amritsar smart city limitedcompactors of 7 cum capacity each under smart city mission” the bidding...

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Fabrication of Refuse Compactors 1 AMRITSAR SMART CITY LIMITED NATIONAL COMPETITIVE BID (NCB) BID REFERENCE NO:02/ASCL/2020-21 BIDDING DOCUMENT FOR FABRICATION OF EIGHT REFUSE COMPACTORS OF 7 CUM CAPACITY EACH UNDER SMART CITY MISSIONJuly 2020 CHIEF EXECUTIVE OFFICER Amritsar Smart City Ltd. SCO - 21, 2 nd Floor District Shopping Complex Ranjeet Avenue, B- Block Amritsar- 143001 Phone: +91 1835015048 Email: [email protected]

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Page 1: AMRITSAR SMART CITY LIMITEDCompactors of 7 CUM Capacity each under Smart City Mission” The Bidding Document is available on . A non-refundable fee of Rs. 10,000/- + processing charges

Fabrication of Refuse Compactors

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AMRITSAR SMART CITY LIMITED

NATIONAL COMPETITIVE BID (NCB) BID REFERENCE NO:02/ASCL/2020-21

BIDDING DOCUMENT FOR

“FABRICATION OF EIGHT REFUSE COMPACTORS OF 7 CUM

CAPACITY EACH UNDER SMART CITY MISSION”

July 2020

CHIEF EXECUTIVE OFFICER Amritsar Smart City Ltd.

SCO - 21, 2nd Floor District Shopping Complex Ranjeet Avenue, B- Block

Amritsar- 143001 Phone: +91 1835015048

Email: [email protected]

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CONTENTS

CONTENTS .................................................................................................................................................................. 2

SECTION I – INVITATION FOR BID (IFB) ................................................................................................... 4

SECTION II – INSTRUCTIONS TO BIDDERS (ITB) .............................................................................. 8

SECTION III – ELIGIBILITY CRITERIA .......................................................................................................18

SECTION IV – BIDDING FORMS ....................................................................................................................20

Form Tech 1: BID SUBMISSION FORM .....................................................................................................21

Form Tech 2: BIDDER’S INFORMATION ...................................................................................................22

Form Tech 3: DECLARATION FOR BLACKLISTING AND AUTHORIZATION ......................23

Form Tech 4: DECLARATION FOR ACCEPTING TERMS AND CONDITIONS OF

BIDDING DOCUMENT .........................................................................................................................................24

Form Tech 5: EXPERIENCE OF CARRYING SIMILAR WORK .....................................................25

Form Tech 6: DECLARATION OF ANNUAL TURNOVER ................................................................26

Form Tech 7: UNDERTAKING for compliance with technical specification..............................27

FORM TECH 8-POWER OF ATTORNEY FOR AUTHORIZED REPRESENTATIVE .........28

Form Tech 9: MANUFACTURERS’ AUTHORIZATION FORM .......................................................29

SECTION V – SCHEDULE OF REQUIREMENTS ................................................................................30

SECTION VI – PRICE SCHEDULE ...............................................................................................................33

SECTION VII – GENERAL CONDITIONS OF CONTRACT (GCC) ..............................................34

SECTION VIII – CONTRACT FORMS .........................................................................................................42

TEMPLATE of LETTER OF AWARD.............................................................................................................43

TEMPLATE OF CONTRACT AGREEMENT .............................................................................................44

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY ..................................................46

ANNEXURE I - JOINT INSPECTION CERTIFICATE ...........................................................................47

ANNEXURE II- CONSIGNEE RECEIPT CERTIFICATE ....................................................................48

CHECK LIST ..............................................................................................................................................................49

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BACKGROUND

Eligible Bidders are invited to submit online Bids for “Fabrication of eight refuse

Compactors of 7 CUM Capacity each under Smart City Mission”

The Bidding Document is available on https://eproc.punjab.gov.in. A non-refundable fee

of Rs. 10,000/- + processing charges shall be paid online while submitting the bid on the

online portal in favor of the "Chief Executive Officer, Amritsar Smart City Ltd” payable at

Amritsar.

The last date for availability of Bidding Document is 07.07.2020 till 03:00 PM. The Bid will be

opened online on 28.07.2020 at 03:30 PM on https://eproc.punjab.gov.in. Amritsar Smart

City Limited (ASCL) has the right to accept or reject any Bid without assigning any reasons

whatsoever.

Chief Executive Officer

Amritsar Smart City Ltd

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SECTION I – INVITATION FOR BID (IFB)

Notice inviting online Bids for: “Fabrication of eight refuse Compactors of 7 CUM Capacity each under Smart City Mission"

Place of availability of Bidding

Document Website: https://eproc.punjab.gov.in

Date and time for Pre-bid Meeting 14.07.2020 at 11:00 AM

Place for Pre-Bid meeting

Office of Chief Executive Officer, Amritsar Smart City Limited, SCO 21, 2nd Floor, Distt. Shopping Complex, D-Block, Ranjit Avenue, Amritsar

Manner, Start Date for

submission of Bids

Manner: Online submission on e-Procurement website http://eproc.punjab.gov.in

Start Date: 07.07.2020 03:00 PM

End Date of Submission 28.07.2020 03:00 PM

Last date for seeking clarification 13.07.2020 at 05:00 PM

Date and Time of opening of

Technical Bid: 28.07.2020 03:30 PM

Amount of Earnest Money

Deposit/ Bid Security in INR

Rs.2,40,000/- (Rupees Two Lakh Forty Thousand Only)

Bidding Document Cost in INR

(non-refundable) Rs.10,000/- + processing fee of eprocurement portal

Language

• This Bidding Document has been issued in English language

• Proposals shall be submitted in English • All correspondence exchange shall be in English

language

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Preparation of Bids

The Bids shall comprise of the following: Technical Bid 1. Bid document Fee 2. Bid Security/EMD 3. Form Tech 1 – Bid Submission Form 4. Form Tech 2 - Bidder’s Information 5. Form Tech 3 – Declaration for blacklisting and

authorization 6. Form Tech 4 – Declaration for accepting terms

and conditions of bidding document 7. Form Tech 5– Experience of carrying similar

work 8. Form Tech 6– Declaration of Annual turnover 9. Form Tech 7 – Undertaking for Compliance

with Technical Specification 10. Form Tech 8 - Power of Authority for

Authorized Representative 11. Form Tech 9 - Manufacturers’ Authorization

Form 12. Copies of GST and PAN

Commercial Bid 1. Price Schedule

Each page of the Bid submitted by the Bidder shall be duly signed by its authorised representative.

Chief Executive Officer

Amritsar Smart City Ltd.

Amritsar

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Note:

1) The Purchaser, under this Tender for Fabrication of Refuse Compactor, is Amritsar Smart City Limited (ASCL) on behalf of Municipal Corporation Amritsar.

2) The Bidding Documents can be downloaded from website: https://eproc.punjab.gov.in. The document downloaded from the aforesaid website should not be tempered, and if any such tempering is detected before or after the opening of Bids, the Bidder shall be debarred for a period of 6 (six) months.

3) Bidder (through its Authorized Representative) shall submit their offer (the “Bid” or “Proposal”) online in Electronic formats comprising of both Technical Bid and Financial Bid. Bid Document Fees, Tender Processing Fees and Bid Security should be deposited through Amritsar Smart City Limited, "Payment Gateway Service on E-Procurement platform".

4) Bidder for additional details such as estimated cost, important date, detailed information, qualification and eligibility criteria, should visit the website: https://eproc.punjab.gov.in for downloading the tender document.

5) Any subsequent addendum/ corrigendum shall be published/ uploaded only on the website https://eproc.punjab.gov.in and will not be published in the newspapers. In case there is a holiday on the day of opening of Bids, activities assigned on that date shall be carried out on the next working day.

6) While electronically submitting the Bids, it should be ensured that all the bid documents are digitally signed by the Bidder.

7) For participating in the above e-tender, the Bidders shall have to get themselves registered with https://eproc.punjab.gov.in and get issued a User ID, password, Class 3 Digital Signatures Certificate (DSC) all of which is mandatory to participate in the e-tendering process. For any clarification/ difficulty/ regarding e-tendering process Bidders can contact helpdesk on the phone numbers mentioned on the website.

8) Amritsar Smart City Limited will not be responsible for delay in online submission due to any reason. For this, Bidders are advised to upload their complete Bid well advance in time so as to avoid 11th hour issues like slow speed, choking of web site due to heavy load, errors in submission of bid security online or any other unforeseen problems.

9) Bid documents consisting of qualification information and eligibility criterion of Bidders, plans, specifications, drawings and the set of terms & conditions of the Contract to be complied by the Selected Agency can be seen on website https://eproc.punjab.gov.in and scanned copies of the required documents and information as per this Tender Document should be attached in the Technical Bid as prescribed in this RFP.

10) Uploaded documents of valid successful Bidders will be verified with the original before signing the agreement, to be submitted prior to the date and time for Bid submission is specified herein.

11) The Tender Documents is not to be uploaded by the Bidder. The Bidder has to only agree/disagree with the conditions in the Tender Document. The Bidder who disagrees on the conditions of the Tender Document, cannot participate in the Tender.

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12) Bid(s) once submitted online cannot be resubmitted or withdrawn.

13) Conditional Bids, Bids without payment of Bid Security and Bids not meeting the qualifying criteria on the date of receipt of Bids shall be summarily rejected.

14) All the prospective Bidders are encouraged to participate in the pre-bid meeting and Bid Documents are studied thoroughly.

15) ASCL reserves the sole right to cancel the Bid process and reject any or all of the Bids without assigning any reason.

16) Procuring entity disclaims any factual/ or other errors in the Bid Document (the onus is solely on the individual Bidders to verify such information) and the information provided therein are intended only to help the Bidders to prepare a logical Bid.

*For detailed terms and conditions refer to web site https://eproc.punjab.gov.in

Chief Executive Officer

Amritsar Smart City Limited

Amritsar, Punjab

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SECTION II – INSTRUCTIONS TO BIDDERS (ITB)

A. PREAMBLE

1. Introduction & Brief Description of Bidding Process

1.1. Introduction

1.1.1. Amritsar Smart City Limited (“ASCL or the “Purchaser”) on behalf of Municipal Corporation, Amritsar (“MCA” or “Municipal Corporation, Amritsar”) invites online Bids for “Fabrication of eight refuse Compactors of 7 CUM Capacity each under Smart City Mission” on item rate basis.

