s westinghouse saxby farmer limited (a government company...

s Westinghouse Saxby Farmer Limited (A Government Company )

17, Convent Road Entally, Kolkata- 700 014

SHORT NOTICE INVITING TENDER No. – WSFL/CEP/DH/SNIT-02(e)/2013-2014

1. Tenders are invited by the Divisional Head-CEP, Westinghouse Saxby Farmer Limited (WSFL) (A Government Company), for the works mentioned in the list attached herewith through electronic tendering (e-tendering) from bonafide contractors/ enlisted contractors of WSFL, having sufficient credential and financial capability for execution of works of similar nature/Building and allied nature of works of at least 30% of the amount put to tender in a single job during the preceding 5(Five) y e a r s . 2. General Guidance for e-Tendering

2.1 Instructions / Guidelines for tenderers for electronic submission of the tenders online have

been shown in Web site https://etender.wb.nic.in 2.2 Registration of Contractors

Any contractor willing to take part in the process of e-tendering will have to be enrolled and registered with the Government e-Procurement System.

2.3 Digital Signature Certificate (DSC)

Each contractor is required to obtain a Class-II or Class-III Digital Signature Certificate (DSC) for submission of tenders.

2.4 Collection of Tender Documents

The contractor can search and download NIT and tender documents electronically from computer once he logs on to the website mentioned in Clause 2.1 using the Digital Signature Certificate. This is the only mode of collection of tender documents.

2.5 Participation in more than one work

Normally, any bonafide contractors/enlisted contractors of WSFL may be participated a maximum of 2(Two) number of the works mentioned in the list attached.

3. Submission of Tenders

3.1 General process of submission

Tenders are to be submitted online through the website stated in Clause 2.1 in two folders, at a time for each work, one is Technical Proposal and the other is Financial Proposal, before the prescribed date and time mentioned in the list attached. Using the Digital Signature Certificate (DSC), the documents are to be uploaded virus scanned and digitally signed. The document will get encrypted (transformed into non-readable formats).

3.2 Technical Proposal

The Technical Proposal should contain scanned copies and/or a declaration in standardised formats of the following in two covers (folders).

a. Technical File (Statutory Cover) containing, i. Tender Form ii. NIT. iii. Tender Fee Rs.10,000/-(Rupees Ten Thousand Only) in the form of Demand Draft /

Banker’s Cheque/Pay Orde r towards cost of tender documents as prescribed in the list attached, separately against each serial of work, in favour of Westinghouse Saxby Farmer Limited, payable at Kolkata from any recognised Bank.

iv. Earnest Money Deposit – Demand Draft/Banker’s Cheque/Pay Order towards cost of

earnest money as prescribed in the NIT in the list attached, separately against each serial of work, in favour of Westinghouse Saxby Farmer Limited, payable at Kolkata from any recognised Bank @ 2% of the amount put to tender. EMD money to the unsuccessful tenderers will be refunded after issue of Work Order to the lowest bidder. No interest is payable on this amount.

v. Performance Bank Guarantee – Declaration towards deposition of Bank Guarantee (5% of

the tendered amount) after receipt of Letter of Acceptance (Form-1) CUM Work Order.

vi. Security Deposit Money @ 3% will be deducted from each R.A Bill.

• The enlisted contractor of WSFL are to upload the enlistment certificate issued by WSFL in non statutory cover for availing the following:-

iv. Earnest Money Deposit –Demand Draft/Banker’s Cheque/Pay Order towards cost of earnest money as prescribed in the NIT in the list attached, separately against each serial of work, in favour of Westinghouse Saxby Farmer Limited, payable at Kolkata from any recognised Bank @ 1% of the amount put to tender. EMD money to the

unsuccessful tenderers will be refunded after issue of Work Order to the lowest bidder. No interest is payable on this amount.

v. Performance Bank Guarantee - Declaration towards deposition of Bank Guarantee (2%

of the tendered amount) after receipt of Letter of Acceptance (Form-1) Cum Work Order.

vi. Security Deposit Money @ 7% will be deducted from each R.A Bill.

vii. Other Mandatory Forms A. ‘Average annual turnover from contracting business’ –

Summary statement of average annual turnover from contracting business for a period of last three years (year just preceding the current financial year will be considered as Year-1) or during the period since formation of the Firm, if it was set up in less than such 3-year period (vide Form-2).

