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FORM OF AGREEMENT AND GENERAL RULES AND DIRECTIONS FOR GUIDANCE

OF CONTRACTOR
ITEM RATE TENDER AND CONTRACT FOR WORKS
General rules and Directions
1. All works proposed for execution by contract will be notified in a form of invitation to
tender posted in public places and signed by the Chief Engineer, CEG, ESG, GSO /
Engineer-in-Charge.
This form will state the works to be carried out as well as the date for submitting and
opening tenders and the time allowed for carrying out the work, also the amount of
earnest money to be deposited with the tender, and the amount of security deposit to
be deposited by the successful tenderer and the percentage, if any, to be deducted
from the bills, Performance Security to be deposited before commencement of the
work. Copies of the specifications, designs and drawings, any other documents
required in connection with the work designed for the purpose of identifications by the
Chief Engineer, CEG, ESG, GSO / Engineer-in-Charge. It shall also be open for
inspection by the Contractor at the office of the Chief Engineer, CEG, ESG, GSO /
Engineer-in-charge, during office hours.
2. In the event of the tender being submitted by a firm, it must be signed separately by
each member thereof, or in the event of the absence of any partner, it must be signed
on his behalf by a person holding a power-of-attorney authorizing him to do so, such
power of attorney to be produced with the tender and it must disclose the firm is duly
registered under the Indian Partnership Act.
3. Receipts for payments made on account of a work when executed by a firm must also
be signed by the several partners. Except where the contractors are described in their
tender as a firm, in which case the receipts must be signed in the name of the firm by
one of the partners or by some other persons having due authority to give effectual
receipts for the firm.
4. Any person, who submits a tender, shall fill up the form, stating at what rate he is
willing to undertake each item of the work. Tenders, which proposes any alteration in
the work specified in the said form of invitation to tender, or in the time allowed for
carrying out the work, or which contain any other condition, of any sort, including
conditional rebates, will be summarily rejected. However, a tender with unconditional
rebate(s) is acceptable. No single tender shall include more than one work, but
contractors who wish to tender for two or more works shall submit separate tender for
each. Tenders shall have the name and number of the works to which they refer,
written on the envelopes.
The rate(s) must be quoted in decimal coinage.

5. The Chief Engineer, CEG, ESG, GSO / Engineer in charge, or his duly authorised
assistant will open tenders in the presence of any intending tenderer who may be
present at the time, and will enter the amounts of the several tenders in a
comparative statement in a suitable form. In the event of a tender being accepted, a
receipt for the earnest money forwarded therewith shall thereupon be given to the
tenderer who shall thereupon for the purpose of identification sign copies of the
specifications and other documents mentioned in Rule-1. In the event of a tender
being rejected, the earnest money forwarded with such unaccepted tender shall
thereupon be returned to the tenderer without any interest.
6. The officer inviting tenders shall have the right of rejecting all or any of the tenders,
and will not be bound to accept the lowest tender or any other tender.

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7. The receipt of an accountant or clerk for any money paid by the tenderer will not be
considered as an acknowledgement of payment to the Chief Engineer, CEG, ESG,
GSO / Engineer-in-charge, and the Contractor shall be responsible for seeing that he
procures a receipt signed by the Chief Engineer, CEG, ESG, GSO / Engineer-in-
charge, or by the Accounts Officer or duly authorised Cashier.
8. The Memorandum of work tendered for, and the Schedule of Materials to be supplied
by the General Services Organization and their issue rates shall be filled in and
completed in the office of the Chief Engineer, CEG, ESG, GSO before the tender
form is issued. If a form is issued to an intending tenderer without having been so
filled in and completed, he shall request the office to have this done before he
completes and delivers his tender.
9. The tenderer shall sign a declaration under the officials Secret Act 1923, for
maintaining secrecy of the tender documents drawings or other records connected
with the work given to them. The unsuccessful tenderer shall return all the drawings
given to them.
10. In case of any tender where unit rate of any item/items appear unrealistic, such
tender will be considered as unbalanced and incase the tenderer is unable to provide
satisfactory explanation, such a tender is liable to be disqualified and rejected.
11. In event no rate has been quoted for any items(s) then rate for such items(s)
will be considered as zero and work will be required to be executed
accordingly.
12. If it is found that the tender is not submitted in proper manner or contains too many
corrections and/or absurd rates, or amount, it will be open for the Government to take
suitable disciplinary action against the contractor.
13. The contractor shall give a list of both gazetted and non-gazetted GSO employees
related to him if any.
14. On acceptance of the tender, the name of the accredited representative(s) of the
contractor who would be responsible for taking instructions from the Engineer-in-
Charge shall be communicated in writing to the Engineer-in-Charge.
15. Goods and Service Tax (GST) @ 18% and any other tax applicable in respect of this
contract shall be payable by the Contractor and Government will not entertain any
claim whatsoever in respect of the same.
16. The tender for the work shall not be witnessed by a contractor or contractors who
himself themselves has/have tendered or who may and has/have tendered for the
same work. Failure to observe this condition would render, tenders of the contractors
tendering, as well as witnessing the tender, liable to summary rejection.
17. The tender for composite work includes, in addition to building work, all other works
such as sanitary and water supply installations drainage installation, electrical work,
horticulture work roads and paths etc. The tenderer apart from being a registered
contractor (B&R) of appropriate class, must associate himself with agencies of
appropriate class which are eligible to tender for sanitary and water supply drainage,
electrical and horticulture works in the composite tender.


