Tender Notice for COnstruction of ACR to MPS at MPPS Malialingupuram of Nandigam Mandal (2nd Call) in SRIKAKULAM, ANDHRA PRADESH

Contractors Registration GST PAN Latest Saral Experiance SMD DD / online Payment Tender Processing Fees

? Eligibility of contractor/bidder ? EMD and tender/proceeding fee ? Contractor registration, GST, PAN and IT returns ? Agreement and security deposit ? Quoted percentage/rates and BOQ conditions ? Work completion period ? Quality of materials and workmanship ? Execution strictly according to technically sanctioned estimate/specifications ? Measurement and M-Book recording ? Bills/payment conditions ? Taxes, royalties and statutory deductions ? No deviation/additional work without written approval ? Site safety and labour safety ? Defect liability/rectification ? Delay, penalty and termination clauses ? Department's right to reject bids ? Photographic/GPS evidence and documentation ? SMC/Engineering officials' supervision ? Applicable APSS/Civil Works codal provisions

1. Scope of Work The contractor shall execute the work strictly in accordance with the approved administrative sanction, technically sanctioned estimate, drawings, specifications, Bill of Quantities (BOQ) and instructions issued by the competent Engineering Authorities. No deviation, alteration or additional work shall be undertaken without prior written approval of the competent authority. 2. Acceptance of Tender Conditions Submission of the tender shall be deemed to constitute unconditional acceptance by the bidder of all the terms, conditions, specifications and requirements contained in the Tender Notice, BOQ, agreement and connected documents. 3. Eligibility and Documents The bidder shall possess valid registration, PAN, GST registration and such other licences, registrations, experience certificates and statutory documents as prescribed in the tender notification. Submission of false, fabricated, misleading or suppressed information shall render the bid liable for rejection and may result in termination of contract and other action permissible under law. 4. Validity of Rates The rates quoted by the contractor shall remain firm for the period specified in the tender/agreement. No claim for enhancement of rates on account of increase in cost of materials, labour, transportation, taxes or any other reason shall be entertained except where specifically permissible under the applicable rules or contract. 5. Execution as per Specifications The contractor shall execute the work strictly according to the technically sanctioned estimate, approved specifications, drawings, relevant APSS/Civil Works Codal provisions and directions of the competent Engineer. Materials and workmanship shall conform to the prescribed standards and specifications. 6. Quality of Materials All materials used in the work shall be of approved quality and conform to applicable BIS/ISI standards wherever prescribed. The Engineer-in-Charge shall have the right to inspect, test and reject any material or work not conforming to the required specifications. Rejected materials shall be removed from the work site by the contractor at his/her own cost. 7. Inspection and Supervision The work shall be open for inspection at all times by the competent officers of the School Education Department, Samagra Shiksha, Engineering Wing and other authorities authorized by the Government. The contractor shall provide all necessary cooperation, records and access required for such inspection. 8. Measurement of Work Payment shall be made only for the quantities actually executed and duly measured and recorded in the Measurement Book/authorized measurement system by the competent Engineering Authority. Mere inclusion of a quantity in the BOQ or estimate shall not confer any right on the contractor to claim payment unless the work is actually executed, measured and accepted. 9. Payment Payment shall be subject to: (a) satisfactory execution of the work; (b) recording and check-measurement of quantities wherever prescribed; (c) certification by the competent Engineering Authority; (d) availability/release of funds; (e) submission of valid bills and supporting documents; and (f) statutory deductions applicable from time to time. No advance payment shall be admissible unless specifically authorized under the applicable Government/Samagra Shiksha orders. 10. Taxes and Statutory Deductions GST, Income Tax, labour cess, seigniorage charges, royalties and all other statutory taxes, duties, levies and deductions, wherever applicable, shall be dealt with in accordance with the laws/rules/orders in force. The contractor shall be responsible for compliance with all applicable statutory obligations. 