Professional Documents
Culture Documents
Part A
Indiabulls Power Limited. (IPL/Owner) is developing 5x270 MW Amravati Thermal Power Project
(Project) in the State of Maharashtra. Sealed Bids are invited from eligible Bidders for execution
of Railway Siding Civil Construction Works. Bid documents can be obtained from 09:00 hrs of
date 05.04.2010 up to 17:30 hrs of date 26.04.2010 from the office of the under mentioned
The Bid documents can also be downloaded from our website: www.indiabulls.com and
submitted up to 13.00 hrs of 29.04.2010.
INSTRUCTIONS TO BIDDERS
CONTENT
SL. NO. DESCRIPTION PAGE NO.
1. INTRODUCTION 4
2. GENERAL INSTRUCTONS 4
3. SUBMISSION OF BID 4
5. BID DOCUMENTS 5
7. PRE-BID DISCUSSION 6
9. VALIDITY OF BID 7
INSTRUCTIONS TO BIDDERS
1 Introduction
Indiabulls Power Limited. (Owner) invites sealed Bids from the eligible Bidders for
execution of Railway Siding Civil Construction Works.
1.1 The Owner reserves the right to split the scope of work and award the contract(s) to
one or more Bidder(s) on the basis of least evaluated cost to it. It also reserves the
right to split the scope of work into supply and services, as per its discretion.
1.2 All Capitalised words and expressions used in these Instructions to Bidder but not
defined herein shall have the meaning as ascribed to them in the GCC.
2 General Instructions
2.1 It will be imperative for each Bidder to fully inform himself of all local conditions and
factors which may have any effect on the execution of the Works/Facilities covered
under these documents and specifications. It is deemed that the Bidder has visited
the site and obtained all relevant details.
2.2 It is understood and agreed that all necessary factors have properly been understood
and considered by the Bidder while submitting the Bid. No claim whatsoever
including those for financial adjustment or time schedule to the Contract awarded
will be entertained by the Owner, which are based on the lack of such clear
information or its effect on the cost of the works to the Bidder.
2.3 The laws, rules and regulations of the Government (Central as well as State) and all
Government Authorities in India, having jurisdiction over the work shall govern the
work of this Contract with the same force and effect as if incorporated in full into the
Contract Documents. Where such laws, rules and regulations conflict with the
Contract Documents, the more stringent requirements as interpreted by the Owner
or his authorized representative shall govern. Should such conflict require changes in
the Contract Documents, the Contractor shall promptly notify the Owner.
2.4 The Bidder shall be deemed to have carefully examined this instruction to Bidder,
General Conditions of Contract, Special Conditions of Contract, Technical
Specifications, Schedules, Drawings and any other document and also to have
satisfied himself as to the nature and character of the works to be executed and,
where necessary to the Site conditions and other relevant matter/details.
3 Submission of Bid
3.2 The Lead Member shall be authorized by consortium members through a Power of
Attorney in favour of Lead member to perform all tasks including, but not limited to
providing information, responding to queries and signing/submission of Bid to
Purchaser
3.3 The Bidder should designate and authorize one person to represent in its dealings
with the Purchaser by a Power of Attorney and a Board Resolution issued in favour of
the authorized representative. In case of Bid by a consortium, the Lead Member
should designate one person to represent the consortium in its dealings with the
Purchaser. The person designated by the Lead Member should be authorized through
a Power of Attorney to perform all tasks including, but not limited to providing
information, responding to queries and signing of Bid on behalf of the Consortium,
etc. The Power of Attorney and the Board Resolution authorizing the issue of the
Power of Attorney must be issued by both the consortium members.
The Bidder must fulfill the following technical and financial Criteria:
Technical Criteria
The Bidder should have done the following during last five years:
1. One single work involving construction of Railway Siding/ New line / Doubling of
not less than 10 km length.
2. Construction of PSC Girder Bridges
Financial Criteria
Annual turn over of the Bidder should not be less than Rs 80 Cr.
