implications/ meaning, the most stringent favoring the employer shall
be adopted for
operation of the contract agreement.
Signing/ award of Contract
7. The contract will be awarded to the Bidder whose Tender is adjudged in accord
ance with this
Tender Specification, to be in the best interest of the Delhi Jal Board. The suc
cessful bidder
shall submit the documents like Constitution of firm, Partnership deed, power of
attorney of
authorized representative signing the documents etc, Non Judicial Stamp Paper of
Rs.50/-,
Downloaded Bid documents i/c corrigendum, addendum etc, if any, as applicable fo
r
execution of Contract Agreement within 15 days from the Notification of Award of
work. The
authorized representative will present himself in the office of Delhi Jal Board
with seals etc.
for signing of documents.
No payment for the work done will be made unless contract is signed by the contr
actor.
7
9. Objective
Restoration of 450mmdia water main by P/L 450mmdia MS water main.
10. Scope of Work
In this section broader details of works have been mentioned for the bidder to h
ave
an assessment about the scope of work involved in this project but shall not
be limited to this. The scope of work will include all related works (civil), wh
ich
will be required for successful completion and commissioning of the proposed
scheme. The interested bidder may like to refer “Special Conditions “of the
work contained herewith.
11. Alignment
The alignment for laying of the water main is depicted in enclosed Map.
12. Excavation
The pipeline generally follows the road edge and excavation may involve cutting
of
bituminous road. Some portion of the alignment follows Katcha path and in few
sections pipe has to be laid along parks/farming land.
The contractor shall take necessary permission from various authorities like PWD
,
DDA, Power distribution companies in the area viz. BSES Rajdhani, Horticulture
department, MCD,MTNL. etc. to facilitate laying of pipeline. The Delhi Jal Board
shall however to assist the contractor in obtaining such permissions by issuing
recommendation letters.
During excavation strata of any type ranging from ordinary soil to rock may be m
et
with, the provision in BOQ is taken for all kinds of strata of soil/ rocks.
13. Undertakings on letter head as per format attached:
a) Regarding non black listing and debarring from tendering by any of its client
s. (Specimen
given hereunder in the document as Annexure -1).
b) Regarding acquainted with the tender document/ condition and entering into co
ntract
agreement as described in Annexure-2.
c) Regarding working of blood relation employees of tenderer in DJB on an affida
vit of Rs.100 of
non judicial paper as described in Annexure-3.
14. Tendering procedure
The tenders are to be submitted through electronic tendering process. The bidder
s shall down
load the entire document and upload only the scanned copies supporting their exp
erience and
other details as has been asked in different sections of the document. The Bidde
r shall be
deemed to have read and examined the Tender Documents before quoting the rates i
n all the
formats given in the bid document. The drawing(s), Specifications, Clauses and C
onditions, etc
are to be considered as explanatory of each other and no advantage shall be take
n of any
omission in Tender Documents.
Before submission of tender, the bidders are advised to go through the eligibili
ty criteria, terms
& conditions and specifications given in tender documents carefully. The complet
e tender
document is available on the web Site http://delhi.govtprocurement.com which sha
ll form the
part of contract agreement with the successful bidder. The tenders are to be sub
mitted in two
parts i.e. Part A & Part B. The part A of the tender is technical bid and part B
as financial bid.
The bidders are required to upload the scanned copies of the certificates and ot
her supporting
8
documents as technical bid. The requirement of documents for uploading is given
in the tender
document. The price schedule as per formats given under BOQ, is required to be f
illed in on
line as a financial bid. The bidder will be required to quote price for one opti
on only.
The tenders shall be submitted online only.
15 Forfeiture of Earnest Money
15.1 If any Bidder withdraws his tender before the expiry of validity period, or
before the issue of
letter of acceptance, whichever is earlier, or makes any modification in terms a
nd conditions
of the tender which are not acceptable to the department, then the department sh
all, without
prejudice to any other right or remedy, be at liberty to forfeit 50 % of the Ear
nest Money
absolutely. This provision would naturally apply only to the lowest bidder once
the earnest
money of all the bidders except the lowest are refunded.