B. ‘Power of Attorney’ – Power of attorney by the competent authority, if the power is delegated for signing the bid to persons other than the applicant.

i) NIT, Tender Form (Articles of Agreement, General Conditions of contract, Technical specification & Special Terms & Conditions) are to be digitally signed and uploaded.

ii) Tenders will be summarily rejected if any item in the statutory cover is found missing.

b. M y Document (Non-Statutory Cover) containing,

1. Upto date Professional Tax (PT) Challan and IT, PAN valid up to the date of opening of the tenders. Application for such clearance addressed to the competent authority may also be considered.

2. u p t o d a t e VAT Registration Certificate and Return Certificate of the last quarter of the previous financial year.

3. upto date Enlistment certificate issued from WSFL

4. Bank Solvency Certificate 5. upto date P.F. registration certificate and P.F. Challan.

ii. Credential 1. Completion Certificate for similar nature of work/Building & allied nature of work,

executed within last 5(five) years (to be determined from the actual year of completion, considering current financial year as year-1) issued by competent

authority.

iii. List of equipment required for the work to be submitted. iv. List of Technical personnel with their educational qualification to be

submitted (One must be Graduate Civil Engineer & another 2(two) Diploma Civil Engineer with experience in executing similar nature of work/Building & allied nature of work for deployment at site.

CERTIFICATES

A1. CERTIFICATES

VAT/ SALE TAX REGISTRATION CERTIFICATE ALONG WITH ACKNOWLEDGEMENT,PAN,LATEST IT ACKNOWLEDGEMENT, PTAX,LABOUR LICENCE, OD CERTIFICATE FROM BANK PF REGISTRATION CERTIFICATE and PF Challan.

COMPANY DETAILS

B1. COMPANY DETAILS 1

PARTNERSHIP DEED, CO-OPERATIVE SOCIETY BYLAW,MOA, TRADE LINCENCE, COMPANY REGISTRATION CERTIFICATE,

B1. COMPANY DETAILS 2 COMPANY DETAILS 2

CREDENTIAL C1. CREDENTIAL1 CREDENTIAL1 C2. CREDENTIAL2 COMPLETION CERTIFICATES

EQUIPMENT D1.LABORTARY LABORATORY D2. MACHINERIES 1 D2. MACHINERIES 1 D2. MACHINERIES 2 D2. MACHINERIES 2 D2. MACHINERIES 3 D2. MACHINERIES 3 D2. MACHINERIES 4 D2. MACHINERIES 4 D2. MACHINERIES 5 D2. MACHINERIES 5

FINANCIAL INFO P/L & BALANCE SHEET 2008-2009 P/L & BALANCE SHEET 2009-2010 P/L & BALANCE SHEET 2010-2011 P/L & BALANCE SHEET 2011-2012 P/L & BALANCE SHEET 20012-2013 E8. PAYMENT

CERTIFICATE 1

PAYMENT CERTIFICATE 1 E9. PAYMENT

CERTIFICATE 2

PAYMENT CERTIFICATE 2 E10. WORK IN HAND WORK IN HAND

MANPOWER

F1. TECHNICAL PERSONNEL

TECHNICAL PERSONNEL ON PAYROLL

educational qualification to be submitted (One must be Graduate Civil Engineer & another 2(two) Diploma Civil Engineer with experience in executing similar nature of work/Building

& allied nature of work for deployment at site.

v. Others

1. Declaration of not having common interest in the same serial (vide Form-

3).

Failure of submission of any one of the above mentioned documents will render the tender liable to summarily rejection. All original copies of documents including EMD and Tender fees have to be submitted to the Divisional Head CEP of Westinghouse Saxby Farmer Limited, 17 Convent Road, Entally Kolkata-700014, 24- hrs before opening of technical bid.

vi. Submission of original copies of documents of Tender Fee and Deposition of Earnest Money/Money receipt of fixed security deposit. The original copies of the Demand Draft / Banker's Cheque / Pay Order,) towards cost of tender documents, Earnest Money Deposit (EMD) to be submitted 24-hrs before opening of technical bid mentioning NIT no. and

Serial no. of works at the Project Office of Westinghouse Saxby Farmer Limited, 17 Convent Road, Entally, Kolkata 700014.