1.1.2. The Selected Bidder (the “Selected Agency”) shall be responsible for the following works:

a) Fabrication of eight refuse Compactors of 7 CUM capacity each.

For detailed scope of work of the Selected Agency and specifications for fabrication, please refer the Schedule of Requirements (Section V) of this RFP. The agency shall have to comply with the terms, conditions and specification laid down in this RFP during the tenure of the assignment.

1.1.3. The Agency/ Bidder shall quote their Proposal for the following items:

Item Name Number of Units

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1.2. Brief Description of Bidding Process

1.2.1. This Section i.e. Section II - “Instructions to Bidders” provides the relevant information as well as instructions to assist the prospective Bidders in preparation and submission of Bids. It also includes the mode and procedure to be adopted by the Purchaser for receipt and opening as well as scrutiny and evaluation of Bids, declaration of the successful Bidder, issuance of Letter of Award and subsequent execution of Contract.

1.2.2. The Purchaser has adopted online single stage two-part process involving Technical Bid and Price Bid for selection of the successful Bidder for award of the Project (collectively referred to as the “Bidding Process”). The first step involves technical qualification and short listing of the qualified Bidders who become eligible for opening of their Financial Bids /Price Bids. The Bids shall be valid for a period of not less than 120 days from the date specified in Clause 1.3 for submission of Bids.

1.2.3. A Bidder is required to deposit payment of Bid Document Fee, Tender Processing Fee and Bid Security online through Amritsar Smart City Limited, "Payment Gateway Service on E-Procurement platform". The Bids not accompanied by any of the aforesaid payments and Bid Security shall be summarily rejected.

1.2.4. Within 21 (twenty-one) days from date of the issue of Notification of Award by the Purchaser and prior to signing of the Contract, the Selected Agency, shall furnish Performance Security to the Purchaser for an amount equal to 5% (five percent) of the total value of the Contract, valid up to 60 (sixty) days after the expiry of the Warranty

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Period under the Contract. The Performance Security can be in any one of the forms namely Fixed Deposit Receipt drawn from any Scheduled Commercial Bank in India or Bank Guarantee issued by a Scheduled Commercial Bank in India, in the form prescribed in the RFP.

1.2.5. The Bidder should carefully read and examine all the terms, conditions and instructions etc. contained in the Bid Documents. Failure to provide and/ or comply with the required information, instruction etc. incorporated in these Bid Documents may result in rejection of the Bid.

1.3. Schedule of Bidding Process

The Purchaser shall endeavour to adhere to the following schedule:

EVENT DESCRIPTION DATE

Period of online availability of Bid Documents (Start Date/ End Date)

Start Date From: 07.07.2020 03:00 PM onwards

End Date: 28.07.2020 till 03:00 PM

Last date for receiving Pre-Bid/RFP queries 13.07.2020 till 05:00 PM

Date and time for Pre-bid Meeting Date/ Time: 14.07.2020 11:00 AM

Place: Amritsar Smart City Limited, SCO 21, 2nd Floor, Distt. Shopping Complex, Ranjit Avenue, B-Block, Amritsar

Manner, Start Date for submission of Bids Manner: Online on e-Procurement website http://eproc.punjab.gov.in

Start Date: 07.07.2020 03:00 PM onwards

End Date for submission of Bids (Bid Submission Date)

End Date: 28.07.2020 till 03:00 PM

Date and Time of opening of Technical Bids: 28.07.2020 03:30 PM

Date and Time of opening of Price Bid: To be intimated later

Letter of Award (LOA) To be intimated later

Validity of Bids 120 (one hundred and twenty) days from the end date of submission of Bids

Date of signing of Contract Within 30 (thirty) days of LoA

2. Language of Bid

2.1 The Bid submitted by the Bidder and all subsequent correspondence and documents relating to the Bid exchanged between the Bidder and the Purchaser, shall be written in the English language. However, the language of any printed literature furnished by the Bidder in connection with its Bid may be written in any other language provided the same shall be accompanied by an English translation and, for purposes of interpretation of the Bid, the English translation shall prevail.

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B. BIDDING DOCUMENTS

3. Content of Bidding Documents

3.1 In addition to Section I – “Invitation for Bid” (IFB), the Bidding Documents includes: 1. Section II – Instructions to Bidders (ITB)

2. Section III – Eligibility Criteria

3. Section IV – Bidding Forms

4. Section V – Schedule of Requirements (SOR)

5. Section VI – Price Schedule

6. Section VII – General Conditions of Contract (GCC)

7. Section VIII – Contract Forms

4. Amendments to the Bidding Documents

4.1 At any time prior to the deadline for submission of Bids, the Purchaser may, for any reason deemed fit, modify the Bidding Documents by issuing suitable amendment(s) to it.

4.2 Such an amendment will be uploaded on website: https://eproc.punjab.gov.in. only.

4.3 The Bidders are advised to visit the e-tendering portal on regular basis to check for necessary updates.

5. Pre-Bid Meeting

5.1 The Purchaser will host a Pre-Bid meeting as per the date mentioned in the Schedule of the Bidding Process Clause 1.3 above. The representatives (limited to 2), of the interested Bidders may attend the pre-bid conference at their own cost. The purpose of the conference is to provide Bidders with information regarding the RFP and the proposed solution requirements in reference to the RFP. Pre-Bid meeting will also provide each Bidder with an opportunity to seek clarifications regarding any aspect of the RFP and the goods proposed to be procured by the Purchaser.

5.2 All Bidders shall e-mail their queries to [email protected].

5.3 The response to the queries will be uploaded only on the website

http://eproc.punjab.gov.in and will not be published in the newspapers. No queries will be entertained thereafter.

5.4 The Purchaser shall endeavor to respond to the queries within the period specified

therein, but no later than 10 (ten) days prior to the date of submission of Bid. The responses will be uploaded on the website http://eproc.punjab.gov.in only.

5.5 The Purchaser shall endeavor to respond to the questions raised or clarifications sought by the Bidders. However, Purchaser reserves the right not to respond to any question or provide any clarification, in its sole discretion, and nothing in this clause shall be taken or read as compelling or requiring the Purchaser to respond to any question or to provide any clarification.

5.6 The Bidders are advised to be specific and post clause wise queries in an unambiguous manner. The Purchaser reserves the right not to respond to vague and

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frivolous queries. Queries shall be neatly typed and emailed as per the following format:

S. No. Particulars Details

1. Organization

2. Document Name

3. Page Number

4. Clause Number

5. Query

6. Suggestion, if any

7. Name &Designation of point of contact

8. Contact No. & Email ID

C. PREPARATION OF BIDS

6. Documents Comprising the Bid

6.1 The single stage two-part system, i.e. “Technical” and “Price Bid” t o b e prepared by the Bidder shall comprise the following: (b) Technical Bid:

The Technical Bid shall contain the following documents, the scanned copies whereof shall be uploaded on the portal:

i. Proof of Bid Document Fee paid online

ii. Proof of Bid Security paid online

iii. Form Tech 1 – Bid Submission Form

iv. Form Tech 2 – Bidder’s Information

v. Form Tech 3 – Declaration for blacklisting and authorization

vi. Form Tech 4 – Declaration for accepting terms and conditions of Bidding Document

vii. Form Tech 5 – Experience of carrying similar work

viii. Form Tech 6 – Declaration of Annual turnover

ix. Form Tech 7 – Undertaking for Compliance with Technical Specification

x. Form Tech 8 – Power of Attorney for Authorized Representative

xi. Form Tech 9 - Manufacturers’ Authorization Form

xii. Copies of GST registration certificate and Permanent Account Number (PAN)

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given by the Income Tax Department

xiii. Copies of original documents defining the constitution or legal status, place of registration and principal place of business

xiv. Copies of original work orders/ purchase orders along with recommendation letters from clients towards proof of similar work experience.

xv. Certificate(s) from its Statutory Auditor/ Chartered Accountant, as the case may be, specifying Net Worth of the Bidder as on 31.03.2020. The Bidders shall be required to submit Audited Financial Statements/ Balance Sheets for the last 3 (three) financial years preceding Bid Due Date (i.e. FY 2017-18, 2018-19 and 2019-20). For the FY 2019-20, provisional financial statements are also acceptable.

All the documents/ information enclosed with the Technical Bid should be self-attested and certified by the Bidder. The Bidder shall be liable for forfeiture of his Bid Security, if any document/ information is found false/ fake/ untrue before acceptance of Bid. If it is found after acceptance of the Bid, the bid sanctioning authority/ Purchaser/ MCA may at his discretion forfeit his performance security/ guarantee, security deposit, etc. and take any other suitable action.

(c) Price Bid/ Price Schedule:

i. The Price Bid/ Price Schedule shall be filled online only on http://eproc.punjab.gov.in as per the format uploaded therein and quote prices item wise which shall be inclusive of GST, Taxes, transportation, costs, insurance, etc.

ii. If any difference in figures and words is found, lower of the 2 (two) shall be taken as valid and correct.

iii. If the Bidder includes the Price Bid in its Technical Bid or any reference to the Price quoted by it in its Technical Bid, the Bid of such Bidder shall be rejected without any further evaluation.

7. Bid Currencies

7.1 All the prices should be quoted only in Indian National Rupees. 8. Bid Prices

8.1 It is mandatory to quote for all the items inclusive of all taxes, GST, duties, etc. and nothing extra will be payable on this account. The Selected Bidder shall provide Warranty of one year free of cost post successful Fabrication of the fabricated material.

9. Firm Price

9.1 The prices quoted by the Bidder shall remain firm and fixed during the contract and not subject to variation on any account.

10. Alternative Bids

10.1 Alternative Bids which are not meeting the Bid specifications, are not permitted and will be rejected.

11. Documents Establishing Bidder’s Eligibility and Qualifications

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11.1 Pursuant to ITB Clause 6, the Bidder shall furnish, as part of its Bid, relevant details and documents establishing its qualifications to perform the contract if its Bid is accepted.

12. Bid Security

12.1 The Bidder shall furnish along with its Bid, Bid Security for amount as shown in the IFB in Section I. The Bid Security is required to protect the Purchaser against the risk of the Bidder’s unwarranted conduct as specified under sub-clause 12.4 below.