Net worth of the Bidder should not be less than Rs 10 Cr
5 Bid Documents
Part A: NIT
Instructions to Bidders
Forms and Schedule
Part C: Technical
Technical Specifications
Schedule of Quantities & Bid Drawings
5.2 The technical specifications of the Works are as specified in PART C of the Bid
document (Technical Specifications). The drawings which are included in the
documents are basic drawings meant for bidding purposes only. These are meant to
show the work to be carried out in accordance with the Contract in sufficient detail
for the Contractor to fully plan his activities. Bidders shall state in deviation schedules
of particular information any proposed departures from the drawings and the effect
of these departures.
5.3 Those Bidders who intend to download the Bid document must intimate the Bid
Issuing Officer about its downloading. The Bid Issuing Officer shall intimate the
Bidder for any alteration in the Bid documents including issuing of any Corrigendum
thereto. The downloaded Bid documents shall be valid for participating in the Bid
process.
5.4 The system facilitates the Bidder to download and use the Bid documents for the
purpose of submitting the Bids. However it will be the responsibility of Bidders to
ensure the use of complete Bid documents available on website www.indiabulls.com.
5.5 The Bidder should ensure that all pages in the downloaded bid are legible and clear
and are printed on a good quality paper.
5.6 The schedule of Quantity and special Conditions of Contract stipulates that Owner
shall supply Cement, Rebar, Structural Steel, 52 kg rails and PSC Mainline sleepers as
Free Issue Material (FIM). As an option, bidders may also submit the bid considering
the free issue material in their scope.
ii) Price Bid with FIM in Bidder’s scope. It is just an option and not mandatory.
6.1 At any time prior to the deadline for submission of Bids, Owner may, for any reason,
modify the Bid documents by issue of an addendum.
6.2 The addendum will be uploaded on Owner’s site and sent in writing or by cable or
facsimile to all prospective Bidders who have purchased the Bid documents and will
be binding upon them. Prospective Bidders shall promptly acknowledge same by
cable, or facsimile to Owner.
6.3 In order to provide the prospective Bidders reasonable time to take the addendum
into account in preparing their Bids, Owner may, at its discretion, extend the
deadline for the submission of Bids as stated above.
7 Pre-bid Discussions
7.1 To clarify the queries of the Bidders, the Owner if required may schedule a Pre-bid
conference at the place and date to be intimated later on.
8.1 The Bidder must bear all cost associated with the preparation and submission of its
Bid. The Owner, in no case, will be responsible or liable for those cost regardless of
the conduct or outcome of the biding process.
9 Validity of Bid
9.1 The Bid submitted shall be deemed to constitute an offer between the Bidder and
Owner whereby such Bid shall remain open for acceptance by Owner for a period of
3 (three) months from the date of submission of the Bid, during which period
the Bidder shall not withdraw his Bid or amend, impair or derogate there from. The
validity of prices for mandatory and recommended spares shall be kept open for a
period not less than 3 (three) years after the date of issue of Letter of Award.
9.2 Notwithstanding above, Owner may require the Bidder to extend the validity period
of his Bid, as required. The request and response thereto shall be made in writing.
If the Bidder agrees to such extension request, the validity of Bid-guarantee shall
also be suitably extended by him. A Bidder accepting the request will not be
required or permitted to modify the Bid or the prices.
10.1 Each Bid shall be accompanied by Earnest Money Deposit (EMD) of Rs 25,00,000
(Rupees Twenty Five Lacs only) in the form of Bank Guarantee/ Demand Draft or
fixed deposit receipt pledged in favour of the Owner. The EMD shall be submitted in
a separate envelope super-scribed as EMD.
10.2 The Bank Guarantee towards EMD shall be issued from a Scheduled /Nationalized
Bank (except co-operative banks) in India or a branch of an International bank to be
accepted by the Owner situated in India and registered with the Reserve Bank of
India as scheduled foreign bank, drawn in favour of Indiabulls Power Limited.,
Gurgaon.
10.3 EMD shall remain valid for a period of 30 (thirty) days beyond the original bid validity
period, and beyond any extension subsequently requested.
10.4 After evaluation of Bids, EMD of unsuccessful Bidders shall be returned. EMD of the
successful Bidder may be adjusted against the retention money/ performance
guarantee. Any Bid without EMD shall not be treated as valid and is liable for
rejection.
10.5 In case the Bidder (i) withdraws his offer after acceptance or (ii) fails to furnish the
performance security iii) withdraws/amends his offer during its Validity Period or (iii)
acts in violation of the terms and conditions of the Bid documents; the EMD so
submitted shall be forfeited.