3.3 Financial Proposal

The financial proposal should contain the following documents in one cover (folder), i.e. Bill of Quantities (BOQ). The contractor is to quote the rate (percentage above /at par/WSFL owe) online through computer in the space marked for quoting rate in the BOQ, only downloaded copies of the above documents are to be uploaded, virus scanned and digitally signed by the contractor.

3.4 Eligibility Criteria

Financial proposal of any contractors will come under the purview of consideration when they are technically qualified after evaluation by tender evaluation committee (TEC), constituted for the purpose.

3.4.1 Penalty for suppression / distortion of facts

If any tenderer fails to produce the original hard copies of the documents or any other documents on demand of the Tender Evaluation Committee within a specified time frame or if any deviation is detected in the hard copies from the uploaded soft copies or if there is any suppression, the tenderer will be rejected & liable to be suspended from participating in the tenders of Westinghouse Saxby Farmer Limited on e- tender platform for a period of 2 (Two) years. In addition, his user ID will be recommended for deactivation and Earnest Money Deposit will stand forfeited/cancellation of enlistment. Besides, the Westinghouse Saxby Farmer Limited may take appropriate action against such defaulting tenderer.

3.5 Taxes & duties to be borne by the Contractor.

Income Tax, VAT, Sales Tax, Royalty, Construction Workers' Welfare Cess and all other statutory levy / cess will have to be borne by the contractor and the rate should be quoted accordingly after consideration of above.

3.6 Site inspection before submission of tender

Before submitting any tender, the intending tenderers should make themselves acquainted thoroughly with the local conditions prevailing at site by actual inspection and taking into consideration all factors and difficulties likely to be involved in the execution of work in all respect and no claim whatsoever will be entertained on these account afterwards. Tenderers may contact the Project office of WSFL for the purpose between 9.30 hours to 16.30 hours on any working day prior to date of submission of tenders.

A pre-bid meeting may be arranged at the Project Office of Westinghouse Saxby Farmer Limited on a date to be notified through website prior to submission of bid.

3.7 Conditional and incomplete tender

Conditional and incomplete tenders are liable to summarily rejection.

4. Opening and evaluation of tender

4.1 Opening of Technical Proposal i. Technical proposals will be opened by the Divisional Head- CEP, Westinghouse Saxby

Farmer Limited and/or his authorized representatives electronically from the website stated in Clause 2.1, using their Digital Signature Certificate.

ii. Intending tenderer / or his authorized representatives may remain present, if they so desire.

iii. Cover (Folder) for Statutory Documents (vide Clause 3.2.a) should be opened first, if

found in order, Cover (Folder) for Non-statutory Documents (vide Paragraph – 3.2.b) will be opened. If there is any deficiency in the Statutory Documents, the tender will summarily be rejected.

iv. Decrypted (transformed into readable formats) documents of the Non statutory Cover

will be downloaded, and handed over to the Tender Evaluation Committee (constituted for evaluation of tenders).

4.2 Uploading of summary list of technically qualified tenderers (1st round)

i. Pursuant to scrutiny and decision of the Tender Evaluation Committee (TEC), the

summary list of eligible tenderers with the serial number of work(s) for which their Financial Proposals will be considered will be uploaded in the web portals.

ii. While evaluation, t h e Committee m a y summon t h e tenderers a n d seek

clarification / information or additional documents or original hard copy of any of the documents already submitted and if these cannot be produced within the stipulated time frame, their proposals will be liable for rejection.

4.3 Provision for appeal and its disposal

i. Intending tenderer not satisfied with the decision of the Tender Evaluation

Committee (TEC) may prefer an appeal to the Managing Director in writing (through facsimile / e-mail or speed post) within two working days after the date of

uploading of the summary list of the successful tenderers. Copy of such appeal should also be sent to the Tender Inviting Authority of the Westinghouse Saxby Farmer Limited.

ii. The Appellate Authority, i.e. Managing Director will dispose of such appeals by hearing

the aggrieved tenderers as well as consulting the Tender Evaluation Committee and the tenderer will be communicated accordingly.

4.4 Final publication of summary list of technically qu alified tenderers

In case, the Appellate Authority asks the Tender Inviting Authority to consider tender of any of the aggrieved tenderers, who may have preferred appeal, the process of uploading of qualified tenderers will be re-done by the tender inviting authority, through issuing necessary corrigendum. Date of opening of financial bid will to be intimated in the final summary list.