12.2 The Bid Security shall be deposited online through the ASCL’s e-procurement payment portal.

12.3 In case of the unsuccessful Bidders, the Bid Security will be returned to them without any interest as per the terms and conditions of the eprocurement portal. The Successful Bidder’s Bid Security/ EMD will be returned without any interest, after receipt of performance security from that Bidder.

12.4 Bid Security of a Bidder will be forfeited, if the Bidder withdraws or amends its Bid or impairs or derogates from the Bid in any respect within the period of validity of its Bid without prejudice to other rights of the Purchaser. The Successful Bidder’s Bid Security will be forfeited without prejudice to other rights of Purchaser if it fails to furnish the required performance security within the specified period.

12.5 Bids not accompanied with Bid Security shall not be taken up for evaluation. 13. Bid Validity

13.1 The Bid shall remain valid for acceptance for a period of 120 (one hundred and twenty days after the date of Bid submission prescribed in the Bidding Document. Any Bid valid for a shorter period shall be treated as unresponsive and rejected.

13.2 In exceptional cases, the Bidders may be requested by the Purchaser to extend the validity of their Bids up to a specified period. The Bidders, who agree to extend the Bid validity, are to extend the same without any change or modification of their original Bid and they are also to extend the validity period of the Bid Security accordingly. A Bidder, however, may not agree to extend its Bid validity without forfeiting its Bid Security.

13.3 In case the day up to which the Bids are to remain valid falls on or subsequently declared a holiday or closed day for the purchaser, the Bid validity shall automatically be extended up to the next working day.

13.4 The Purchaser may extend the deadline for submission of Bids by issuing an amendment, in which case all rights and obligations of the Purchaser and the Bidders previously subject to the original deadline will then be subject to the new deadline.

14. Signing and Sealing of Bid

14.1 The Bidders shall submit their Bids as per the instructions contained in ITB Clause 6.

14.2 The Bid shall either be typed or written in indelible blue ink and the authorized representative of the Bidder, who has been authorized through a valid Power of Attorney as per the format prescribed herein, must sign the Bid duly stamped at appropriate places and initial all the remaining pages of the Bid. In case of Company, a

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corresponding Board Resolution shall also be enclosed.

14.3 All pages of the Bid should be page numbered, bear the signature of the Authorized Representative with stamp of the Bidder and indexed. The Bid shall not contain any erasure or overwriting, except as necessary to correct any error made by the Bidder and, if there is any such correction; the person signing the Bid shall initial the same.

14.4 The Bidder shall prepare one original set of Technical Bid, scan the same and upload on the portal. Pursuant to ITB Clause 6, the Bidder shall furnish, as part of its Bid, relevant information, details and documents establishing its qualifications to perform the contract if its Bid is accepted.

D. SUBMISSION OF BIDS

15. Submission of Bids

15.1 Unless otherwise specified, the Bidders have to submit the Bid as indicated in the IFB in Section- I.

15.2 The Bidder shall place two separate digitally signed files marked “Technical Bid (Part-I)” and “Price Bid (Part-II)” to be uploaded online only. The contents of Technical and Price Bids shall be as per specifications and all the documents are to be signed digitally by the Bidders.

15.3 The Bidders must ensure that they upload their Bids on the portal not later than the closing time and date specified for submission of Bids. Bid sent by e-mail/ fax/ hard copy submission shall be ignored. It is the responsibility of the Bidder to ensure that their Bids are submitted on the Online Portal by the specified date and time.

16. Late Bid

16.1 The electronic bidding system would not allow any late submission of Bids after due date and time as per server time. The Bidders are advised to upload their respective Bids well in advance so as to avoid last minute rush and jam.

E. BID OPENING

17. Opening of Bids

17.1 The Purchaser will open the Bids online at the specified date and time as indicated in the IFB in Section-I.

17.2 In case the specified date of Bid opening falls on or is subsequently declared a holiday or closed day for the purchaser, the Bids will be opened at the appointed time and place on the next working day.

17.3 The Purchaser shall open the Bids online and the same shall be evaluated by Tender Processing Committee (TPC) as nominated by the Purchaser for the said purpose. In the event of the specified date of Bid opening being declared a holiday for the Purchaser, the Bids will be opened at the appointed time on the next working day. The Purchaser reserves the rights at all times to postpone or cancel a scheduled Bid opening.

17.4 Bid opening shall be conducted in 2 (two) stages i.e. stage 1- Technical Bid; and Stage 2- Price Bid.

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17.5 During Bid opening, prior to the detailed evaluation of Bids, the Purchaser will determine the substantial responsiveness of each Bid to the Bidding Document. For purposes of these clauses, a substantially responsive Bid is one, which conforms to all the terms and conditions of the Bidding Documents including Technical Specifications without material deviations. However minor deviation and/or minor irregularity and/or minor non-conformity in the Bid, Purchaser may waive the same. If a Bid is not substantially responsive, it will be rejected by the Purchaser.

17.6 The Financial Proposals of only those Bidders will be opened who are qualified in Technical Evaluation.

F. SCRUTINY AND EVALUATION OF BIDS

18. Preliminary Scrutiny of Bids

18.1 The Part-I containing Technical Bid shall be opened first. (i) The Purchaser will examine the Bids to determine whether they are complete,

whether or not the documents have been properly signed, stamped and whether the Bids are generally in order.

(ii) Prior to the detailed evaluation of Price Bids, the Purchaser will determine the substantial responsiveness of each Bid to the Bidding Document. For purposes of these clauses, a substantially responsive Bid is one, which conforms to all the terms and conditions of the Bidding Documents including Technical Specifications without material deviations. However, in case of minor deviation and/or minor irregularity and/or minor non-conformity in the Bid, the Purchaser may waive the same.

(iii) If a Bid is not substantially responsive, it will be rejected by the Purchaser.

(iv) Thereafter, the responsive Bids will be taken up for evaluation with respect to

the Qualification Information and other information furnished in Part-I of the Bid.

(v) The Bidder may be asked in writing (usually within 10 (ten) days of opening of the Technical Bid) to clarify his Technical Bid, if necessary.

(vi) The Bidders will respond in not more than 7 (seven) days of issue of the clarification letter. In the event, the Bidder fails to respond back with requisite clarification or information, Purchaser shall proceed to evaluate the Technical Bid based on the documents/ information already submitted.

(vii) On receipt of these clarifications, the Tender Processing Committee (TPC)/ Purchaser will proceed to evaluate the Technical Bids.

(viii) During the detailed evaluation of Technical Bids, the TPC will determine whether each Technical Bid (a) meets the Minimum Eligibility Criteria as prescribed in Section III of this Bid Document; (b) contains all the information and documents as specified in the Bid Document and such documents have been properly signed (including digital signature) and stamped by the Bidder before submission; (c) is accompanied by Power of Attorney as per the format prescribed herein in favor of the Authorized Representative of the Bidder; (d) is accompanied by the required Document Fee and Bid Security in the amount, mode and manner as specified in this Bid Document; and (e) is substantially and unconditionally responsive to all the requirements of the Bid Documents. Bids of the Bidders, who do not meet the aforesaid requirements will be treated as non – eligible and will not be considered

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further.

(ix) Bidders whose Technical Bids are found to meet all the requirements as set forth in (viii) above and elsewhere in the RFP, shall be declared as Technically Qualified and shortlisted for opening of their Price Bid.

18.2 Opening & Evaluation of Price Bids

(i) The Price Bid of all the Technically Qualified Bidders shall be opened online and downloaded. The responsive Bidders’ names, the Bid prices, the total amount of each Bid and such other details as the Purchaser may consider appropriate, will be announced.

(ii) The Bidder whose Price Bid is found responsive and has quoted the least rate, shall be declared as the Successful Bidder.

19. Bidders not meeting the Eligibility Criteria

19.1 Bids of the Bidders, who do not meet the required Eligibility Criteria prescribed in Section III will not be considered further and disqualified.

20. Conversion of Bid currencies to Indian National Rupees

20.1 All Bidders are required to convert the prices of product in Indian National Rupees which are imported from outside India as per the exchange rates of Reserve Bank of India available on its website, as on the day prior to Bid Submission Date.

21. Evaluation for total requirement

21.1 The Bidder shall be required to quote for all items. The final evaluation will be done on the basis of total amount quoted under the Price Schedule.

22. Comparison of Bids and Award Criteria.

22.1 The Contract may be awarded to the lowest responsive Bidder who accepts all other conditions of Bid Document and meets the Eligibility Criteria and the technical requirement.

G. AWARD OF CONTRACT

23. Purchaser’s Right to accept any Bid and to reject any or all Bids

23.1 The Purchaser reserves the right to accept in part or in full any Bid or reject any or more Bid(s) without assigning any reason or to cancel the Biding process and reject all Bids at any time prior to award of contract, without incurring any liability, whatsoever to the affected Bidder or Bidders.

24. Notification of Award

24.1 Before expiry of the Bid validity period, the Purchaser will notify the Successful Bidder(s) in writing, by registered/ speed post or by fax/ email (to be confirmed by registered / speed post) or by uploading the notification on eprocurement portal, that its Bid for goods & services, which have been selected by the Purchaser, has been accepted, also briefly indicating therein the essential details like description, quantity of the goods & services, delivery period, corresponding prices accepted.

24.2 After the notification of award, the Purchaser will issue Letter of Award (LOA) in duplicate as per the format provided in Section VIII (Contract Forms). Thereafter, a contract shall

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be signed between the Successful Bidder, MCA and Purchaser on behalf of the Municipal Corporation Amritsar for fabrication of Refuse Compactors and Warranty for one year (free of cost). As an acceptance of the LoA, the successful Bidder shall sign and return back the duplicate copy of the LoA to the Purchaser within 7 (seven) days of receipt of LoA. In the event, the Successful Bidder fails to give acceptance of the LoA within the aforesaid time period then unless the time period is extended by the Purchaser, the LoA issued shall be cancelled and the Bid Security of the Successful Bidder will stand forfeited.

24.3 The Successful Bidder shall also furnish to the Purchaser, the required Performance

Security within 21 (twenty-one) days from the date of dispatch of the LoA, failing which its Bid Security will be forfeited and the award will be cancelled. Relevant details about the Performance Security have been provided under GCC Clause 3 under Section VII.

24.4 The Notification of Award will constitute the formation of the Contract subject only to

the furnishing of a performance security under GCC Clause 3.