11 Preparation of Bid
11.1 Before submission of the Bid, the Bidders are requested to make themselves fully
conversant with the Bid documents, site conditions, local conditions and other
relevant information so that no ambiguity may arise in these respects subsequent to
the submission of the Bid.
11.2 Bids must be submitted in the attached prescribed forms and/or copies thereof. The
schedules shall be filled in, item for item, in accordance with the instructions and
notes supplementary thereto.
11.3 The Bidders shall submit the technical data sheets for all the plant & equipments
covered under the scope. In addition, a set of technical and illustrative literature
must accompany each copy of the Bid explaining clearly and definitely the Plant and
Equipment offered and the works to be executed under the Bid documents.
11.4 Should there be any discrepancy or any doubt or obscurity regarding the meaning of
any of the clauses of the Bid documents or instructions contained therein, the Bidder
must set forth in writing such discrepancy, doubt or obscurity, and submit the same
to the Bid Issuing Officer as soon as possible, but not later than 15 (fifteen) days
before the date fixed for Bid Submission.
11.5 Each Bidder shall submit its Bid in Quadruplicate together with the
schedules/annexure/formats duly filled in by ink or by typing, with the price rates
and amount and giving all the information and particulars asked for. Each copy of the
Bid shall be complete in all respects.
11.6 The Bid prepared by the Bidder and all correspondence and documents relating to
the Bid exchanged between the Bidder and Owner shall be in the English. The rates
should be filled in figures as well as words. No erasers or overwriting is permissible.
All corrections must be initialed by the authorized representative of the Bidder.
11.7 Canvassing in any form is strictly prohibited and any Bidder found to have resorted
to canvassing shall be liable to have his Bid rejected summarily.
11.8 If the Bidder deliberately gives any wrong information in its Bid to create
circumstances for the acceptance of its Bid, The Owner reserves the right to reject
such Bid.
11.10 The Bid submitted by a Bidder shall become the property of Owner and the Owner
shall have no obligation to return the same to the Bidder.
11.11 Conditional bids shall not be accepted even though the rates quoted are the lowest.
11.12 The Bid shall be typed or written in indelible ink and shall be signed by the
authorized representative of the Bidder. The Bidder should ensure that every page of
the Bid including the downloaded Bid documents is signed by the authorised
representative of the Bidder with stamp (seal).
11.13 In the event of the Bid being submitted by a consortium, it must be signed and
stamped by the authorized signatory of the consortium and must be stamped
(sealed) by the Lead Member.
11.14 The Bid documents must be submitted as they are issued, without any alterations of
form, additions, conditions or assumptions not called for, conditional bids, incomplete
pricing of Bills of Quantities, erasures or irregularities of any kind, failing which Bid
may be rejected.
11.15 The complete Bid shall be without alterations, interlineations or erasures, except
those to accord with instructions issued by the Owner, or as necessary to correct
errors made by the Bidder, in which case such corrections shall be initialed by the
person signing the Bid.
11.16 Any Bid which is incomplete, obscure or irregular or only for a part of the schedule, is
liable to rejection.
12.2 PART-1 in a separate sealed envelope should contain EMD, all documents related to
Eligibility Criteria The envelope should be super scripted as ‘Non Financial Bid’
12.3 PART-2 should contain the price bid and the envelope should be superscribed, as
‘Financial Bid’. The price bid shall indicate the rates and actual quantum of taxes
considered to arrive at the Contract Price (separately for goods and services) in a
format specified. Failure to do so would lead to immediate rejection of the Bid.
12.4 Part-I and Part-II shall be individually sealed and super scribed as indicated above
and should be enclosed in the main cover duly sealed and super scribed with name
of Bidder, Bid No., Package No. and Due date & time of opening.
12.5 The completed Bid in 1 (one ) original and 3 (three) copies with all its
accompaniments must be enclosed in a sealed box and delivered in person or sent
by Registered Post or Courier to the Bid Issuing Officer unless otherwise instructed to
the contrary, to reach on or before the date and hour fixed for receiving the Bid.
12.6 Price bids received in open condition and through fax and/or email shall be rejected.
12.7 In the event of any discrepancy between the original and the copies, the original
shall govern.