4.5 Opening and Evaluation of Financial Proposal

i. Financial proposals of the tenderers declared technically eligible by the Tender

Evaluation Committee will be opened electronically from the web portal stated in Clause 2.1 on the prescribed date, normally after 5(Five) working days of date of publication of final summary list of the tenderers, by the Divisional Head-CEP, Westinghouse Saxby Farmer Limited.

ii. The encrypted copies will be decrypted and the rates will be read out to the

contractors remaining present at that time. iii. After evaluation of Financial Proposal, by the Tender evaluation committee, and after

having necessary comments from the Divisional Head-CEP, (Tender inviting authority) and test check to the comparative statement by the Accounts Officer attached to the office of the Project Department, may upload the final summary result containing inter-alia, name of contractors and the rates quoted by them against each work provided Tender evaluation committee is satisfied that the rate obtained is fair and reasonable and there is no scope of further lowering down of rate.

iv. However, if there is any scope for lowering down of rates in the opinion of the Tender

evaluation committee, the Executive -Project may declare the former publication stated in Paragraph–4.5. (iii) above as semi-final and notify all the tenderers through the website to attend sealed bids to be followed by open bids to be held at WSFL’s Project office on the prescribed date and time, which will be done offline, i.e. manually as per present procedure.

v. After holding such bids, final summary result would have to be uploaded in the web portal, through corrigendum.

vi. The Tender Accepting Authority may ask any tenderer to submit analysis to justify the rate quoted by that tenderer.

4.6 Procedures to be followed when one / two technicall y qualified tenderers

participated in any tender a. Financial bid of technically qualified single / two tenderers may not be opened

immediately. b. 2nd call may be invited immediately after technical evaluation and uploading the list of

the technically qualified bidders(s) of the 1st call. c. If such bidder(s) technically qualified in the 1st call intend(s) to change their rates

quoted in the 1st call, they are to purchase tender paper afresh. In case of non purchase, the rates quoted in the 1st call would remain valid.

d. After selection of technically qualified tenderers for 2nd call (in case new tenderer other than the existing tenderer of the 1st call), financial bid of both 1st and 2nd call would be opened.

e. Financial evaluation would be made in a combined way considering both 1st and 2nd call.

f. However, as stated in clause 4.6.(c), in case tenderer(s) of 1st call submit(s) fresh tender in 2nd call, rates of 2nd call should be considered in the process of evaluation.

5. Acceptance of Tender

Lowest valid rate should normally be accepted. However, the Tender Accepting Authority does not bind himself to do so and reserves the right to reject any or all the tenders, for valid reasons and also reserves the right to distribute the work amongst more than one tenderer.

6. Submission of Performance Bank Guarantee on accepta nce of tender

The tenderers, whose tender is accepted, shall on receipt of Work Order, will have to deposit an amount @5 %(Five Percent) for outsiders and @ 2% (Two Percent) for enlisted contractors of the tendered amount towards Performance in the form of Bank Guarantee from any scheduled Bank prior to execution of agreement on non-judicial stamp paper of Rs. 100/- in the prescribed format available in the tender document. The said agreement will have to be submitted to this office within 7(Seven) days from the date of Work Order, failing which the deposited earnest money will be forfeited and the Work Order will be treated as cancelled.

7. Return of Earnest Money of the unsuccessful tendere r(s)

For refund of the Earnest Money t o the unsuccessful tenderer(s), he/she/they is/are to apply for the same to the Divisional Head-CEP of Westinghouse Saxby Farmer Limited with the work, giving the reference of the work, NIT No., date of tender, amount and mode of Earnest Money deposited – all in a complete form. The Earnest Money of all tenderers other than the lowest tenderer in each case in outsiders may be refunded after issue of work order of the particular work.

8. Payment

The payment of R/A as well as final bill for any work will be made within 7(seven) days after receiving payment from the employer and no claim what so ever as to delay in payment will be entertained.

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9. Schedule of Dates:

Sl. No.

Activity

Date

1.

Publishing Date

25.07.2013

2.

Document Sale Start Date

26.07.2013 at 10.00 hrs.

3 Pre Bid Meeting Date

29.07.2013 at 14.00 hrs.