24.5 The Contract as per the format will incorporate all relevant correspondence between the Purchaser, MCA and the Successful Bidder. It will be signed within 30 (thirty) days following the Notification of Award along with the Letter of Award.

24.6 Upon the furnishing by the Successful Bidder of the Performance Security, the Purchaser will promptly notify the other Bidders that their Bids have been unsuccessful.

25. Non-receipt of Performance Security and Contract by the Purchaser

25.1 Failure of the Successful Bidder in providing Performance Security and/ or returning copy of the LOA/ Contracts duly signed in terms of ITB Clauses 24 above shall make

the Bidder liable for forfeiture of its Bid Security and, also, for further actions by the Purchaser against it as per Clause 14 of GCC – Termination of default in Section VII and also other administrative actions as per merits of the case and as available in law.

26. Corrupt or Fraudulent Practices

26.1 It is required by all concerned namely the Consignee/Bidders/Selected Agency etc. to observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Purchaser: (a) will reject a proposal for award if it determines that the Bidder recommended for

award has engaged in corrupt or fraudulent or collusion or coercive practices in competing for the contract in question;

(b) will declare a firm ineligible or blacklist, either indefinitely or for a stated period of time, to be awarded a Contract by the Purchaser if it at any time determines that the firm has engaged in corrupt or fraudulent or collusion or coercive practices in competing for, or in executing the Contract.

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SECTION III – ELIGIBILITY CRITERIA

S.No. Criterion Documentary Evidence Required

1. Bidder should be a sole proprietor/

partnership firm/ Company or Govt./

Semi Govt. Enterprise or Undertaking

registered in India.

Enclose copy of Certificate of

Incorporation/ Registration issued by

relevant authority in India.*

2. The Bidder must be Original Equipment

Manufacturer of Refuse Compactors or

Authorised Dealer in India dealing in

manufacturing/ supply/ fabrication of

Refuse Compactors.

In case of authorized dealer, furnish the

tender specific authorization letter from

their manufacturers, to submit offer

against this tender.

Proof of Registration as Original

Equipment Manufacturer of Refuse

Compactors.

In case of authorized dealer,

undertaking/ authorization as per

Format Tech – 9 by the Manufacturer to

be provided alongwith proof of its

registration.

3. Bidder must have Average Annual turnover during last 3 financial years (i.e. FY 2017-18, 2018-19 & 2019-20) should be at least Rs.4,80,00,000/- (Rupees Four Crore and Eighty Lakhs).

1. Details to be provided as per Form Tech 6 of the Bidding Document;

2. Statutory Auditor’s Certificate on its letterhead that provides the information explicitly as per the criterion; and

3. Statutory auditor’s certificate is mandatory, merely providing balance sheet or financial statement is not sufficient for this requirement.

4. For FY 2019-20, provisional financial statements are also acceptable but a CA certificate shall be submitted regarding the same.

4. Bidder must have in the last five years preceding the last date of submission of Bids successfully supplied/ fabricated at least 15 (Fifteen) Refuse Compactors for any Government Department/ Organization/ Institution/ Agency or PSU

1. Details to be provided as per Form Tech 5

2. The requisite work orders or supply orders received from/ issued by the client shall be furnished with the Bid alongwith (a) copy of their final invoices raised

and payment made; OR (b) Commissioning Report.

3. Atleast two performance certificates issued by the clients for whom the machine supplied or fabricated, clearly stating that the client is satisfied with the Refuse Compactor supplied or fabricated.

4. List of all departments to whom Refuse Compactor have been supplied or fabricated in the last three years prior to date of bid submission.

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5. A Bidder or any director or any partner should not have been debarred/ blacklisted by any State Government/ Central Government/ PSU/ Government Authority in India as on bid submission date.

Enclose blacklisting declaration (Refer Form Tech 3).

6. The Bidder should have a valid GST number & PAN Number

Enclose copy of GST Registration certificate and PAN Number

Note: Where authorized dealers are quoting on behalf of the manufacturers, they shall invariably indicate the manufacturers name in their financial proposal. Furnish the tender specific authorization letter from their manufacturers, to submit offer against this tender as per Form Tech-9.

Eligible Bidder

(i) Each intending Bidder should be a registered sole proprietor/ Company/ Partnership firm or Govt./ Semi Govt. Enterprise or Undertaking having authority to participate in this RFP. No Consortium or Joint Venture (JV) shall be allowed or accepted in this RFP.

(ii) The Bidder must be Original Equipment Manufacturer of Refuse Compactors or an Authorized Dealer in India dealing in manufacturing/ supply/ fabrication of Refuse Compactors. In case of an Authorized Dealer it is mandatory for the Bidder to submit tender specific authorization letter to submit offer against this tender and an undertaking by the manufacturer for supplying/ facbricating the Refuse Compactors in accordance with the technical specifications.

(iii) Participation in multiple bids by manufacturer or dealer or agent directly or indirectly will result in rejection of all bids of such manufacturer or dealer or agent.

(iv) A Bidder shall have the nationality of India. A Bidder shall be deemed to have

nationality of India if the Bidder is a citizen or constituted or registered or incorporated in India, and operates in conformity with the provisions of the Laws of India. This criterion shall also apply to the determination of the nationality of proposed sub-contractors or Selected Agencies for any part of the Contract including related services.

(v) A Bidder should not have a conflict of interest in the procurement in question as stated in this Bidding document.

(vi) In addition to the requirements set forth in points (i) to (v) above, a Bidder in order to be eligible for qualification, is essentially required to meet the Minimum Eligibility Criteria set forth in Section III.

(vii) The Bidder must be registered under the General Sales and Goods Tax (GST). It is also required to provide proof of Permanent Account Number (PAN) given by Income Tax Department.

(viii) A Bidder or any director or any partner should not have been debarred/ blacklisted by any State Government/ Central Government / PSU/ Government Authority in India, as it will lead rejecting of bid summarily.

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SECTION IV – BIDDING FORMS

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Form Tech 1: BID SUBMISSION FORM

To, Date:

Chief Executive Officer

Amritsar Smart City Ltd.,

Amritsar

Ref: Your Bidding Document No.02/ASCL/2020-21 dated 07.07.2020 for “Fabrication of eight refuse Compactors of 7 CUM Capacity each under Smart City Mission”

I, the undersigned have examined the above-mentioned Bidding Document, including amendment/ corrigendum no. _ _ _ _ _ _ _ _ dated _________ ( i f any), the receipt of which is hereby confirmed. I now offer to execute in conformity with your above referred document for the sum as shown in the price schedule(s), attached herewith and made part of this Bid, the following works: “FABRICATION OF EIGHT REFUSE COMPACTORS OF 7 CUM CAPACITY EACH UNDER SMART CITY MISSION” I further confirm that, if my/ our Bid is accepted, I/ we shall provide you with Performance Security/ies of the required amounts in the acceptable form in terms of GCC Clause-3, in Section - VII for due performance of the Contracts to be executed with ASCL and MCA. I agree to keep our Bid valid for acceptance for 120 (one hundred and twenty) days or for subsequently extended period, if any, agreed to by us. I also accordingly confirm to abide by this Bid up to the aforesaid period and this Bid may be accepted any time before the expiry of the aforesaid period. I further confirm that, until the formal Contracts are executed, this Bid read with your written acceptance thereof within the aforesaid period shall constitute a binding contract between us. I agree to all terms and conditions of General Conditions of Contract as per Section VII. I further understand that you are not bound to accept the lowest or any Bid you may receive against your above-referred Bid Reference. I confirm that we do not stand deregistered/ banned/ blacklisted by any Government Authorities. I confirm that we fully agree to the terms and conditions specified in above mentioned Bidding Document, including amendment/ corrigendum, if any.

[Signature with date, name and designation] Duly authorized to sign Bid for and on behalf of [Name & address of the Bidder]

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FORM TECH 2: BIDDER’S INFORMATION

1 Name of the Bidder

2 The Bidder is: a Proprietary firm a firm in Partnership a Limited Company or Corporation ……………

3 Year of registration/ establishment

4 Address of registered office

5 Address of place of business

6 Telephone No./ Fax No.

7 Email Address

8 Contact Person with Designation, Contact number & Email Id.

9 Number of years of proven experience of providing similar services

10 PAN No.

11 GST Registration No.

12 EPF/ ESI Registration details, if applicable

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FORM TECH 3: DECLARATION FOR BLACKLISTING AND AUTHORIZATION

To, Date: Chief Executive Officer Amritsar Smart City Ltd., Amritsar Sir, Subject: Bidding document No.02/ASCL/2020-21 dated 07.07.2020 for “Fabrication

of eight refuse Compactors of 7 CUM Capacity each under Smart City Mission”

I have carefully gone through the Terms & Conditions mentioned in the referred Bidding Document. I hereby declare that my company/ firm/ any director/ any partner is not currently debarred/ blacklisted by any State Government/ Central Government/ PSU or any other Government Institution/ Authority in India. I further certify that I am the authorized representative to sign on behalf of my company/ firm and make this declaration. Or I declare the following

S. No. Blacklisted/ debarred by State Government/ Central

Government / PSU

Reason Date on which blacklisting/ debarment notification was

issued

(NOTE: In case the company/ firm/ any director/ any partner was blacklisted previously, please provide the details regarding the Period for which the company/ firm/ director/ partner was blacklisted and the reason/s for the same)

Yours faithfully

(Signature of the Authorized Representative of the Bidder) Name: Seal:

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Form Tech 4: DECLARATION FOR ACCEPTING TERMS AND CONDITIONS OF

BIDDING DOCUMENT

To, Date:

Chief Executive Officer Amritsar Smart City Ltd., Amritsar Sir, Subject: Bidding document No.02/ASCL/2020-21 dated 07.07.2020 for “Fabrication of

eight refuse Compactors of 7 CUM Capacity each under Smart City Mission”

I have carefully gone through the Terms & Conditions mentioned in the above referred Bidding Document. I declare that all the provisions of this Bidding Document are acceptable to my company/ firm. I further certify that I am an authorized representative of my company/ firm and am therefore, competent to make this declaration. I further undertake on behalf of my company/ firm that we shall abide by the Bid including the Financial Bid submitted by my company/ firm. Yours faithfully, (Signature of the Authorized Representative of the Bidder) Name: Seal:

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FORM TECH 5: EXPERIENCE OF CARRYING SIMILAR WORK

To, Date: Chief Executive Officer Amritsar Smart City Ltd., Amritsar Sir, Subject: Bidding document No.02/ASCL/2020-21 dated 07.07.2020 for “Fabrication of

eight refuse Compactors of 7 CUM Capacity each under Smart City Mission” Brief particulars of the Refuse Compactors supplied/ fabricated for any Government Department/ Organization/ Institution/ Agency or PSUs in last 5 (five) years. The purchase order/ supply order copy of the cited experience is also enclosed with the form.