12.8 If the envelope is not sealed and marked as instructed above, the Owner assumes no
responsibility for its misplacement or premature opening of contents of the Bids.
12.9 No Bidder is entitled to legally proceed against the Owner or claim any compensation
in this regard.
12.10 The Bid may be submitted by registered post/speed post/courier or in person. Bids
submitted in any other modes shall not be accepted. Owner shall not be responsible
for any kind of postal delay or non-delivery of documents sent either by the Bidder.
Any Bid received after prescribed deadline shall not be opened.
13.1 The Bidder may modify or withdraw its Bid after Bid submission, provided that the
modification or notice of withdrawal is received in writing by the Owner prior to the
prescribed deadline for submission of Bids.
13.2 The Bidder’s modification or notice of withdrawal shall be prepared, sealed, marked
and dispatched in accordance with the provisions for the submission of Bids. A notice
of withdrawal may also be sent by fax, telex or e-mail but shall be followed by a
signed confirmation copy, postmarked not later than the deadline for submission of
Bids. If the envelope is not sealed and marked as instructed above, the Owner
assumes no responsibility for its misplacement or premature opening of contents of
the Bids and no Bidder is entitled to legally proceed against the Owner or claim any
compensation in this regard.
13.3 No Bid can be modified subsequent to the deadline for submission of Bids and shall
be treated as non-responsive and be rejected. No Bid may be withdrawn in the
interval between the deadline for the submission of bids and the expiration of the Bid
Validity Period specified herein.
14 Opening of Bids
15.1 The Bids shall be opened on the appointed date in the manner described hereunder:
Non Financial Bid will be opened first, on the date, time and place as specified in the
Bid in presence of those Bidders who wish to attend. If the amount and mode of
EMD submitted, satisfy the requirements of Owner then the Bids will be considered
for further assessing of Eligibility Criteria. The Bidder meeting the eligibility criteria
shall be considered as technically qualified.
15.2 Financial Bid containing price bid of the technically qualified Bidders will be opened
at a later date with prior intimation only to those Bidders whose Bids are being
considered.
15.1 The Charges for civil works shall include rates and prices for all labour, Contractor's
equipment, temporary works, materials, consumables and all matters and things of
whatsoever nature, provision of operations and maintenance manuals, etc. wherever
identified in the Bidding Documents as necessary for the proper execution of all
installation services except those priced in other Schedules. The expatriate
supervision charges, wherever applicable, shall be included in the charges for
respective services.
15.2 Service Tax, VAT, CST and other taxes as applicable at prevailing rate as on date of
Bid shall be shown separately.
15.3 Price shall be quoted by the Bidder (foreign or Indian) in either of the following
currencies (a) US Dollar, (b) EURO, (c) Indian Rupees.
15.4 However, the component of the quoted price which the Bidder expects to spend in
India shall invariably be stated in Indian Rupees. In case of foreign currency, any
conversion charge which may be incurred at the time of payment shall be borne by
the concerned Bidder.
16.1 The Bidder shall comply with all workmanship, materials and components specified in
the Bid documents during execution of the Contract.
16.2 Unless otherwise specified, the Indian Standard or Code of Practice as applicable on
the date of invitation to Bid or, if an Indian Standard/Code is not available, the
applicable British or American Standard or Code of Practice or standard code
nominated Bid documents will be applicable; or
16.4 If the Bid documents supplied by the Owner do not contain particulars of materials
and work which are necessary for the proper completion of the Works, and the
intention to include, which is nevertheless reasonably to be inferred, all such
materials and work shall be supplied and executed by the Bidder. The Owner will
furnish with reasonable expedition, after receiving a request in writing therefore,
such details as are necessary.
17 Additional Information
17.1 The Owner does not guarantee the correctness of interpretations, deductions or
conclusions which are given as additional information to the Bid documents or in any
reports, maps, drawings, diagrams or in other reference information available to the
Bidder from the Owner or otherwise. The statements of fact contained in the
additional information have been produced as found, communicated to, ascertained
or otherwise learned by the Owner.