4 Bid Submission Start Date

29.07.2013 at 15.00 hrs.

5 Bid Submission End Date

01.08.2013 at 18.00 hrs.

6 Date of opening of Technical Bid

02.08.2013 at 11.00 hrs.

7

Date of uploading of list of technically qualified bidders (online)

To be notified in due course.

8 Date of opening of Financial Bid (online).

To be notified in due course.

9 Date of uploading of list of bidders along with the final rates (online), after negotiation, with all tenderers, if necessary (offline).

To be notified in due

course.

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10 . List of Works Memo no-WSFL\CEP \DH\SNIT-02(e)\0454\13-14 dated 25.07.2013 SHORT NOTICE INVITING TENDER No. – WSFL/CEP/DH/SNIT-02(e)/2013-2014 (2nd Call)

Tender Accepting Authority: Divisional Head-CEP, WS FL, (A Govt. Company)

Sl. No. Name of Work Amount put to tender

(Rs.)

Earnest Money Deposit @2%

for Outsiders

& for

enlisted 1%

Time Allowed for the

Completion

of Work.

Cost of Tender Document

1 Construction of modern

Go-down of 5000 M.T.

Capacity with ancillary

structure at SARF, Basirhat –

II, Dist – North 24 Parganas.

under RIDF – XVIII.

54804000 10,96,080.00

548040.00

10 Months. 10000/- per

document in

the form of

DD/ Pay Order

from any

recognised

bank payable

at Kolkata

2 Construction of modern

Go-down of 5000 M.T.

Capacity with ancillary

structure at BSF,

Bhagwanpur – II, Mouza-

Saktia, P.S.- Bhupatinagar,

Dist. - Purba Medinipur

under RIDF – XVIII..

59506000 11,90120.00

595060.00

10 Months. 10000/- per

document in

the form of

DD/ Pay Order

from any

recognised

bank payable

at Kolkata

11. LOCATION OF CRITICAL EVENT . Pre Bid Meeting : Westinghouse Saxby Farmer Limited 17. Convent Road, Entally Kolkata-700014. 29.07.2013 at 14.00 hrs.. [Note: Bidders are requested to send their queries, if any to the email address – [email protected] At least two days before the date of pre bid meeting] Bid Opening : Westinghouse Saxby Farmer Limited 17. Convent Road, Entally Kolkata – 700014. 01.08.2013 at 15.00 hrs

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Form – 1

Declaration regarding deposition of Performance Ban k Guarantee I, Sri/Smt.___________________________________________________, the authorized signatory on behalf of______________________________________________ do hereby agree to deposit the full amount of Performance Bank Guarantee Bond against Tender No._________________, Sl. No. ______,within the stipulated period if my bid qualified ffinancially and received Letter of Acceptance Cum Work Order, failing which the Westinghouse Saxby Farmer Limited can take appropriate penal measure as may be notified from time to time including forfeiture of earnest money deposited with tender.

Date:

Signature of Bidder

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Form – 2

Certificate regarding Summary Statement of Yearly Turnover from Contractual Business

This is to certify that the following statement is the summary of the audited Balance Sheet arrived from contractual business in favour of _________________________________ __________________________ for the three consecutive years or for such period since inception of the Firm, if it was set in less than such three year's period.

Sl. No

Financial Remarks

Year Turnover roun ded up to Rs. in lakh (two digit after decimal)

1. 2. 3.

Total

. Average Turnover: Rs_____________________________________________

Note:

1. Year preceding the current financial year is to be considered as Year-1. 2. Average turnover is to be expressed in lakh of rupees, rounded up to two

digits after decimal. 3. Average turnover for 3 years is to be obtained by dividing the total turnover by

3.0. If the Firm was set up in less than 3 year's period, consider the turnover for the period from inception to the Year-1. It may be either 1.0 or 2.0. Average turnover is to be obtained by dividing the total turnover by 1.0 or 2.0, as the case may be.

4. In case, the firm was set up in less than 3 year's period, mention the year of inception in the ‘Remarks’ column.

5. The bidder may submit dully filled FORM -2 certified by Chartered Accountant or Balance Sheet of last 3 (Three)Years.

………………………………………. …………………………………………….. Signature of the Registered Signature of the Bidder Chartered Accountant

Or Balance Sheet of last three years

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Form – 3

Declaration against Common In terest I/We, Sri/Smt. , the authorized signatory on behalf of do hereby affirm that I/We/any of the member of bidding against NIT No. , Sl. No. do not have any common interest either as a partner of any partnership firm / joint venture as a Proprietor / Owner of any other firm in the same serial for the work I / We like to participate.