S.No. Name of Government Department Institution/

Agency/ Organization or

PSUs

Purchase/ Work Order date

(DD/MM/YYYY)

Amount of Purchase/

Work Order

(In INR)

Details of Client Contact person for reference

check

(Name, Address &

Contact No.)

1. Name: Address: Contact No:

2. Name: Address: Contact No:

3. Name: Address: Contact No:

4. Name: Address: Contact No:

5. Name: Address: Contact No:

Yours faithfully, (Signature of the Authorized Representative of the Bidder) Name: Seal:

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Form Tech 6: DECLARATION OF ANNUAL TURNOVER

To, Date: Chief Executive Officer Amritsar Smart City Ltd., Amritsar Sir, Subject: Bidding document No.02/ASCL/2020-21 dated 07.07.2020 for “Fabrication

of eight refuse Compactors of 7 CUM Capacity each under Smart City Mission”

I hereby declare that the bidder’s Annual Turnover is as follows. The Statutory Auditor’s certificate is attached for your reference.

Financial Year Annual Turnover (in INR)

F. Y. 2017-18

F. Y. 2018-19

F. Y. 2019-20

Average

RELEVANT FINANCIAL YEAR

NETWORTH

FY 2019-20

Note: 1. Net Worth should be in positive 2. This format must be certified by CA or a CA may issue a separate certificate with same contents. Any document issued by CA shall bear UDIN number. Yours faithfully,

(Signature of the Authorized Representative of the Bidder) Name: Seal:

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FORM TECH 7: UNDERTAKING FOR COMPLIANCE WITH TECHNICAL

SPECIFICATION

To, Date: Chief Executive Officer Amritsar Smart City Ltd., Amritsar

Sir, Subject: Bidding document No.02/ASCL/2020-21 dated 07.07.2020 for “Fabrication of eight refuse Compactors of 7 CUM Capacity each under Smart City Mission”

I, _____________________authorized representative of M/s. ________________________, having registered office at ____________________ have carefully gone through the provisions of the Section V (Schedule of Requirements) detailing Technical Specifications for the work, and have completely understood the same.

I/We hereby confirm that in case I/ we am declared as the Selected Agency, the Refuse Compactors to be supplied/ fabricated by me/ us shall be in strict conformity to the Requirements as stated in Section V (Schedule of Requirements) and elsewhere in the RFP document. I further certify that I am an authorized representative of bidder and therefore, competent to make this declaration.

Yours faithfully, (Signature of the Authorized Representative of the Bidder) Name: Seal:

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FORM TECH 8-POWER OF ATTORNEY FOR AUTHORIZED REPRESENTATIVE

(On a non-judicial stamp paper of appropriate value and duly notarised) I/ We, M/s………………………………. authorize the following Representative to sign and submit the Bid, negotiate terms and conditions for the contract, to sign the contract, to deal with, to issue and receive correspondence related to all matters of the tender pertaining to “Fabrication of eight refuse Compactors of 7 CUM Capacity each under Smart City Mission”. We/I M/s _____________undertake the responsibility due to any act of the representative appointed hereby.

For Partnership Firm’s

Sl. no.

Name of the All Partner Signature of Partner with Seal

Name and Designation of the person Authorized

Attested Signature of the Authorized Representative

For Company Name and Designation of the person Authorized

Name of the Firm

Address

Telephone No. & Fax No.

Authority By which the Powers is Delegated

Attested Signature of the Authorized Representative

Name and Designation of person attesting the signatures (Proof of the authority of the attesting person to be attached with the PoA)

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Form Tech 9: MANUFACTURERS’ AUTHORIZATION FORM

Dated: To The Chief Executive Officer, Amritsar Smart City Limited, Amritsar Dear Sir, Bid Reference No.02/ASCL/2020-21 07.07.2020 for “Fabrication of eight refuse Compactors of 7 CUM Capacity each under Smart City Mission” We ________________ who are established and reputable manufacturers/ fabricators of _____________ (name and description of goods offered) having factories at __________ (address of factory) do state that:

a) M/s (Name and address of Agent) is hereby authorized to submit a tender, and sign the contract with you for the goods manufactured by us against the above Bid Document; OR

b) M/s accredited/authorized (Name and address of the Authorized Dealer) is our Dealer.

We hereby extend our full guarantee and warranty as per Clause 8 of the General Conditions of Contract for the goods and services offered for supply by the above firm against this RFP. Further, we have not authorised any other agent/ dealer to participate in the tender process. Yours faithfully, (Signature of Authorized Signatory) (Name of manufacturer) Note: This letter of authority should be on the letterhead of the manufacturer and should be signed by a person competent and having authority (PoA or Board resolution as applicable) to legally bind the manufacturer. It should be included by the Bidder in its bid. Proof that manufacturer manufactures the goods must also be enclosed e.g. brochures, certifications, test reports, etc.

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SECTION V – SCHEDULE OF REQUIREMENTS

Technical Specifications

Refuse Compactor Vehicle has a container Capacity of 7 Cu.M. and shall be mounted on 11~12T GVW truck chassis. The equipment is fitted with Hydraulic arrangement with detachable Bin Cart and is capable of unloading garbage from bin cart and unload into the Tailgate hopper of Refuse Compactor with minimum physical effort and maximum safety. The Bin Cart is designed to receive the garbage from Hand Cart (wheelbarrow), Cycle Rickshaw, etc. The bin cart is attached to the hydraulic bin handling system of Truck mounted Refuse Compactor to unload the garbage into the tailgate hopper of the refuse Compactor through hydraulic tipping of the bin cart. The Refuse Compactor Vehicle shall be easy to handle and with maximum safety. Hand lever arrangement for operation of Compaction Cycle shall be provided. The Tailgate loading height shall not be more than 1.2 Meters from the ground level. The Tailgate hopper capacity will be minimum 1.1 Cubic Meter.

Refuse Collection Body

The refuse compactor shall be of 7M3 Capacity and be in torsion-free steel construction. Roof panel thickness – Minimum 3 mm Side Panel thickness – Minimum 4 mm Floor thickness – Minimum 4 mm

The tailgate bearing and automatic tailgate locking shall be integrated into the rear frame of the body. The Ejection Plate shall run on synthetic guide blocks within the lateral longitudinal guides of the boat-type bottom group of the refuse collection body and must be operated by a telescopic hydraulic ram. A hydraulic control unit will regulate the withdrawal of the ejection panel during the loading process, so that the compaction is optimised. It must serve during loading as a resistance for the refuse compaction process.

TAILGATE

The tailgate shall unlock automatically and raise, to permit ejection of refuse from RCV hopper when hydraulic valve is actuated. There shall be automatic locking arrangement between tailgate and RCV hopper body. This locking system shall be completely liquid proof between tailgate and refuse collection body by using double rubber lip seal. The Tailgate hopper shall have a Volume of minimum 1.1M3. Slide plate – The Slide Plate shall be actuated by 2 Hydraulic Cylinders and must run on suitable number of sliding blocks. Material of construction –High tensile steel. Packer Plate – The Packer Plate shall be actuated by 2 Hydraulic Cylinders.

TAILGATE HOPPER

Material of construction – DOMEX / HARDOX Steel

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HYDRAULIC SYSTEM

The RCV shall be equipped with following hydraulic system:

Hydraulic Pump

High performance, fixed displacement/ pin vane design pump, best suited for mobile application, supplying the pressurized hydraulic oil for telescopic cylinder of Ejection panel, tail gate lifting and closing, bin lifting & tilting, operation of sliding plate and packer plate. All hydraulic functions are achieved by the below major components:

1. Hand operated mobile control valves supplying controlled hydraulic oil proportionally with its actuation along with integral load holding check valves to prevent reverse flow through valve when shifting.

2. Remote pilot operated two way valve along with pressure relief valve for creating a

hydraulic resistance during withdrawal of the ejection panel for the refuse compaction process.

3. Over center valve creating a back pressure to prevent the load from free falling or

over-run during lowering.

4. 7 Hydraulic Cylinders shall be installed covering following operation: 1 two-stage telescopic ram, double-acting for the ejection panel. 2 hydraulic rams, double-acting for the slide plate Double acting Slide-cylinders (for compacting) shall be located outside/

inside of the sidewalls. The cylinders are mounted in pushing position. 2 hydraulic rams, double-acting for the packer plate 2 hydraulic rams, double-acting for the tailgate (lifting/lowering and automatic locking) All Cylinders should be of reputed make:- WIPRO / DANTAL / CANARA. Working light, Rotating Beacon light, Backing light, Stop light, Direction indicator and Number Plate light to be provided in the RCV.

GARBAGE LOADING SYSTEM/DEVICES

The equipment can be provided with following attachments for unloading the garbage into the tailgate hopper.

Hydraulic Attachment

The equipment shall be provided with a Hydraulic lifting arrangement suitable for lifting & tipping of standard Bins of (1.1 Cum) and detachable Bin Cart from receiving garbage from Hand Cart (wheelbarrow), Cycle Rickshaw, etc. The garbage brought through Hand Cart/Cycle Rickshaw etc. can be unloaded manually into the Bin Cart which is designed to empty garbage into the tail gate hopper by hydraulically tipping of the Bin Cart assembly. Bin Cart assembly fits into the tail gate assembly properly during travel of the Refuse Compactor to the dumping ground. The Hydraulic arrangement shall be provided for levelling, lifting & Tipping operations The Total No of Hydraulic Cylinder in the Equipment fitted with Universal Bin Lifter shall be

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minimum 9 Nos.

Bin Cart

The detachable Bin Cart has a volume of 1.5 cum. approx. and suitable for receiving garbage from Hand Cart (wheelbarrow), Cycle Rickshaw, etc. The garbage brought through Hand Cart/Cycle Rickshaw etc. can be unloaded manually into the Bin Cart. The Bin Cart is attached to the hydraulic bin handling system of Truck mounted Refuse Compactor to unload the garbage into the tailgate hopper of the refuse Compactor through hydraulic tipping of the bin cart.