Tr-1384 – Form of Agt / Page 2 of 5


ITEM RATE TENDER FOR WORKS

I/We have examined the notice inviting tender, schedule of supply of material,
drawings, Specifications applicable, Drawings & Designs, General Rules & Directions,
Conditions of contract, clauses of contract, Special Conditions, Schedule of Quantities &
other documents and rules referred to in the conditions of contract and all other contents in
the tender document for the work.

I/we hereby tender for the execution for the President of India of the work specified
in the underwritten memorandum within the time specified in such memorandum at the
rates specified therein, and in accordance in all respects with the specifications, designs,
drawings and instructions in writing referred to in Rule-1, here of and in clause-11 of the
conditions of contract and with such materials as are provided for, by and in all respects in
accordance with, such conditions so far as applicable.

MEMORANDUM

Cleaning of sewer lines using mechanical equipments


a) General Description in 9th to 16th Avenue areas in DAE Township at
Kalpakkam during the year 2024-2025.
b) Estimate Cost Rs. 14.75 Lakhs

c) Earnest Money Rs. 29,500/-

d) Performance Security 3 % of the tendered value of the work.

e) Security Deposit 2.50 % of the tendered value of the work.

The Security deposit equal to 2.50% [Two point five percent] of the tendered value
will be collected by deductions from the running bills of the contractor @ 5 % (Five
Percent) of the gross amount of the bill. The security deposit will also be accepted in the
form of Government securities or Fixed Deposit Receipt of Scheduled Banks or State Bank
of India. The security deposit as deducted above can be released against bank guarantee
issued by a scheduled bank, on its accumulations to a minimum of Rs.5 Lakhs subject to
the condition that amount of such bank guarantee, except last one shall not be less than
Rs.5 Lakhs.

The performance security equal to 3% (Three percent) of the tendered value is


required to be deposited within 15 days from the date of issue of Letter of intent (LOI), in
the form of fixed deposit receipts or Guarantee bonds of any Scheduled Bank or State
Bank of India.

The Security Deposit/performance Guarantee shall be endorsed in favour of the


Pay and Accounts Officer, GSO, Kalpakkam – 603102.

a) Time allowed for the work: 12 (Twelve) Months (Including monsoon period)

Should this tender be accepted in whole or in part, I/We, hereby agree:

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i) To abide by and fulfill all the terms and provisions of the said conditions annexed hereto
and all terms and provisions contained in notice inviting tenders so far as applicable
and/or in default thereof to forfeit and pay to the President of India or his successor in
office, the sum of money mentioned in the said conditions. A sum of Rs. 29,500/- is
hereby forwarded by Deposit at Call receipt, Pay order, Bankers Cheque, Demand Draft
or Fixed Deposit Receipt issued by a scheduled bank. If, I/We fail to furnish the
prescribed performance guarantee within the prescribed period as specified in the above
memorandum, I/We, agree that the said President or his successors in office shall
without prejudice to any other right or remedy be at liberty to forfeit the said Earnest
Money absolutely. Further, if I/we fail to commence the work specified in the above
Memorandum, I/we agree that the said president or his successors in office shall without
prejudice to any other right or remedy available in law, be at liberty to forfeit the
performance guarantee absolutely, as mentioned against Clause (d) of the above
mentioned memorandum.

ii) To execute all the works referred to in the tender documents upon the terms and
conditions contained or referred to therein and to carry out. Such deviations as may be
ordered up to a maximum of percentage mentioned, at the rates quoted in the tender
document and those in excess of the limit at the rates to be determined in accordance
with the provisions contained in Clause 12.2 & 12.3 of the Tender form.

Further, I/we agree that in case of forfeiture of Earnest Money or Performance


Guarantee as aforesaid, I/we shall be debarred for participation in the re-tendering process
of the work.

DECLARATION

I/We undertake and confirm that eligible similar work(s) has/have not been got
executed through another contractor on back to back basis. Further that, if such a violation
comes to the notice of department, then I/we shall be debarred for tendering in DAE in
future forever. Also, if such a violation comes to the notice of department before date of
start of work, the Engineer-in-charge shall be free to forfeit the entire amount of Earnest
Money Deposit/Performance Guarantee.

I/we, hereby declare that I/we shall treat the tender documents, drawings and other
records connected with the work as Secret/Confidential documents and shall not
communicate information/derived there from to any person other than a person to whom
I/we am/are authorized to communicate the same or use the information in any manner
prejudicial to the safety of the state.

Dated the ………………………. … … day of ……………………………….. 2023


* _________________________________

Witness + _________________________________

Name & Address: _________________________________


_________________________________
Occupation _________________________________

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ACCEPTANCE
The above tender is hereby accepted by me on behalf of the President of India.

@ __________________________________

Dated the ………………………………. day of ……………………………….. 2023

* Signature of the Contractor before submission of tender

+ Signature of witness to contractor’s signature

@ Signature of the officer by who accepted

RULES AND DIRECTIONS FOR THE GUIDANCE OF TENDERERS.

1) The tender shall be valid for minimum period of 120 (One hundred and Twenty)
days from the last date of closing of online submission of tender.



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