Date: _______________________ Signature of Bidder

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FORM – 4 PRE- QUALIFICATION APPLICATION

To The Divisional Head CEP. Westinghouse Saxby Farmer Limited 17, Convent Road, Entally. Kolkata- 700014. Ref:- Construction of 5000 MT Capacity Godown at Different District of West Bengal under RIDF-XVIII, taking loan assistance from NABARD Authority.

SNIT NO. WSFL/CEP/DH/SNIT-02(e)/2013-2014 , Sl No._________( to be filled by the bidder for the particular work concerned].

Sir, Having examined the Statutory, Non statutory and NIT document, I/we hereby submit all the necessary information and relevant document for evaluation of the above noted tender. The application is made by me/ us on behalf …….……………………………………………………… in the capacity………………………………………………………………………………………………………. duly authorized to submit the tender. The necessary evidence admissible by law in respect of authority assigned to us on behalf of the group of firms for Application and for completion of the contract document is attached herewith. We are interested in bidding for the works given in Enclosure to this letter. We understand that:

(a) Tender Inviting & Accepting Authority/ Divisional Head CEP can amend the scope & value of the contract bid under this project.

(b) Tender Inviting & Accepting Authority/ Divisional Head CEP reserves the right to reject any/ all application without assigning any reason.

Signature of applicant including tittle and capacity in which application is made Encl:- e-Filling:

a) Statutory document b) Non statutory document

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APPENDIX – A

DECLARATION BY THE TENDERER

I/We have inspected the site of work and have made myself/ourselves fully acquainted with local conditions in and around the site of work. I /We have carefully gone through the Notice Inviting Tender and other tender documents mentioned therein along with the drawing attached. I/We have also carefully gone through the 'Priced Schedule of Probable Items and Quantities'. My/Our tender is offered taking due consideration of all factors regarding the local site conditions stated in this Detailed Notice Inviting Tender to complete the proposed construction as per drawings referred to above in all respects. I/We promise to abide by all the stipulations of the contract documents and carry out and complete the work to the satisfaction of the department. I/We also agree to procure tools and plants, at my/our cost required for the work. Signature of Tenderer Postal address of the Tenderer

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APPENDIX – B

BANK SOLVENCY CERTIFICATE

(Minimum 10% of estimated amount is required)

This is to certify that M/s._________________________________ is a reputed company with a good financial standing. If the contract for the work, namely__________________________________________________ ____________________________________________ is awarded to the above firm; we shall be able to provide overdraft/credit facilities to the extent of Rs.___________________ to meet their working capital requirements for executing the above contract during the contract period. (Signature) Name of the Bank Senior Bank Manager Address of the Bank

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APPENDIX – C

AFFIDAVIT (To be furnished in Non-Judicial Stamp paper of worth Rs. 10.00 appropriate value duly notarized) 1.) I, the undersigned, do hereby certify that all the statements made in the required attachments are true and correct. 2.) The undersigned also hereby certifies that neither our firm M/s_______________________ have abandoned any works on any State Public Works Department or similar Departments, National Highways in India nor any contract awarded to us for such works have been rescinded, during last five years prior to the date of this bid. 3.) The undersigned hereby authorizes and requests any bank, person, firm or corporation to furnish pertinent information deemed necessary and requested by the Department to verify this statement or regarding my (our) competence and general reputation. 4.) The undersigned understands and agrees that further qualifying information may be requested, and agrees to furnish any such information at the request of the Department / Project implementing agency. __________________________________ (Signed by Authorised Officer of the Firm) _________________________ Designation of the Officer ____________________________ Name of Firm ___________________ Date

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APPENDIX – D (Minimum amount of 15% of the estimated amount is required)

UNDERTAKING I, the undersigned do hereby undertake that our firm M/s_________________________________ ______________________________________________________ would invest minimum Cash up to ___________ of the value of the work during implementation of the Contract. __________________________________ (Signed by Authorised Officer of the Firm) ___________________________ Designation of the Officer ____________________________ Name of Firm ___________________ Date

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BANK GUARNTEE FOR PERFORMANCE GUARANTEE

INDIA NON JUDICIAL Rs. 100/-

BANK GUARANTEE NO . ………………………………………………..