SAFETY FEATURES

Hose burst valve shall be fitted to the system to prevent the tailgate descending in the event of the hydraulic failure. There shall be a body prop provided on the tailgate to hold the tailgate in the open position for safety of workshop personnel when entering the body for maintenance or repair.

PAINTING

The entire unit shall be painted with two coats of superior quality anti-corrosive primer with two coats of approved quality paint to ensure long lasting, resistance to rust, weathering and breakage. The color shade shall be purchaser’s choice selected from the standard colors offered by the supplier.

Truck chassis

The equipment is to be offered fully built on 11~12 Ton GVW BS VI, wheelbase 4200 mm (min) truck chassis with Non-Sleeper’s Driver’s Cabin and PT. The Chassis Will be Provided by Department.

PTO

PTO should be of reputed make: IPH/WIPRO/ALFA DRIVE with Minimum power 300 NM suited as per Chassis Manufacturer

GPS

Compactor shall be fitted with GPS device

Drawings:

The Selected Agency will be required to submit detailed drawings of all the equipment’s and will be got approved by the Purchaser before fabrication.

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SECTION VI – PRICE SCHEDULE

(To be filled online only)

Sr. No.

Particulars of items Qty. Unit Rate in Rupees

PART I

In figures In words

1. Fabrication of Refuse Compactors of 7 CUM capacity each (including one-year warranty)

08

Rates are inclusive of all taxes (including GST) this format is to be filed online only.

Note: 1. If there is a discrepancy between the unit price and total price, the unit PRICE shall

prevail.

Total Price in Rupees: ________________________ In words: ___________________________________ Signature of Bidder___________________________ Name & Designation _________________________ Place: ______________________ Business Address ____________________ Date: _______________________ Seal of the Bidder________________

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SECTION VII – GENERAL CONDITIONS OF CONTRACT (GCC)

1. Application

1.1. The General Conditions of Contract incorporated in this section shall be applicable for this purchase to the extent the same is not superseded by Schedule of Requirements under Section V and Technical Specification under Section VI of this document.

1.2. The term "Goods" as used herein means the Fabrication of Refuse Compactors; and the term "Services" means the services rendered by the Selected Agency during the warranty Period to the MCA in relation to the Goods, in terms of this Section and also include warranty conditions.

1.3. “Inspection” refers to inspection by officials of Purchaser and/ or MCA and also refers to third party inspections.

1.4. “MCA” means the Municipal Corporation Amritsar.

1.5. “written” or “in writing” means hand-written, type-written, printed or electronically made, and resulting in a permanent record.

2. Country of Origin

2.1 The word “origin” incorporated in this clause means the place from where the Goods are manufactured, produced or processed.

3. Performance Security

3.1 Within 21 (twenty-one) days from date of the issue of Notification of Award by the Purchaser and prior to signing of the Contract, the Selected Agency, shall furnish Performance Security to the Purchaser for an amount equal to 5% (five percent) of the total value of the Contract, valid up to 60 (sixty) days after the expiry of the Warranty Period under the Contract.

3.2 The Performance Security shall be denominated in Indian Rupees in any one of the forms namely Fixed Deposit Receipt drawn from any Scheduled Commercial Bank in India or Bank Guarantee issued by a Scheduled Commercial Bank in India, in the form prescribed in the RFP and in favour of Chief Executive Officer, Amritsar Smart City Limited or Municipal Corporation Amritsar.

3.3 In the event of any amendment issued to the contract, regarding extension of the Contract Period, the Selected Agency shall, within 21 (twenty one) days of issue of the amendment, furnish the corresponding amendment to the Performance Security (as necessary), rendering the same valid in all respects in terms of the Contract, as amended.

3.4 The ASCL/ MCA, as the case maybe, will release the Performance Security without any interest to the Selected Agency on completion of the Selected Agency’s all contractual obligations including the warranty obligations under the Contract. The Selected Agency shall keep the validity of the Performance Security in force at all times up to 60 (sixty) days after the expiry of the Warranty Period.

3.5 In the event the Selected Agency fails to keep the validity of Performance Security at any time during the aforesaid period, the Selected Agency shall be deemed to be in breach of the Contract and the Purchaser or MCA as the case may be shall be entitled to terminate this Contract in terms of Clause 14.

4. Technical Specifications and Requirements

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4.1 The Goods & Services to be provided by the Selected Agency under this Contract shall conform to the Technical Specifications and Requirements under warranty as mentioned in Section V i.e. “Schedule of Requirements”.

5. Packing and Marking

5.1 The packing for the Goods to be provided by the Selected Agency should be strong and durable enough to withstand transit hazards, without limitation, the entire journey during transit including shipment (if any), rough handling, open storage etc. without any damage, deterioration etc. As and if necessary, the size, weights and volumes of the packing cases shall also be taken into consideration, the remoteness of the final destination of the goods and availability or otherwise of transport and handling facilities at all points during transit up to final destination as per the Contract.

6. Inspection, Testing and Quality Control

6.1 The authorized officials of the Purchaser and/or MCA will inspect and/ or test the ordered Goods and the related services to confirm their conformity to the Specifications and Requirements incorporated in the RFP and the Contract. The Purchaser shall inform the Selected Agency in advance, in writing, the Purchaser’s and MCA’s programme for such inspection and, also the identity of the officials to be deputed for this purpose. The cost towards the transportation, boarding & lodging of such officials will be borne by the Selected Agency.

6.2 The Purchaser and/ or MCA may also direct for inspection/ testing of Goods to be provided by the Selected Agency from third party agencies e.g. BV/ RITES/ SGS/ EIL etc. All expenses relating to tests/ inspections or visits of officials of Purchase and/ or MCA shall be borne by the Selected Agency without any claim for such expenses. For such inspections and tests, all reasonable facilities and assistance, including access to relevant drawings, design details and production data, shall also be furnished by the Selected Agency to the Purchaser’s and MCA’s officials at no charge to the Purchaser.

6.3 If during such inspections and tests the contracted Goods fails to conform to the required Specifications & standards and Requirements, the Purchaser’s and/ or MCA’s inspecting officials may reject them and the Selected Agency shall either replace the rejected Goods or make all alterations necessary to meet the Specifications & standards and Requirements, as required, free of cost to the Purchaser and resubmit the same to the Purchaser’s and/ or MCA’s inspecting officials for conducting the inspections and tests again.

6.4 If the Selected Agency tenders the Goods to the Purchaser’s and/ or MCA’s inspecting officials for inspection at the last moment without providing reasonable time to them for completing the inspection within the contractual delivery period, the Purchaser’s and/or MCA’s inspecting officials may carry out the inspection and complete the formality beyond the contractual delivery period at the risk and expense of the Selected Agency. The fact that the Goods have been inspected after the contractual Delivery Period will be without any prejudice to the legal rights and remedies available to the Purchaser under the terms & conditions of the Contract.

6.5 The Purchaser’s contractual right to inspect, test and, if necessary, reject the Goods after their arrival at the final destination shall have no bearing on the fact that the Goods has previously been inspected and cleared by the Purchaser’s and/ or MCA’s inspecting officials during pre-dispatch inspection mentioned above.

6.6 Goods accepted by the Purchaser and/ or MCA’s inspecting officials at initial inspection and in final inspection in terms of the Contract shall in no way dilute

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Purchaser’s and/ or MCA’s right to reject the same later, if found deficient in terms of the provisions of the RFP and the Contract.

7. Delivery & Insurance

7.1 The Selected Agency should deliver the Goods as per the requirement mentioned in the purchase order. The Selected Agency should emboss stickers of purchase order number on the Goods.

7.2 The Selected Agency should provide packing list while delivering the Goods at the address to be provided by the Purchaser to the Selected Agency.

7.3 The invoice should clearly mention “Name of Consignee” and “Paying Authority”.

7.4 The delivered Goods will be inspected for any manufacturing defect and to ensure the technical specifications is as per the requirement of the Purchaser. Provided that irrespective of the inspection done, the Selected Agency shall always remain liable for any such defect that may be observed or found later on during the warranty period.

7.5 Consignee receipt certificate will be provided by the Purchaser upon successful inspection of delivered goods.

7.6 A joint inspection certificate will be signed by the Purchaser’s/ MCA’s inspecting officials and the Selected Agency to identify the Goods accepted by the Purchaser.

7.7 Delivery should be made within 03 (three) months from the date of issue of Purchase Order or execution of this Agreement, whichever is earlier. Non availability of the stock should be informed in writing immediately. No part supply will be allowed.

7.8 Defective items or items not as per specifications, standard and requirements, if any, supplied shall be returned and replaced with no additional cost to the Purchaser and/ or MCA within 30 (thirty) days.

7.9 Unless otherwise instructed, the Selected Agency shall make arrangements for insuring the Goods against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the following manner:

Wherever necessary, the Goods supplied under the Contract shall be fully insured in a freely convertible currency in the manner specified in the Contract. If considered necessary, the insurance may be done for coverage on “all risks” basis including war risks and strike clauses. The amount to be covered under insurance should be sufficient to take care of the overall expenditure, which may be incurred due to any such damage, loss etc.

8. Warranty

8.1 The Selected Agency warrants comprehensively that the Goods supplied under the Contract are new, genuine, unused and incorporate all recent/ latest improvements in design and materials. The Selected Agency also warrants that the Goods would continue to confirm to the description and quality as specified for a period of one year from the date of delivery of Goods. The Selected Agency further warrants that the Goods supplied under the Contract shall have no defect arising from design, materials or workmanship or from any act or omission of the Selected Agency that may develop under normal use of the supplied Goods under the conditions prevailing in India.

8.2 This warranty shall remain valid for 01 (one) year after the Goods have been delivered at the final destination and accepted by the Purchaser in terms of the Contract.

8.3 The Selected Agency shall, promptly repair or replace the defective Goods or parts thereof, free of cost, upon receiving intimation from MCA. The Selected Agency shall

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take over the replaced parts/ spares after providing their replacements and no claim, whatsoever shall lie on the Purchaser for such replaced parts/ spare thereafter.

8.4 If the Selected Agency, having been notified, fails to rectify/ replace the defect(s) promptly, the Purchaser shall levy liquidated damages on the Selected Agency in terms of Clause 13 and/or proceed to take such remedial action(s) as deemed fit by the Purchaser, at the risk and expense of the Selected Agency and without prejudice to other contractual rights and remedies, which the Purchaser may have against the Selected Agency.