18 Evaluation of Bid
18.1 The Bids received and accepted will be evaluated by the Owner commercially and
technically so as to make a selection in the best interest of Owner for the complete
Work covered under this Bid Documents.
a) Step-1
The Earnest Money Deposit (Bid Guarantee) shall conform to the
requirements set forth in this instruction to Bidders with respect of the
amount and mode. A Bid will be rejected outright if Bid Guarantee does not
satisfy the requirements as stated above.
b) Step-2
Qualification documents of the Bidders shall be checked.
c) Step-3
Detailed technical evaluation of only qualified Bidders will be done.
d) Step-4
Price Bid of only technically acceptable Bids will be opened. The date of
which will be intimated to the Bidders at an appropriate time.
19 Clarifications on Bids
19.1 During Bid evaluation, the Owner may, at its discretion, ask the Bidder for a
clarification of its bid. The request for clarification and the response shall be in
writing, and no change in the price or substance of the Bid shall be sought, offered
or permitted.
19.2 In case of Bidder fails to submit the replies for the clarifications or not entertaining
the clarifications, the Bid of same may be considered as non-responsive.
20.1 To facilitate evaluation and comparison, the Owner will convert all Bid Prices to
Indian Rupees at the B.C. selling exchange rate established by the Reserve Bank of
India for similar transaction on the date of 14 (fourteen) days prior to opening of
Price Bids.
21 Award of Contract
21.1 The Bids received and accepted will be evaluated by Owner according to the
procedure detailed in the relevant clauses of this section. The acceptance of a Bid
and award of Contract to one or more than one Bidder, if considered necessary,
rests with Owner. It shall not be obligatory on the part of Owner to accept the
lowest Bid.
21.2 Owner would be at liberty to accept any Bid, lowest or otherwise, in whole or in part
and to reject any or all the Bids received, without assigning any reason, and no
explanation can be demanded from any Bidder in respect thereto.
22 Rejection of Bids
22.1 The submission of any Bid in response to this Bid Documents shall constitute an
agreement that the Bidder will have no cause of action or, claim against Owner for
rejection of his Bid. Owner will always be at liberty to reject or accept any Bid or,
Bids at his sole discretion and any such actions will not be called into question and
the Bidder shall have no claim in this regard against Owner.
23 Signing of Contract
23.1 After the Owner notifies the successful Bidder that its Bid has been accepted, the
Owner and the selected Bidder shall sign the Contract for the Facilities/Works in the
form and manner as provided by the Owner.
b) Any effort by the Bidder to influence the IPL in the process of examination,
clarifications, evaluation and comparison of bids and decisions concerning award of
contract may result in the rejection of the Bid
24.1 To assist in the examination, evaluation and comparison of bids, the IPL may ask the
Bidders individually for clarification of their bids, including breakdowns of unit prices.
The request for clarification and the response shall be in writing or fax, cable or
telex, but no change in the price or substance of the Bid shall be sought, offered or
permitted except as required to confirm the correction of arithmetical errors
discovered by the IPL during the evaluation of the bids.
Schedule A
Schedule ‘B’
SN Name of Client Details Scheduled Actual Value of Value of Total Year of start Ref with
Project of Work Period of Period awarded Free Issue and contact
Work of work work Material completion details
1 2 3 4 5 6 7 8 9
A. One single work involving construction of Railway Siding/New Line/Doubling work of not less than 10 km
length.
Designation
Date
Schedule ‘’C’
(All deviations from the “Technical specification” shall be filled in clause by clause, in this
schedule. Compliance with the Specification will be taken as granted if the deviations are not
specifically mentioned in this schedule. In case there are no deviation(s) the “NIL” information
should be furnished. In case the Bidder is required to agree to the standard clause then he may
indicate the amount in Bid by which the Bid price will there by be increased or decreased.)
Sl. No. Page No. Clause No. & stipulation in Bid Deviation
Specification
1 2 3 4
The Bidder hereby certified that the above mentioned are the only deviations from the “technical
Specification”
Designation
Date
Schedule ‘D’
(All deviations from the “Instructions to Bidders” shall be filled in clause by clause, in this
schedule. Compliance with the Specification will be taken as granted if the deviations are not
specifically mentioned in this schedule. In case there are no deviation(s) the “NIL” information
should be furnished. In case the Bidder is required to agree to the standard clause then he may
indicate the amount in Bid by which the Bid price will there by be increased or decreased.)