11. Completion Period The contractor shall commence the work immediately after issue of the Work Order/Agreement and shall complete the work within the stipulated period. Time shall be treated as an essential condition of the contract. Any extension of time shall be valid only when granted in writing by the competent authority for reasons recorded and in accordance with the applicable rules. 12. Delay and Default If the contractor fails to commence, maintain required progress or complete the work within the stipulated period, the competent authority may take action in accordance with the agreement and applicable rules, including levy of applicable compensation/penalty, termination of contract, forfeiture of security, execution of the balance work at the risk and cost of the contractor, and/or other permissible action. 13. Security Deposit / Performance Security The successful bidder shall furnish Security Deposit/Performance Security at the rate and in the manner prescribed in the tender conditions. The security shall be liable for adjustment/forfeiture, wholly or partly, in the event of breach of contractual obligations, subject to the applicable rules and terms of agreement. 14. Defective Work Any defective, substandard or unauthorized work noticed during execution or during the applicable defect-liability period shall be rectified/reconstructed by the contractor at his/her own cost within the time specified by the competent authority. Failure to rectify such defects shall entitle the department to arrange rectification through another agency at the risk and cost of the contractor, subject to the applicable contract conditions. 15. Safety at Work Site The contractor shall be solely responsible for maintaining adequate safety precautions at the work site. Special care shall be taken since the works are being executed in school premises. The construction area shall be properly barricaded and students, staff and members of the public shall not be exposed to construction hazards. Construction materials, debris, machinery and tools shall be stored safely and shall not obstruct school activities, entrances, pathways or emergency access. 16. Labour Laws and Liability The contractor shall comply with all applicable labour, safety, welfare and social-security laws and shall be responsible for wages, insurance, compensation and other statutory obligations relating to labour engaged for the work. The Department/School/SMC shall not be responsible for claims arising from the contractor's failure to comply with such statutory obligations, subject to applicable law. 17. Damage to Existing Property Any damage caused by the contractor or his/her workers to the existing school building, compound wall, electrical installations, water supply system, furniture, neighbouring property or other Government property shall be made good by the contractor at his/her own cost to the satisfaction of the competent authority. 18. No Subletting The contractor shall not assign, transfer or sublet the whole or any substantial part of the work without prior written approval of the competent authority. Unauthorized subletting shall constitute breach of contract and may attract action under the agreement and applicable rules. 19. No Unauthorized Extra Work No claim shall be entertained for extra/additional/substituted work executed without prior written authorization of the competent authority. Oral instructions shall not, by themselves, constitute sanction for additional financial liability. 20. Maintenance of Records The contractor shall maintain and produce, whenever required, all relevant bills, invoices, challans, test certificates, labour-related records and other documents connected with the execution of the work. The records shall be made available for departmental inspection, internal audit, statutory audit, Accountant General audit or any other authorized scrutiny. 21. Photographic and Digital Documentation The contractor shall facilitate and provide stage-wise photographs, geo-tagged photographs and other digital evidence of the work wherever required by Samagra Shiksha/School Education Department instructions. 22. Fraud, Corruption and Collusion Canvassing, collusive bidding, fraudulent documentation, bribery, coercion, misrepresentation or any attempt to influence the tender process shall render the bidder/contractor liable for rejection/termination and such other action as may be permissible under applicable rules and law. 23. Conflict of Interest The bidder shall disclose any actual or potential conflict of interest relating to the tender. Suppression of material information regarding conflict of interest may result in rejection of the bid or termination of the contract, subject to applicable rules. 