9. Prices

9.1 Prices to be charged by the Selected Agency for supply of goods in terms of the contract shall not vary from the corresponding prices quoted by the Selected Agency in its Price Bid and incorporated in the Contract.

10. Taxes

10.1 The rates quoted by the Bidder/ Selected Agency shall be inclusive of all taxes, including GST, duties, Levies etc. Nothing extra will be payable on their account.

11. Terms and Mode of Payment

11.1 All payments will be made after successful delivery of required Goods and approval of the same in terms hereof.

11.2 The payment shall be released by the Purchaser within 30 days of the receipt of the Joint Inspection Certificate, certifying the Goods to be in good condition and their acceptance by MCA.

11.3 Payment shall be made subject to recoveries, if any, by way of liquidated damages or any other charges as per terms & conditions of Contract and/ or removing of defects and/ or replacement of defective components.

11.4 The payment of bills will be made on submission of the following documents by the Selected Agency to the Purchaser along with the bill:

(i) Ink-signed copy of Selected Agency’s invoice showing purchase order number, goods description, quantity, unit price, total amount and necessary tax and duties;

(ii) Joint Inspection Certificate and Consignee Receipt certificate as per Annexure I and Annexure II;

(iii) Packing list identifying contents of each package;

(iv) Warranty Certificate.

(v) Details for electronic payment viz Account holder's name, Bank name, Branch name and address, Account type, Account number, IFSC code, MICR code (if these details are not incorporated in supply order/ Contract).

11.5 Payment shall be made by Cheque or other mode such as electronic fund transfer offered by the bank.

11.6 No payment will be admissible for goods rejected.

11.7 It will be mandatory for the Bidders to indicate their bank account numbers and other relevant e-payment details so that payments could be made through ECS/EFT mechanism instead of payment through cheques, wherever feasible.

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12. Delay in the Selected Agency’s performance

12.1 The Selected Agency shall deliver the Goods and/ or perform the Services under the Contract within the time schedule specified by the Purchaser and/ or MCA as incorporated in the Contract or even otherwise.

12.2 Subject to the provision of Force Majeure under GCC Clause 16, any unexcused delay like accident, major mechanical breakdown during the work by the Selected Agency in maintaining its contractual obligations towards delivery of goods and performance of services including failure to attend to any defects/ deficiencies/ repairs/ replacements within the time period allotted by the Purchaser or MCA, without prejudice to any other rights and remedies available to the Purchaser under the Contract shall render the Selected Agency liable to any or all of the following sanctions:

(i) Imposition of Liquidated Damages;

(ii) Forfeiture of its Performance Security; and

(iii) Termination of the Contract for default.

13. Liquidated damages

13.1 Subject to the provision of Force Majeure under GCC Clause 16, if the Selected Agency fails to deliver any or all of the Goods or fails to perform the services within the time frame(s) incorporated in the Contract or as per the instructions of ASCL, or MCA, the ASCL or MCA, as the case may be, shall, without prejudice to other rights and remedies available to the Purchaser under the Contract, levy an amount by way of liquidated damages amounting to:

i. Rs. 20,000/- (Rupees Twenty Thousand) per day of delay in the delivery of Goods. 14. Termination for default

14.1 The Purchaser or MCA, as the case may be, without prejudice to any other contractual rights and remedies available to it, may, by written notice of default sent to the Selected Agency, terminate the Contract in whole or in part, if the Selected Agency fails to deliver any or all of the goods or fails to perform any other contractual obligation(s) within the time period specified in the Contract.

14.2 Unless otherwise instructed by the Purchaser or MCA, the Selected Agency shall continue to perform the Contract to the extent not terminated.

15. Termination for insolvency

15.1 If the Selected Agency becomes bankrupt or otherwise insolvent, the Purchaser reserves the right to terminate the Contract at any time, by serving written notice to the Selected Agency without any compensation, whatsoever, to the Selected Agency, subject to further condition that such termination will not prejudice or affect the rights and remedies which have accrued and/ or will accrue thereafter to the Purchaser and/ or MCA.

16. Force Majeure

16.1 Notwithstanding the provisions contained in GCC Clauses 12, 13, 14 and 15, the Selected Agency shall not be liable for imposition of any such sanction so long the delay and/or failure of the Selected Agency in fulfilling its obligations under the Contract is the result of an event of Force Majeure.

16.2 For purposes of this Clause, Force Majeure means an event beyond the control of the Selected Agency and not involving the Selected Agency’s fault or negligence and

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which is not foreseeable and not brought about at the instance of the party claiming to be affected by such event and which has caused the non – performance or delay in performance. Such events may include, but are not restricted to, acts of the Purchaser or MCA either in its sovereign or contractual capacity, wars or revolutions, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes excluding by its employees, lockouts excluding by its management, and freight embargoes.

16.3 If a Force Majeure situation arises, the Selected Agency shall promptly notify the Purchaser and MCA in writing of such conditions and the cause thereof within 21 (twenty-one) days of occurrence of such event. Unless otherwise directed by the Purchaser in writing, the Selected Agency shall continue to perform its obligations under the contract as far as reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. If the performance in whole or in part or any obligation under this contract is prevented or delayed by any reason of Force Majeure for a period exceeding 60 (sixty) days, either party may at its option terminate the contract without any financial repercussion on either side.

16.4 In case due to a Force Majeure event the Purchaser and/ or MCA is unable to fulfill its contractual commitment and responsibility, the Purchaser will notify the Selected Agency accordingly and subsequent actions taken on similar lines described in above sub-Clauses.

17. Termination for convenience

17.1 The Purchaser or MCA reserves the right to terminate the Contract, in whole or in part for its convenience, by serving written notice on the Selected Agency at any time during the currency of the Contract. The notice shall specify that the termination is for the convenience of the Purchaser or MCA. The notice shall also indicate inter alia, the extent to which the Selected Agency’s performance under the Contract is terminated, and the date with effect from which such termination will become effective.

17.2 The Goods and Services which are complete and ready in terms of the Contract for delivery and performance within 30 (thirty) days after the Selected Agency’s receipt of the notice of termination shall be accepted by the Purchaser and/ or MCA following the Contract terms, conditions and prices. For the remaining goods and services, the Purchaser and/ or MCA may decide:

(a) To get any portion of the balance completed and delivered at the contract terms, conditions and prices; and/ or

(b) To cancel the remaining portion of the Goods and Services and compensate the Selected Agency by paying an agreed amount for the cost incurred by the Selected Agency towards the remaining portion of the Goods and Services.

18. Fall Clause

18.1 The Selected Agency undertakes that it has not supplied/ is not supplying similar products/ system or sub-systems to any department of Govt. of India i.e. Central Government/ State Government, Statutory Undertakings of Central/ State Governments/ Local Bodies etc. and as well as to private purchaser, domestic or foreign at a price lower than that offered in the present Bid.

18.2 If it is found at any stage that similar product/ systems or sub systems was supplied by the Selected Agency to any of the above Organizations as well as to private Purchaser, domestic or foreign, at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference

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in the cost would be refunded by the Selected Agency to the Purchaser, if the contract has already been concluded.

19. Withholding and lien in respect of sums claimed

19.1 Whenever any claim or claims for payment of a sum of money arises out of or under the Contract against the Selected Agency, the Purchaser and/ or MCA, as the case may be, shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any, deposited by the Selected Agency and for the purpose aforesaid, the Purchaser and/ or MCA, as the case may be, shall be entitled to withhold the said cash security deposit or the security, if any, furnished as the case may be and also have a lien over the same pending finalization or adjudication of any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the Selected Agency, the Purchaser and/ or MCA, as the case may be, shall be entitled to withhold and have lien to retain to the extent of the such claimed amount or amounts referred to supra, from any sum or sums found payable or which at any time thereafter may become payable to the Selected Agency under the same contract or any other contract with the Purchaser and/ or MCA, or the Government, pending finalization or adjudication of any such claim and that the Selected Agency shall have no claim for interest or damages whatsoever on this account or on any other ground in respect of any sum of money withheld or retained under this Clause and duly notified as such to the Selected Agency.

20. Resolution of disputes

20.1 If any dispute or differences of any kind what-so-ever arises between the Purchaser, its authorized representatives, Municipal Corporation of Amritsar and the Selected Agency in connection with or arising out of this Contract or the execution of works, these shall be resolved as under.

20.2 Whether before its commencement or during the progress of Project or after the termination, abandonment or breach of the Contract, the dispute shall in the first instance supported with complete documents and further documents, if any, required by him, be referred for settlement to a person nominated by MCA and he shall, within a period of 30 (thirty) days after being requested in writing by the Selected Agency to do so, convey his decision to the Selected Agency. Such decision in respect of every matter so referred shall, subject to arbitration as hereinafter provided, be final and binding upon the Selected Agency. In case the work is already in process, the Selected Agency shall continue with the execution of the Work as aforesaid with all due diligence, whether any of the parties requires arbitration as hereinafter provided or not.

20.3 If the nominated person has conveyed his decision to the Selected Agency and no claim for arbitration has been filed by the Selected Agency within a period of thirty (30) days from the receipt of the letter communicating the decision, the said decision shall be final and binding upon the Selected Agency and will not be a subject matter of arbitration at all.

20.4 If the nominated person fails to convey his decision within a period of thirty (30) days from the date on which the said request was made by the Selected Agency, he may refer the dispute for arbitration as hereinafter provided.

20.5 All disputes or differences in respect of which the decision is not final and conclusive shall, at the request of either party made in communication sent through registered A.D. post, be referred for arbitration by the Arbitral Tribunal

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consisting of 3 (three) members with each party appointing their nominee arbitrator and such nominee arbitrators appointed the third presiding arbitrator.

20.6 The reference to the Arbitral Tribunal shall be made by the claimant party within 30 (thirty) days from the date of dispute of claims being arisen during the execution of the Project. If the claim pertains to rates or recoveries introduced in the final bill, the reference to the Arbitral Tribunal shall be made within two (2) calendar months from the date of payment of the final bill to the Selected Agency.

20.7 The provisions of the Arbitration and Reconciliation Act, 1996 or any other statuary law there under or modification thereof and for the time being in force shall apply to the arbitration proceedings under this clause.

20.8 The venue of Arbitration shall be Amritsar. The work under the Contract shall continue during the arbitration proceedings.