The Bidder hereby certified that the above mentioned are the only deviations from the
“Instructions to Bidders”
Designation
Date
Schedule ‘E’
(All deviations from the “General Conditions of Contract” shall be filled in clause by clause, in this
schedule. Compliance with the GCC will be taken as granted if the deviations are not specifically
mentioned in this schedule. In case there are no deviation(s) the “NIL” information should be
furnished. In case the Bidder is required to agree to the standard clause then he may indicate the
amount in Bid by which the Bid price will there by be increased or decreased.
Pl note the that the formats for Bank Guarantees have been provided under this sub-section)
The Bidder hereby certify that the above mentioned are the only deviations from the “General
Conditions of Contract”
Designation
Date
Schedule ‘F’
(All deviations from the “Special Condition of Contract” shall be filled in clause by clause, in this
schedule. Compliance with the Specification will be taken as granted if the deviations are not
specifically mentioned in this schedule. In case there are no deviation(s) the “NIL” information
should be furnished. In case the Bidder is required to agree to the standard clause then he may
indicate the amount in schedule by which the Bid price will there by be increased or decreased.)
The Bidder hereby certify that the above mentioned are the only deviations from the “Special
Conditions of Contract.
Designation
Date
Schedule ‘G’
Consortium Agreement
By and Between
------------------------, a company incorporated under the laws of India and having its
registered office at ------------------------------------ (hereinafter called the “Lead Consortium
Member”, which expression shall include its successors, executors and permitted assigns) of
the First Part;
And ----------------------------, a company incorporated under the laws of India and having its
registered office at -------------------------------------------------------- (hereinafter called the
“Consortium Member”, which expression shall include its successors, executors and permitted
assigns) of the Second Part.
(Lead Consortium Member and Consortium Member shall hereinafter be collectively referred to as
the “Members” and individually as the “Member”, as the context may require)
Whereas Indiabulls Power Limited. (hereinafter referred to as “IPL”) has invited bids for
Railway Siding -Civil Works for development of 5X 270 MW Amaravati Thermal Power Plant, in
the State of Maharastra. (hereinafter referred to as “Project”);
And Whereas the Members have agreed to enter into this Agreement to form a consortium to
submit their Bid with the IPL in relation to the Railway Siding-Civil Works for the Project
(hereinafter referred to as “Consortium”).
And Whereas the Members wish to record herein their terms and conditions governing their
mutual cooperation to coordinate their efforts for the aforesaid purposes and record their broad
understanding in this Agreement.
1. Purpose
The Members have entered into this Agreement to form the Consortium and to submit their
Bid with the IPL in relation to the Railway Siding-Civil Works (hereinafter referred to as
“Works”) for the Project and execute the Work as per the terms and conditions,
specifications and other obligations to be agreed with IPL.
2. Lead Member
Lead Consortium Member shall be the lead member of the Consortium for all intents and
purpose and, on award of the Project to the Consortium by IPL, shall, on behalf of the
Consortium:
2.1 be authorised for all or any of the acts, deeds or things necessary or incidental for
submission of the offer, responding to queries and submission of
information/documents.
2.2 execute and implement the Work as per the terms and conditions, specifications, and
other obligations as per the Agreement with IPL.
2.3 represent the Consortium in its dealing with the IPL and receive instructions for and on
behalf of any or all Members of Consortium.
2.4 shall furnish the Earnest Money Deposit in favour of IPL, as stipulated in the Bid
Documents.
2.5 shall be fully responsible for the accuracy and veracity of the representations and
information submitted by the Consortium respectively from time to time for the
purposes of the Contract.
2.5.1 There shall no change in the constitution, management, shareholding pattern in case
of Consortium of limited companies.
4. Authorized Signatory
Lead Consortium Member shall nominate any other Member of the Consortium to be the
authorised representative in its dealing with IPL and to perform all tasks including but not
limited to providing information, responding to enquiries, signing of Bid, etc.
5.1 It has the full legal right, power and authority required to enter into, execute and
deliver this Agreement and this Agreement constitutes the legal, valid and binding
obligations of such Member, enforceable in accordance with its terms.
5.2 Neither the execution and delivery of this Agreement nor the consummation of the
transactions contemplated hereunder will violate any applicable laws or regulations and
do not conflict with or result in any breach of any contract, agreement or other
obligation to which such Member is a party or for which it may be bound.