24. Termination of Contract The competent authority may terminate the contract, after following the procedure prescribed in the agreement/applicable rules, where the contractor: - abandons the work; - persistently fails to maintain progress; - executes substandard work and fails to rectify it; - violates material conditions of the agreement; - submits fraudulent documents; - engages in prohibited practices; or - otherwise commits a material breach of contract. Consequences of termination, including completion of balance work and recovery of additional expenditure, shall be governed by the agreement and applicable rules. 25. Risk and Cost Where the contract is validly terminated for contractor default, the competent authority may arrange completion of the balance work through another eligible agency. Any recoverable additional expenditure may be dealt with as provided in the agreement and applicable rules. 26. Force Majeure Neither party shall be held responsible for delay solely attributable to events beyond reasonable control, such as natural disasters or Government-imposed restrictions, to the extent recognized under the applicable contract conditions. The contractor shall promptly intimate such circumstances in writing and seek appropriate orders from the competent authority. 27. Department's Right The Tender Inviting Authority reserves the right to accept or reject any or all bids, cancel the tender process, or modify the tender schedule in accordance with applicable procurement rules, without creating a right to award in favour of any bidder merely because that bidder has submitted the lowest quotation. 28. Lowest Bid Not an Automatic Right Quoting the lowest rate shall not by itself confer an enforceable right to award of the work. Award shall be subject to eligibility, responsiveness of the bid, reasonableness of rates, availability of sanction/funds and approval of the competent authority in accordance with applicable rules. 29. Compliance with Government Orders The contractor shall comply with all applicable Government Orders, departmental instructions, Samagra Shiksha guidelines, Civil Works Codal Rules, technical specifications and statutory provisions in force from time to time insofar as they apply to the work. 30. Disputes and Jurisdiction Any dispute arising out of the tender/agreement shall first be dealt with in accordance with the dispute-resolution mechanism, if any, prescribed in the agreement and applicable Government rules. Subject to applicable law and any contractual dispute-resolution provision, courts having territorial jurisdiction over the place of contract/work shall have jurisdiction. 31. Recovery of Government Dues Any amount lawfully recoverable from the contractor under the agreement may be recovered from bills, security deposit/performance security or other amounts payable to the contractor, subject to the applicable rules and law. 32. Final Acceptance The work shall be treated as completed only after completion of all sanctioned items, removal of debris, restoration/cleaning of the site, recording of final measurements and certification/acceptance by the competent Engineering Authority.

The bidder shall submit his response through Bid submission to the tender on eProcurement platform at www.apeprocurment.gov.in by following the procedure given below. The bidder would be required to register on the e-procurement market place https://tender.apeprocurement.gov.in and submit their bids online. Offline bids shall not be entertained by the Tender Inviting Authority for the tenders published in e-procurement platform. The bidders shall submit their eligibility and qualification details, Technical bid, Financial bid etc., in the online standard formats displayed in eProcurement web site. The bidders shall upload the scanned copies of all the relevant certificates, documents etc., in support of their eligibility criteria/technical bids and other certificate/documents in the eProcurement web site. The bidder shall sign on the statements, documents, certificates, uploaded by him, owning responsibility for their correctness/authenticity. The bidder shall attach all the required documents for the specific tender after uploading the same during the bid submission as per the tender notice and bid document. The Bidder shall also ensure prior to Final Bid submission that the Encryption certificate present in the DSC Key token is the same as that mapped into his Profile page in the Eprocurement system. Service provider shall not be responsible for Non-submission of Bid in case there is a variance in the Encryption certificate between the Key token and the Uploaded certificate in the Bidders profile in the Eprocurement system. Registration with eProcurement platform: For registration and online bid submission bidders may contact HELP DESK. https://tender.apeprocurement.gov.in Digital Certificate