21. Applicable Law

21.1 The Contract shall be governed by and interpreted in accordance with the laws of India for the time being in force.

22. Execution of Contracts

22.1 Contract shall be executed between ASCL, MCA and the Selected Agency for fabrication of refuse compactors and one-year warranty.

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SECTION VIII – CONTRACT FORMS

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TEMPLATE OF LETTER OF AWARD

[on letterhead paper of the Purchaser]

No. . . . . . .. Dated . . . . . .. To: . . . . . . . . .. [name and address of the Successful Bidder] . . . . . . . . .. Subject: .................... [Notification of Award for the Works] .................... This is to notify you that your Bid dated .................... [date] for the Fabrication of eight refuse Compactors of 7 CUM Capacity each under Smart City Mission vide Bid Reference No. 02/ASCL/2020-21 dated 07.07.2020 for the Accepted Contract Amount of the .................... [amount in numbers and words and name of currency] ...................., as corrected and modified in accordance with the Instructions to Bidders has been accepted by the CEO, Amritsar Smart City Limited. The maximum time for completion of work shall be 3 (three) months.

You are requested to furnish the Performance Security in the form as prescribed in the Tender Document, for an amount equivalent to Rupees …………… within 21 (twenty one) days from the date of this Letter of Award valid up to 60 (sixty) days after the warranty period of Fabrication in terms of the Tender Document including GCC and sign the Contract, failing which action as stated in Instructions to Bidders shall be taken. Upon furnishing of the Performance Security, you shall be required to execute Contract with the ASCL and MCA for Fabrication of Refuse Compactors to the Municipal Corporation, Amritsar, including one year warranty which shall be free of cost. For printing and signing of Contracts, you are required to provide non-judicial stamp papers of appropriate value as per the rules prevalent in Punjab.

Authorized Representative:

Name and Title:

Designation:

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TEMPLATE OF CONTRACT AGREEMENT

(on non-judicial stamp paper of appropriate value) THIS CONTRACT AGREEMENT made this…………day of ..........2020

BETWEEN The Chief Executive Officer, Amritsar Smart City Ltd., having its office at SCO - 21, 2nd Floor, District Shopping Complex Ranjeet Avenue B-Block Amritsar- 143001 (hereinafter the “Purchaser”, which expression shall include his/ their respective heirs, executors, administrators and assignees) represented by …………………..

AND

M/s …………………………………. having its registered/ head office at ...................

represented by Mr./ Ms......................................... holding the designation of

.............................. (hereinafter the “Selected Agency” which expression shall include

his/their respective heirs, executors, administrators and assignees represented by ………

AND

Municipal Corporation Amritsar having its registered/ head office at C-Block, Ranjit Avenue,

Amritsar. represented by Mr./ Ms......................................... holding the designation of

.............................. (hereinafter the “MCA”) which expression shall include his/their respective heirs,

executors, administrators and assignees

The Selected Agency, MCA and the Purchaser shall be referred to individually as

“Party” and collectively as “Parties”

WHEREAS the Purchaser on behalf of Municipal Corporation Amritsar invited bids for the

“Fabrication of eight refuse Compactors of 7 CUM Capacity each under Smart City

Mission” (the "Project") and in pursuance of the tendering process accepted the Bid of the

Selected Agency for implementation of the Project and issued a Letter of Award (LoA) No.

............... dated ........... to the Selected Agency.

AND WHEREAS in conformity with the provisions of the LoA, the Selected Agency has

submitted Performance Security for Rupees -------------------------- in the form of

(………………….) in favour of Amritsar Smart City Limited, prior to signing of the Agreement.

AND WHEREAS in terms of the LoA, the Parties are required to enter into a Contract

Agreement as per the form prescribed.

Accordingly, the Parties agree as follows:

1. In this Contract Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of

this Contract Agreement. This Contract Agreement shall prevail over all other Contract

documents.:

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I. General Conditions of Contract;

II. Schedule of Requirements;

III. Price Schedule(s) furnished by the Selected Agency in its Bid;

IV. Bid Form furnished by the Selected Agency;

V. Manufacturer’s Authorization Form (if applicable for this Bid);

VI. Purchaser’s Letter of Award.

3. In consideration of the payments to be made by the Purchaser to the Selected Agency

as indicated in this Agreement, the Selected Agency hereby covenants with the

Purchaser for fabricating eight refuse Compactors of 7 CUM capacity each for Municipal

Corporation Amritsar, and adhere to Warranty Period of 1 (one) year in terms of the

Tender Document including General Conditions of Contract.

4. The Purchaser hereby covenants to pay the Selected Agency only to the extent for

fabrication of eight refuse Compactors of 7 CUM capacity each or such other sum as

may become payable under the provisions of the Contract at the times and in the

manner prescribed by the General Conditions of Contract.

5. In pursuance of the GCC, all future contractual obligations between the Selected Agency

and MCA pertaining to warranty requirements shall be complied and honoured by and

between the Selected Agency and MCA.

6. The Purchaser or MCA shall not be liable to the Selected Agency under this Agreement

for any loss of profit, loss of revenue or any other indirect or remote or consequential

damages that may be suffered by the Selected Agency. Further, the Selected Agency

shall not be entitled for any interest from the Purchaser for any payment delayed for

reasons, whatsoever may be.

7. Performance Security submitted by Selected Agency shall also be enforceable by MCA

through Purchaser for failure to provide warranty services.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with the laws of India on the day, month and year indicated above.

(Signature, name and address of Purchaser’s Authorized Official)

For and on behalf of Amritsar Smart City Limited

For and on behalf of Municipal Corporation, Amritsar

[Signature with date, name and designation] for and on behalf of: _______________________________

Received and accepted this contract

____________________________

[Name & address of the manufacturer]

(Seal of the Selected Agency) Date: _____________

Place: _____________

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BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

To,

Beneficiary: Chief Executive Officer

Amritsar Smart City Limited,

SCO 21, 2nd Floor,

Distt. Shopping Complex,

B-Block, Ranjit Avenue,

Amritsar

Performance Guarantee No.:

WHEREAS M/s ……………………………………. (name and address) (hereinafter called the

“Selected Agency”) has undertaken to execute Fabrication of eight refuse Compactors

of 7 CUM Capacity each under Smart City Mission (hereinafter called the “Contract”)

vide Letter of Acceptance/ Notification of Award No. _____ dated ______.

AND WHEREAS it has been stipulated by you in the said Letter of Acceptance/ Notification

of Award that the Selected Agency shall furnish you with a Bank Guarantee by a recognized

bank for the sum specified therein as security for compliance with the obligation in

accordance with the Contract.

AND WHEREAS we have agreed to give the Selected Agency such a Bank Guarantee.

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you on

behalf of the Selected Agency, upto a total of Rs…………………………. (amount of

guarantee) _______________ (Rupees in words) such sum being payable in the types and

proportions of currencies in which the Contract Price is payable. And we undertake to pay

you, upon your first written demand and without cavil or argument, any sum or sums within

the limits of Rs…………………. (amounts of guarantee) as aforesaid without your needing to

prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Selected Agency

before presenting us with the demand. We further agree that no change or addition to or

other modification of the terms of the Contract or of the works to be performed thereunder or

of any of the contract documents which may be made between you and the Selected Agency

shall in any way release us from any liability under this guarantee and where by waive notice

of any such change, addition of modification.

That this irrevocable Guarantee shall be valid until _________ (60 (Sixty) days after the

Warranty Period of Fabrication.)

Signature and seal of the Guarantor.

Name of Bank ……………………….

Address …………………….

Dated ……………………….

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Fabrication of Refuse Compactors

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ANNEXURE I - JOINT INSPECTION CERTIFICATE

1. Purchase order no. & Date: _____________________________ 2. Selected Agency’s Name & Address: ____________________________ 3. Name of Consignee: __________________________________ 4. Date of Receipt by the Consignee: __________________ 5. Description of Goods supplied:

S. No. Name of Item Quantity Supplied Items Rejected Items Accepted

The Selected Agency was instructed to replace the rejected items, which was done by

……………., 2020 to our satisfaction. It is certified that the Goods are now in full & good

condition as per the requirements set forth in the RFP particularly Section V thereof.

6. Remarks, if any_____________________

Page 48: AMRITSAR SMART CITY LIMITEDCompactors of 7 CUM Capacity each under Smart City Mission” The Bidding Document is available on . A non-refundable fee of Rs. 10,000/- + processing charges

Fabrication of Refuse Compactors

48

ANNEXURE II- CONSIGNEE RECEIPT CERTIFICATE

The following Goods have been received: a. Purchase Order No. & Date: ________________ b. Selected Agency’s Name: ______________________ c. Consignee’s Name & Address with telephone No.: _________________ d. Name of the items supplied:

S. No. Item Quantity Supplied

e. Date of Receipt by the Consignee: ___________________ f. Name and designation of Authorized Representative of Consignee: ______________ g. Signature of Authorized Representative of Consignee with Date: ________________ h. Seal of the Consignee: __________________

Page 49: AMRITSAR SMART CITY LIMITEDCompactors of 7 CUM Capacity each under Smart City Mission” The Bidding Document is available on . A non-refundable fee of Rs. 10,000/- + processing charges

Fabrication of Refuse Compactors

49

CHECK LIST

Description Submitted

(Yes/ No)

TECHNICAL BID

Covering letter clearly stating the validity period of the

Bid/Bid Submission Form

Form Tech 1

Bidder’s Information Form Tech 2

Declaration for Blacklisting and Authorization Form Tech 3

Declaration for Accepting Terms and Conditions of

Bidding Document

Form Tech 4

Experience of Carrying Similar Work (Relevant

information about similar projects undertaken along with

supporting documents as specified)

Form Tech 5

Declaration of Annual Turnover (Bidders shall be

required to submit Audited Financial Statements/ Balance

Sheets for the last 3 (three) financial years)

Form Tech 6

Undertaking for Compliance with Technical Specifications Form Tech 7

Power of Attorney for signing the Bid Form Tech 8

Manufacturers’ Authorization Form Form Tech 9

Payment of Bidding Document Fee

Bid Security

Details of the place of incorporation, registered office etc.

Certificate(s) from its statutory auditors/ chartered

accountant specifying the Net Worth along with audited

Financial Statements/ Balance Sheets

Checklist

FINANCIAL BID

Financial Bid Online