5.3. It is fully aware of the terms and conditions of the Bid Document issued by IPL in
relation to the Contract and it fulfills the requirements laid down by the said document.
6. Liability
Each Member undertakes to be individually liable for the performance of its part of the
obligations without in any way limiting the scope of collective liability envisaged in this
Agreement.
7 Term
6.1 This Agreement shall remain valid and binding from the date of its execution till the
validity of the Contract Period .
6.2 This Agreement shall automatically stand terminated if the Award of Contract(s) is not
granted by IPL to the Consortium.
8 Dispute Resolution
If any question, issue, difference or dispute arises between the Members as to the
interpretation of this Agreement or as to the duties or liabilities of either Member
hereunder or as to any matter or thing arising out of or under this Agreement, the same
shall be referred to and settled Arbitration. The Arbitration proceedings shall be conducted
at New Delhi, India in accordance with the Indian Laws (both Substantive and Procedural)
under the Arbitration and Conciliation Act, 1996 as amended and re-enacted from time to
time and the Award so made shall be final and binding on both the Members.
9 Governing Laws
The courts at New Delhi, India shall have exclusive Jurisdiction to determine any question,
issue, dispute or claim between the members including any application to be made under
the Arbitration and Conciliation Act, 1996 as amended and re-enacted from time to time.
10 Notice
All notices, reports, or other correspondence which may or must be given under this
Agreement shall be sent by courier, registered mail, return receipt requested, at the
address first mentioned above.
11 Amendments
This Agreement sets forth the entire understanding of the Members hereto with respect to
the subject matter hereof and may not be amended or modified except in writing signed by
each of the Members.
All capitalized words and expressions used in this Agreement but not defined herein shall
have the same meaning as ascribed to them in the Bid Documents.
In Witness Whereof, the Members to the Agreement have, through their authorized
representatives, executed these present on the day, month and year first mentioned above.
For
(Lead Consortium Member)
1.
Name :
Designation:
2. For
(Consortium Member)
Signature
Name:
Designation :
Dated :
To
Dear Sirs,
Indiabulls Power Limited (‘Owner’) in accordance with Notice Inviting Tender for
……………………………………………………… under Bid No.-- (To be inserted), ……………………… (Name
& full address of the firm) (hereinafter called the Bidder) hereby submit the Bank Guarantee to
participate in the said tender.
It is a condition in the Bid Documents that the Bidder has to deposit Earnest Money (‘EMD’)
amounting to Rs.……………………../- (Rupees ………………… Lac) only in respect to the Bid,
with the Owner by a Bank Guarantee from a Scheduled Bank irrevocable and operative till
validity of the offer (i.e. 120 (one hundred and twenty) days from the date of opening of Bid)
for the like amount which is likely to be forfeited on the happening of contingencies mentioned in
the tender documents.
And whereas the Bidder desires to secure exemption from deposit of Earnest Money and has
offered to furnish a Bank Guarantee for a sum of Rs. ………………../- (Rupees ………………… Lac)
only (hereinafter referred to as “Guarantee”) to the Owner as Earnest Money.
The Bidder has approached ………………. Bank (hereinafter referred to as "Guarantor") for
issuance of the EMD and at the Bidder’s request the Guarantor has agreed to provide the
unconditional, unequivocal and irrevocable EMD on first demand in writing without reference to
the Bidder in favour of the Owner of Rs. ………………./- (Rupees ………………….. Lakh only) under
the said Contract.
The Guarantor undertakes not to revoke Guarantee during its currency without consent of the
Owner and further agrees that the Guarantee herein contained shall continue to be enforceable
till the Owner discharges Guarantee. However our liability under this Guarantee is restricted to Rs
………………/- and valid upto 120 (one hundred and twenty) days from date of Bid (i.e. date………)
and shall be extended at the request of Bidder till such time as mutually agreed between the
Owner and the Bidder.