authentication: The bidder shall authenticate the bid with his Digital Certificate for submitting the bid electronically on eProcurement platform and the bids not authenticated by digital certificate of the bidder will not be accepted on the eProcurement platform. For obtaining Digital Signature Certificate, you may please Contact: You may please Contact Registration Authorities of any Certifying Authorities in India. The list of CAs are available by clicking the link https://tender.apeprocurement.gov.in/digital-signature.html# 3. Hard copies: i) Vide ref. G.O.Ms.No.174, I&CAD dept dated:1-9-2008, submission of original hard copies of the uploaded scanned copies of Proof of online Payment (Remittance)/BG towards EMD by participating bidders to the tender inviting authority before the opening of the price bid is dispensed forthwith. ii) All the bidders shall invariably upload the scanned copies of Proof of online Payment (Remittance)/BG in eProcurement system and this will be the primary requirement to consider the bid responsive. iii) The department shall carry out the technical evaluation solely based on the uploaded certificates/documents, Proof of online Payment (Remittance)/BG towards EMD in the eProcurement system and open the price bids of the responsive bidders. iv) The department will notify the successful bidder for submission of original hardcopies of all the uploaded documents Proof of online Payment (Remittance)/BG towards EMD prior to entering into agreement. v) The successful bidder shall invariably furnish the original Proof of online Payment (Remittance)/BG towards EMD, Certificates/Documents of the uploaded scan copies to the Tender Inviting Authority before entering into agreement, either personally or through courier or post and the receipt of the same within the stipulated date shall be the responsibility of the successful bidder. The department will not take any responsibility for any delay in receipt/non-receipt of original Proof of online Payment (Remittance)/BG towards EMD, Certificates/Documents from the successful bidder before the stipulated time. On receipt of documents, the department shall ensure the genuinity of the Proof of online Payment (Remittance)/BG towards EMD and all other certificates/documents uploaded by the bidder in eProcurement system. In support of the qualification criteria before concluding the agreement. 4. The GO. Ms. No. 174 -I&CAD dated: 1-9-2008 Deactivation of Bidders If any successful bidder fails to submit the original hard copies of uploaded certificates/documents, Proof of online Payment (Remittance)/BG towards EMD within stipulated time or if any variation is noticed between the uploaded documents and the hardcopies submitted by the bidder, as the successful bidder will be suspended from participating in the tenders on eProcurement platform for a period of 3 years. The eProcurement system would deactivate the user ID of such defaulting bidder based on the trigger/recommendation by the Tender Inviting Authority in the system. Besides this, the department shall invoke all processes of law including criminal prosecution of such defaulting bidder as an act of extreme deterrence to avoid delays in the tender process for execution of the development schemes taken up by the government. Other conditions as per tender document are applicable. The bidder is requested to get a confirmed acknowledgement from the Tender Inviting Authority a proof of Hardcopies submission to avoid any discrepancy. 5. Payment of EMD: It is mandatory for all participant bidders to electronically pay EMD Online by utilizing the 'Payment Gateway Service on E-Procurement platform'. The Electronic Payment Gateway accepts all Master and Visa Credit Cards issued by any bank and Direct Debit facility/Net Banking/NEFT payment modes through ICICI Bank and/or Axis Bank Payment Gateways to facilitate the transaction. This is in compliance as per G.O.Ms. 08 dated 08.05.2016. A GST of 18.00% + Bank charges on the transaction amount payable to APTS shall be applicable. In addition to this, Bidders can also pay the EMD through Download of PDF format of RTGS Challan for respective Payment gateway and pay the EMD through their Parent Bank account. Once the EMD is received by the EProcurement application, Bidders can automatically continue with their Bid Submission online. IMPORTANT NOTE REGARDING EMD PAYMENT: 1. Bidders are encouraged to use only Net banking facility for payment of EMDs as far as possible for faster refunds in case of unsuccessful Bids for the Tender. 