15.2 If the contractor fails to furnish the prescribed Performance guarantee wit
hin the prescribed
period, the earnest money is absolutely forfeited to DJB.
15.3 In case the contractor fails to commence the work specified in the tender d
ocuments on 15TH
day or such period as mentioned in the letter of award, after the date on which
the Engineerin-
charge issues written orders to commence the work, or from the date of handing o
ver of
the site whichever is later, the department shall, without prejudice to any othe
r right or
remedy, be at liberty to forfeit whole of the earnest money absolutely.
15.4 If only a part of the work as shown in the tender is awarded and the contra
ctor does not
commence the work, the amount of the earnest money to be forfeited to the depart
ment
should be worked out with reference to the estimated cost of the work so awarded
.
15.5 In case of forfeiture of earnest money as prescribed above, the tenderer sh
all not be allowed to
participate in the retendering process of the work.
16. 1 Site Visit
The Tenderer shall visit the site and make himself thoroughly familiar with the
site conditions,
accessibility, all other possible difficulties and other requirements mentioned
elsewhere in his
Tender prior to submission. When a Tenderer submits his tender for this work, it
will be
considered that he has quoted for this work with full and complete knowledge of
the site and
prevailing conditions, and no claim for additional compensation shall be enterta
ined on this
account. The Tenderer shall be deemed to be fully conversant with other extensiv
e
development and construction work currently being in progress or may start in fu
ture on and
around the site and all changes in the nature and condition of the site from tha
t existing at the
time of Tender. The cost of visiting the site shall be at the bidder’s expense.
The contractor shall be deemed to have inspected and examined the site to know t
he nature of
soil & sub-soil water table. The contractor shall provide everything for success
ful completion of
the work like labour, material, equipment and other accessories required, as per
drawings,
specifications and as directed by Engineer-in-Charge.
In case any clarification or information is needed for site of work, the intendi
ng tenderer may
contact office of the Executive Engineer.
17. Rates
The “Description of the Item” given in BOQs are mostly based on DSR-2007/ Schedule o
f
Rates circulated by Trenchless Society of India. However, some additional items
are also
given. In respect of Items & rates of BOQs, which are as per DSR-2007/ Schedule
of Rates
circulated by Trenchless Society of India, if there is any discrepancy between t
he tender
BOQs and those given in the DSR-2007/ Schedule of Rates circulated by Trenchless
Society
of India, then the description of item and its corresponding rate given in the D
SR-2007/
Schedule of Rates circulated by Trenchless Society of India shall prevail.
9
Extra items of work shall not vitiate the contract. The Tenderer shall be bound
to execute
extra items of work as directed by the Engineer-in-charge. The rates for extra i
tems will be as
per rates decided under Contract Conditions.
17.1 The contractor should quote the rates considering the complete benefit of E
xcise
duty exemption on the machinery/equipment/ apparatus/instruments and pipes
etc, to Delhi Jal Board obtained under Notification No. 47/2002 or any other suc
h
Notification of Central Excise Department. The quoted rate would deemed to
excluded the effect of the same.
17.2 Service tax shall not be added in the quoted rates. Service tax shall be re
imbursed
to the contractor as per actual, if applicable. If any penalty imposed by the
service tax department on the intending bidder for the delayed submission of
service tax then penalty amount shall not be considered by the department in
any case.
17.3 OPENING AND EVALUATION OF TENDER:
The Tender received will be opened as per the specified programme in the office
as
mentioned in the Tender notice in the presence of intending bidder or their auth
orized
representatives who choose to remain present on the opening day at the scheduled
time.
Following procedure will be adopted for opening of the tender:
EMD and its contents will be verified and scrutinized. The Technical Bid of the
bidders whose
EMD submitted was found in order will be opened.