AMOUNT Rs. ……………………………………………

EXPIRY DATE : …………………………

LAST DATE FOR LODGEMENT OF CLAIM ……………….

The Addl. Chief Engineer, CEP

Westinghouse Saxby Farmer Ltd. (WSFL)

Entally

Kolkata-700014.

Dear Sir,

In consideration to the Westinghouse Saxby Farmer Limited (hereinafter referred to as the “Purchaser” which

expression shall unless repugnant to the context of meaning thereof include its successors, administrators and

assigns) having awarded to …………………………………………. A company within the meaning of the Companies Act 1956

vides LOA CUM Work Order No. ………………………………………….. dated …………… hereinafter referred to as the

“Supplier” (which expression shall unless repugnant to the context by the entering into an Agreement with ‘Supplier’

under Ref No. ………………………………………….. dated ………………. And the same have been unequivocally accepted by the

supplier resulting in a contract for ………………………………………………………………….. and the supplier having agreed to

provide Performance Guarantee of the faithful performance of the entire contract equivalent to Rs. ……………….

(Rupees ……………………)to the purchaser.

We the ……………………. (Bank name & address) (hereinafter referred to as “the bank”) which expression shall unless

repugnant to the context of meaning thereof include its successors, administrators, executors and assigns do hereby

guarantee and undertake to pay the purchaser, on demand any and all monies payable by the supplier to the extent

of Rs. ……………… (Rupees …………………………………..) aforesaid any time up to Rs. …………………… (Rupees

………………………….) without any demur, reservation, context, recourse, or protest and / or without any reference to

the supplier. Any such demand made b y the purchaser on the Bank shall be convulsive and binding not withstanding

any difference between the purchaser and supplier or any dispute pending before any court, Tribunal, Arbitrator or

any other Authority. The Bank undertakes no to revoke this guarantee during its currency without previous consent

of the purchaser and further agrees that this guarantee herein contained shall continue to be enforceable within its

validity.

The purchaser shall have the fullest liberty without affecting in any way the liability of the Bank under this

guarantee, from time to time to extend the time for performance of Contract by the Supplier. The Purchaser shall

have the fullest liberty, without affecting this guarantee to postpone against the supplier, and to exercise any

covenants, contained or implied in the contract between the purchaser. The Bank shall not be released of its

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obligations under these presents by any exercise by the Purchaser of its liberty with reverence to the matters

aforesaid or any or by reason of any other act or for clearance or other acts of omission or commission on the part of

the purchaser or any other indulgence shown by the purchaser or by any other matter or think whatsoever which

under law would, but for this provision, have the effect of relieving the Bank.

The bank also agrees that the purchaser act this option shall be entitled to enforce this guarantee against the bank

as principle debtor, in the first instance without proceedings against the Supplier and notwithstanding any security

or other guarantee that the purchaser may have in and notwithstanding any security or other guarantee that the

purchaser may have in.

Notwithstanding anything contained herein:

a) Our liabilities under this bank guarantee shall not exceed Rs. ……………. (Rupees ………………. )

b) This Guarantee is valid up to ………………. And including a claim period of 3 months up to …………. Only, where

after it ceases to be in effect in all respects whether or not the original Bank Guarantee is returned to the

Bank; and

c) We are liable to pay the guaranteed amount or any part thereof under this bank guarantee only if serve

upon us a written claim or demand on or before …………………..

d) Thereafter the Bank shall stand discharges from all its liability under this Guarantee and all your rights under

this Guarantee shall stand forfeited and / or extinguished, irrespective of the fact whether the Guarantee in

original is returned back to us or not.

Place :

Date :

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BANK GUARNTEE FOR MOBILIZATION AVANCE

INDIA NON JUDICIAL Rs. 100/-

BANK GUARANTEE NO . ………………………………………………..

AMOUNT Rs. ……………………………………………

EXPIRY DATE : …………………………

LAST DATE FOR LODGEMENT OF CLAIM ……………….

The Addl. Chief Engineer, CEP

Westinghouse Saxby Farmer Ltd. (WSFL)

Entally

Kolkata-700014.