The Guarantor further unconditionally agrees with the Owner that the Owner shall be at liberty,
without the Guarantor’s consent and without affecting in any manner the Guarantor’s obligation
under this Guarantee, from time to time, to:
(i) vary and/or modify or waive any of the terms and conditions of the tender or alter the extent
or nature of works to be provided by the Bidder,
(ii) extend and/or postpone the time for performance of the obligations of the Bidders under the
tender, or
(iii) exercise forbearance, grant indulgence or time or enforce any of the rights exercisable by the
Owner against the Bidder under the terms and conditions of the tender;
This Guarantee shall not be discharged due to the change in the constitution of the Bank or the
Bidder and the Guarantor shall not be relieved from its liability by reason of any such act or
omission specified above on the part of the Owner or any indulgence or forbearance by the
Owner to the Bidder but for this provision, have the effect of relieving the Guarantor of its
obligations under this Guarantee.
The Guarantor further confirms that its liability under this Guarantee shall not be discharged,
impaired or affected by reason of:
(a) any defect in the obligations of the Bidder under the tender; or
(b) any legal limitation, disability or incapacity or other circumstances relating to the Bidder; or
(c) any other matter or in circumstances whereby but for this provision we would or might be
discharged from liability under this Guarantee.
We, the Guarantor, further agree that the Owner shall be the sole judge of as to whether the
Earnest Money required to be deposited by the Bidder in respect of the said Bid Document and
the decision of the Owner that the Bidder has committed such breach or breaches and as to the
amount or amounts of loss, damage, costs, charges and expenses caused to or suffered by or
that may be caused to or suffered by the Owner shall be final and binding on us.
We, the Guarantor further agree that the Guarantee herein contained shall remain in full force
and effect until it is released by the Owner and it is further declared that it shall not be necessary
for the Owner to proceed against the Bidder before proceeding against the Guarantor and the
Guarantee herein contained shall be invoked against the Bank, notwithstanding any security
which the Owner may have obtained or shall be obtained from the Bidder at any time when
proceedings are taken against the Bank for whatever amount that may be outstanding or
unrealized under the Guarantee.
The Guarantor further unconditionally agrees with the Owner that any payment made under
Guarantee shall be made free and clear of and without deduction for, or on account of, any
present or future taxes, levies, imposts, duties, charges, fees, commissions, deductions,
withholdings of any nature whatsoever and by whomsoever imposed; and where any withholding
on a payment is required by law, the Guarantor shall comply with such withholding obligations
and shall pay such additional amount in respect of such payment such that the Owner receives
the full amount due hereunder as if no such withholding had occurred.
The Guarantee herein contained shall be a continuing Guarantee upto 120 (one hundred and
twenty) days from date of Bid (i.e. upto date -----) and shall be extended at the request of Bidder
till such time as mutually agreed between the Owner and the Bidder and shall not be affected
by any change in the constitution or control of the Bank or of the Bidder. The Owner may at its
discretion and without any further consent from the Guarantor and without affecting the liability
of the Guarantor, vary or give up such security or make any other arrangements with the Bidder
or any other person and nothing done or omitted to be done by the Owner in pursuance of any
authority contained in this Guarantee shall affect or discharge the liability of the Guarantor under
this Guarantee. This Guarantee shall remain in force notwithstanding any intermediate settlement
of account or payment.
The Guarantee payment shall be made forthwith on demand without any demur or protest. Any
such demand, notice or communication shall be deemed to have been duly served:
(i) If delivered by hand, when left at the proper address for service;
(ii) If given or made by pre-paid registered post or facsimile transmission, when received.
This Guarantee shall be governed by and construed in accordance with laws of India and the
Bidder agrees to submit to the exclusive jurisdiction of the competent courts in New Delhi, India
for the purposes of settling any disputes or differences which may arise out of or in connection
with this Guarantee and for the purpose of enforcement under this Guarantee.
The right of the Owner to recover the said amount of Rs. ………………/- (Rupees …………….. lac)
only from the Guarantor in manner aforesaid will not be precluded/ affected, even if, disputes
have been raised by the ……….………………(Bidder) and/ or dispute or disputes are pending before
any authority, officer, tribunal, arbitrator(s) etc.
Our guarantee shall remain in force upto (To be inserted) with an additional claim period of 1
(one) month after the aforesaid date i.e. on or before (to be inserted).
The Guarantor have power to issue this Guarantee in the Owner’s favour under Memorandum
and Article of Association and the undersigned has full powers to do so under the Power of
Attorney/Resolution of the Board of Directors dated ________accorded to him by the Bank.
Date …………………
Place …………………
Unit
Item no Description of item Unit Qty Amount
rate