I. The Delhi Jal Board, if needed, will obtain clarifications by requesting such
 information from
any or all the Bidders in writing as may be necessary. The Bidder will not be pe
rmitted to
change the substance of his tender after it has been opened. Non-compliance with
this
provision within prescribed time could be a cause for disqualification.
II. In comparing the tenders, the Delhi Jal Board will consider such factors as
compliance with
the Tender Specification, past experience, after sales service facilities and th
e Bidder’s
capacity to perform shall form the basis for evaluating the prices. In addition,
specific aspects,
if any, mentioned elsewhere in Tender Specifications will also be considered.
III. The Delhi Jal Board reserves the right to reject any or all the Tenders wit
hout assigning any
reason.
IV. Price bid will be opened only if the contents of Technical Bid are found to
be as per the
requirements and in order. The rates quoted by the bidder shall be read out and
no further
changes will be considered.
17.5 TAXES AND DUTIES:
All taxes and duties including Value Added Tax (VAT) and Labour Cess as applicab
le on
finished goods/contracts shall be included by the Bidder as called for in the “Pri
ce Schedule”.
Regarding Delhi Value Added Tax on works contract Act 2004 (Section 36-A) read w
ith Rule
59 of DVAT Rules 2005, the following actions will be taken.
The contractor shall get himself registered under Delhi Value Added Tax 2005.
a) TDS, surcharge on TDS, Education Cess & SHEC Cess etc, as applicable will be
deducted on payment and TDS certificate will be issued in form DVAT-43 within 28
days
from the end of month in which tax has been deducted.
b) TDS deducted by DJB will be deposited in appropriate Govt. Treasury or author
ized
Public sector/ Private sector bank on Challan/Form DVAT 20 before the expiry of
28 days
following the month in which such deductions were made.
10
All taxes and duties payable by the manufactures on raw materials and other inpu
ts for the
production of finished equipment shall be included in the quoted price. For this
purpose
finished equipment shall mean equipment as listed in “Price Schedule”.
The Contractor shall pay income tax on all payments made to him under the contra
ct as per
provisions of Income Tax Act. The Contractor shall also pay Sales Tax on Works C
ontract on
all the payments made to him under this contract, as per provisions of Delhi Sal
es Tax Act
and Works Contract Act 1999. The Delhi Jal Board shall deduct tax at source (TDS
) both for
Income Tax and DVAT on Works Contract.
17.6 Part B: Price Bid
The bidders are required to fill all the columns of the priced bid as uploaded.
Financial bids of
only those bidders would be opened whose bid is substantially responsive to the
NIT/Addendum/pre-bid replies issued by department. All taxes (excluding Service
tax), duties,
Labour cess, DVAT, License fee, Octroi, Road permit, FCRI Testing Charges, Trans
it
Insurance, Transportation and other levies applicable as on date of submission o
f bids on
work contracts, shall be deemed to be included by the bidder in his offer. Servi
ce Tax shall be
reimbursed to the contractor as per actual against documentary evidence. ‘C’ form wi
ll not
be issued for inter-state purchases.
Delhi Jal Board will not be liable to pay any taxes/duties, which the Bidder has
not considered
in his tender by oversight or whatsoever reasons, though the same is applicable
on the date
of tender. Further, the Delhi Jal Board will not be liable to pay the difference
in taxes/duties if
the percentage of taxes/duties applicable on the date of tender or the amount is
calculated by
Bidder erroneously.
. 18. 1 Documents
Bidders shall carefully examine the Tender Specification and fully inform
themselves as to all the conditions and matters, which may in any way
effect the work or the cost thereof. Should a Bidder find discrepancies in
or omissions from the Tender Specification or should he be in doubt as to
their meaning, he should at once address a query to the DJB with a copy
to the concerned SE three days before scheduled date of pre-bid meeting.
Any resulting interpretation or modifications of the Tender Specification
shall be issued as an Addendum.
18.2. Validity of tendered rates
The quoted rates shall hold good for period mentioned in NIT from the date of re
ceipt
of tenders. In exceptional circumstances, prior to the expiry of the original ti
me limit the
DJB may request the bidder to extend the period of validity for a specified addi
tional period.