2. Bidders are advised not to use RTGS Challan downloads at the penultimate hour of Bid submission closing as any delay by their banker would not enable Bid submission on the platform. Please allow a minimum of 60 minutes for enabling 'Continuation of Bid Submission' from the time the Pool Account receives credit of the EMD from the Bidders Bank for both NEFT and RTGS Transfers. For RTGS Transfers, the Pool Account can get immediate credit whereas NEFT transfers would follow RBI Payment Cycle time. 3. Bidders are advised to pay EMD Online atleast T-1 or T-2 days before Bid submission closing date (T= Bid submission closing date) to avoid last minute delays and denials of successful Bid submission and to take care of any delays in Banking procedures. Un Successful Bidder EMD Refund process: - The bid is declared unsuccessful, under the following circumstances. Bid submitted by the bidder is not the lowest bid. Upon Finalization of the L1 Bid. Technical Disqualification of the Bid in case of 2 cover system. EMD paid but bid not submitted EMD refund will be initiated by the Tender Inviting Authority directly and through Online only and through the same payment channels as EMD received by the Department. (RTGS / NEFT /Credit Card /Debit Card refund), within 30 days from the date of publishing the Decision / Result. However, Service Provider /GoAP will not be held responsible for the delays occurring due to banking channels/procedures/processes of the respective vendor. IMPORTANT NOTE REGARDING EMD REFUNDS: Bidders are requested to use discretion in their choice of payment channel for remittance of EMD. Time taken for Refunds under Ideal conditions: 1. Net Banking / NEFT / RTGS Challan: One (1) Banking Business Day from time of initiation of refund by Tender Inviting Authority subject to RTGS/NEFT timings of RBI. 2. Credit card/ Debit card: 7-10 working days from time of initiation of refund by the Tender Inviting Authority. However, this may be longer in case of certain bank cards. In case of delays, bidders are requested to contact the Card issuing Bank for faster resolution. 6. Payment of Transaction Fee: It is mandatory for all the participant bidders from 1st January 2006 to electronically pay a Non-refundable Transaction fee to M/s. APTS , the service provider through 'Payment Gateway Service on E-Procurement platform'. The Electronic Payment Gateway accepts all Master and Visa Credit Cards issued by any bank and Direct Debit facility/Net Banking of ICICI Bank, Axis Bank to facilitate the transaction. This is in compliance as per G.O.Ms. 13 dated 07.05.2006. A GST of 18.00% + Bank charges on the transaction amount payable to APTS shall be applicable. The participating bidders will pay a transaction fee @ 0.03% of ECV (estimated contract value) with a cap of Rs.10,000/- (Rupees ten thousand only) for all works with ECV upto Rs.50 crores, and Rs.25,000/- (Rupees twenty five thousand only) for works with ECV above Rs.50 crores, at the time of bid submission electronically. For tenders wherever ECV is not available i.e., for goods and services, the transaction fee shall be calculated on quoted value. GST as levied by the GOI on transaction fee, electronic payment gateway charges shall be borne by the bidders. 7. Corpus Fund: As per GO MS No.4 User departments shall collect 0.04% of ECV (estimated contract value) with a cap of Rs. 10,000 (Rupees ten thousand only) for all works with ECV upto Rs.50 Crores, and Rs. 25,000/- (Rupees twenty-five thousand only) for works with ECV above Rs.50 Crores, from successful bidders on eProcurement platform before entering into agreement / issue of purchase orders, towards eprocurement fund in favour of Managing Director, APTS . There shall not be any charge towards eProcurement fund in case of works, goods and services with ECV less than and upto Rs. 10 lakhs 8. Tender Document: The bidder is requested to download the tender document and read all the terms and conditions mentioned in the tender Document and seek clarification if any from the Tender Inviting Authority. Any offline bid submission clause in the tender document could be neglected. The bidder has to keep track of any changes by viewing the Addendum/Corrigenda issued by the Tender Inviting Authority on time-to- time basis in the E-Procurement platform. The Department calling for tenders shall not be responsible for any claims/problems arising out of this. 9. Bid Submission Acknowledgement: The bidder shall complete all the processes and steps required for Bid submission. The system will generate an acknowledgement with a unique bid submission number after completing all the prescribed steps and processes by the bidder. Users may also note that the bids for which an acknowledgement is not generated by the e-procurement system are treated as invalid or not saved in the system. Such invalid bids are not made available to the Tender Inviting Authority for processing the bids. The Government of AP are not responsible for incomplete bid submission by users.