Dear Sir,

In consideration to the Westinghouse Saxby Farmer Limited having its head office at 17, Convent Road, Entally, Kolkata-700014

(hereinafter called WSFL which expression shall unless repugnant to the subject or context include its administrators, successors

and assigns) having agreed under the terms and conditions of the Contract Agreement No.

……………………………………………………………………….. dt. ………………. Made between ………………………………………… and having its

registered office at ………………………………………. And WSFL in connection with the work of …………………………………………….

(Hereinafter called “the said Contract”) to make at the request of the Contractor a lump-sum advance of Rs. ……………………..

(Rupees ……………………………………..) for utilizing it for the purpose of the Contract on his furnishing a guarantee acceptable to

WSFL. We the ……………………………………..(Bank name & address) (hereinafter referred to as “the said Bank”) and having our

registered office at …………………………………………. Do hereby guarantee the due recovery by WSFL of the said advance. If the said

contractor fails to utilize the said advance for the purpose of the Contract and / or the said advance is not fully recovered by

WSFL. We the ………………………………………… (Bank name & address) Bank hereby unconditionally and irrevocable undertake to pay

to WSFL on demand and without demur to the extent of the said sum Rs. ……………… (Rupees ……………………………….. )any claim

made by WSFL on us for the loss of damage caused to or suffered by WSFL by reason of not being able to recover in full the said

sum of Rs. …………………………. (Rupees …………………………………… )

2. We, the …………………. (Bank name & address), Bank further agreed that WSFL shall be the sole judge of and as to whether the

said contractor has not utilized the said advance or any part thereof for the purpose of the Contract and the extent of loss or

damage caused to or suffered by WSFL on account of the said advance not being recovered in full and the decision of WSFL that

the said Contractor has not utilized the said advance or any part thereof for the purpose of the Contract and as to the amount or

amounts loss or damage caused to or suffered by WSFL shall be final and binding on us.

3. We, the said Bank further agree that the Guarantee therein contained shall remain in full force and effect during the period

that would be taken for the performance of the said Contract and till the said advance has been fully recovered and its claims

satisfied or discharged and till the accepting Authority of the contract certifies that the said advance has been fully recovered

from the said contractor, and accordingly discharges this guarantee subject, however, that the WSFL shall have no claim under

this guarantee after ………………………… from the date of execution of this Guarantee, unless a notice of the claim under this

Guarantee has been served on the Bank before the expiry of the said period in which case the same shall be enforceable against

the Bank notwithstanding the fact, that the same is enforced after the expiry of the said period.

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4. WSFL shall have the fullest liberty without effecting in any way the liability of the Bank under this Guarantee or indemnify,

from time to time to vary any of the terms and conditions of the said Contract or the advance or to extend time of performance

by the said Contractor or to postpone for any time and from time to time any of the powers exercisable by it against the said

Contractor and either to enforce a forbear from enforcing any of the terms and conditions governing the said Contract or the

advance or securities available to WSFL and said Bank shall not be released from it liability under this presents be any exercise

by WSFL of the liberty with reference to the matters aforesaid or by reason of time being given to the said Contractor or any

other forbearance, act or omission on the part of WSFL or any indulgence by WSFL to the said Contractor or of any other matter

or think whatsoever which under the law relating to sureties would but for this provision have the effect of so releasing the Bank

from its such liability.

5. It shall not be necessary for WSFL to proceed against the Contractor before proceeding against the Bank and the Guarantee

herein contained shall be enforceable against the Bank notwithstanding any security which WSFL may have obtained or obtain

from the Contractor shall at the time when proceeding are taken against the Bank hereunder be outstanding or unrealized .

6. We, the said Bank lastly undertake not to revoke this Guarantee during its currency except with the previous consent of WSFL

in writing and agree that any change in the Constitution of the said Contractor or the said Bank shall not discharge our liability

hereunder.

Notwithstanding anything contain hereinbefore –

The Bank’s liability under this guarantee shall not exceed Rs. …………….. (Rupees …………………..)

� The guarantee shall be valid up to ………………..

� We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if you serve

upon us a written claim or demand on or before ……………….

� Therefore the Bank shall stand discharged from all its liability under this Guarantee and all your rights under this

Guarantee shall stand extinguished, irrespective of the fact whether the Guarantee in original is returned back to us or

not.

Dated :

Place :