However the bidder agreeing to the request will not be permitted to modify the r
ates/price of
his/their bid and the extension of validity of rates shall be on the same terms
and conditions
as contained in the tender documents.
18.3 REJECTION OF TENDERS:
The Tenders are liable to be rejected if the Bidder
• Does not submit EMD.
• Tries to contact the Board on any matter relating to its bid, to influence decis
ion on bid
evaluation, bid comparison or Contract award.
• Stipulates any condition in the Tender;
• Does not submit the supporting documents for eligibility.
• Does not submit the information as called for in Annexure (I-III)
• Furnishes false information or suppression of facts.
• Quote any price tag in technical bid.
11
While evaluating the Technical bids, if no reply is received in respect of any b
idder regarding
verification of documents submitted by the bidder e.g. work experience certifica
tes,
credentials of the firm, financial capabilities, bank guarantee etc. from the co
ncerned issuing
agencies, till the opening of price/ financial bid, the same will not be opened
and considered
for the award of work.
The DJB is not bound to accept the lowest or any other tender, and reserves the
right to reject
any or all the tenders without assigning any reason.
19. COST OF TENDERING:
The DJB will not be responsible for any expenses incurred by the Bidder in tende
ring,
preparation of tender, in providing clarification, attending meetings conference
s etc.
1. Division of work
The Engineer-in-Charge reserves the right to divide or reduce the work and the
tenderer will be bound to execute the portion of work, allotted to him. The cont
ractor
shall carry out the work in part, at the site as made available and no claim on
this
account shall be entertained. The time period for completion will also be amende
d on
prorata basis keeping in view the nature of work allotted, if the scope of work
is
reduced or divided.
21. TIME OF COMPLETION:
The entire work in the scope of the Contractor is required to be completed withi
n period
mentioned in NIT. The work shall generally proceed in accordance with the agreed
bar chart/
CPM/work programme.
Time is the essence of contract. DJB reserves the right to cancel the work order
in case of
failure of bidder to meet the time and quality specifications and may transfer t
he order to any
other qualified bidder or retender the balance part of scope of contract.
22. CONTRACT AGREEMENT:
The successful bidder shall submit the documents for execution of Contract Agree
ment within
15 days from the Notification of Award of work. Entire bid document, the support
ing technical
& financial bid, addendum and clarifications issued shall form part of the Contr
act Agreement.
The authorized representative will present himself in the office of Delhi Jal Bo
ard with seals
etc. for signing of documents. After signing the contract agreement firm shall b
e required to
make four hard bound copies of the same at its own cost, out of which one shall
be issued to
the firm.
23. Eligibility Criteria The tenderer should fulfill the eligibility criteria as
detailed in the
ADDITIONAL INFORMATION OF NIT and include in their Technical proposal all the
relevant documents required in support of their eligibility in applying for this
tender.
EXECUTIVE ENGINEER (North)-I
12
Annexure-I
UNDERTAKINGs
Format for the undertaking to be submitted by bidder Regarding non black listing
and
debarring from tendering by any of its clients:-
“IT IS HEREBY CERTIFED THAT I/WE HAVE NOT BEEN
DEBARRED/BLACKLISTED FOR PARTICIPATING IN
TENDERING PROCESS BY ANY OF THE DEPARTMENT AS
ON………………….”
SIGNATURE
13
Annexure-II
Undertaking
Format for the undertaking to be submitted by bidder Regarding acquainted with t
he
tender document/ condition and entering into contract agreement
“The offer is strictly as per tender documents, addendums and
clarifications given by DJB till date & there is no deviation”.
SIGNATURE
14
Annexure-III
Format for the undertaking to be submitted by bidder regarding employment of
their close/ near relatives in DJB
“IT IS HEREBY CERTIFED THAT FOLLOWING CLOSE/
NEAR RELATIVES IN DJB…………………………….”