INSTRUCTIONS TO THE TENDERERS

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1 INSTRUCTIONS TO THE TENDERERS 1. EARNEST MONEY DEPOSIT: Each tender must be accompanied with earnest money deposit(emd) of Rs.50,000/-(Rupees. Fifty thousand only) in the form of Demand Draft of any nationalized scheduled bank payable at Panchkula and drawn in favour of Haryana State Warehousing Corporation, payable at Panchkula. EMD to be submitted in the Technical Bid. Tenders without Earnest Money or inadequate earnest money shall be summarily rejected and no interest would be paid on the amount of earnest money. 2. ISSUE/RECEIPT OF TENDER: The tender form will be available from the Office of the Executive Engineer, HSWC, Panchkula to any intending tenderer against a nonrefundable payment of Rs.1,000/-(Rs. One thousand only) for each work on any working day between 9.00AM to 4.00PM up to and can also be downloaded from the website Where forms have been downloaded from the website the tenderer shall enclose alongwith the technical bid, a separate demand draft of Rs. 1,000/- on account of cost of the tender documents in a separate sealed envelop super scribed THROUGH HSWC WEBSITE. The duly completed sealed tenders shall be accepted up to 11.00AM IST on The covers should be super scribed Supply, Installation and Commissioning of 60 MTs capacity fully Electronic Weighbridges(Pitless) at various location of HSWC in the State of Haryana and should bear the name and complete address of the Bidding Agency. Sealed tenders containing the Technical & Financial Bid should be dropped in Tender Box placed at HSWC, Head Office, Bays No , Sector-2, Panchkula by 11.00AM on The technical Bid shall be opened at 11.00AM, in the Committee Room of HSWC, Head Office at the above mentioned address in presence of Tenderers/ Authorized representative who may wish to be present. The financial bid of only those agencies shall be opened on at 3.00 PM which qualify in the technical bid. The financial bid should be submitted along with technical bid and should be unconditional. Negotiations, if required, shall be held on at 4.00 PM.

2 3. SIGNING OF TENDER: a) Person(s) signing the tender shall state in what capacity he or they are signing the tender e.g. as a Sole Proprietor of a Firm or as a Secretary/Manager/Director etc. of a body corporate. In the case of Partnership Firm, the names of all the partners should be disclosed and the tender shall be signed by all the partners or their constituted attorney, having authority to bind all the partners in all matters pertaining to the contract, including the Arbitration Clause. The original or an attested copy of the partnership deed shall be furnished alongwith the tender. In case of a limited company(i) the name of the Directors shall be mentioned and(ii) it shall be certified that the person signing the tender is empowered to do so on behalf of the Company. A copy of the Memorandum and Articles of Association of the Company shall be attached to the tender. Incase of Hindu Undivided Family(HUF), the names of the family members(copartners) should be disclosed and the Karta(Manager), who can bind the family, should sign the form and indicate his status below his signatures. b) The person(s) signing the tender form or any documents forming part of the tender on behalf of another or on behalf of Firm will have to produce a proper Power of Attorney duly executed in his favour, stating that he has authority to sign for such other person or the firm as the case may be, in all matters pertaining to the contract including the Arbitration Clause. If the person so signing the tender fails to produce the said Power of Attorney, his tender will be liable to be summarily rejected without prejudice to any other rights of the Corporation under the law. The Power of Attorney should be signed by all the partners in the case of Partnership concern; by the Proprietor in case of Proprietary Concern and by the person who by his signature can bind the company in the case of a Limited Company or a Co-operative Society. In the case of a Hindu Undivided Family(HUF), the Power of Attorney should be signed by the Karta who by his signature can bind the firm.

3 4. SECURITY DEPOSIT: a) The successful tenderer shall furnish within 15 days of acceptance of his tender, Security Deposit of 10% of the awarded value failing which the contract shall be liable to be cancelled and also subject to such other remedies as may be available to the Corporation under the terms of contract. b) The Managing Director, of Haryana State Warehousing Corporation, (HSWC) Panchkula, may at his discretion, increase the amount of Security Deposit up to 25% at any time during the currency of the contract. The decision of the Managing Director, HSWC, in this regard shall be final and binding on the Agency and shall not be called into question. 5. SUBMISSION OF TENDER : The tenders should be submitted in two separate sealed envelopes: a) The first envelop shall contain the Technical Bid(FIRST COPY) detailing the Technical and Professional Qualifications with documentary evidence thereof and various other documents, as are listed and required to be furnished with tender, along with the Earnest Money Deposit. This cover should be super scribed as Technical Bid. It should be clearly noted that the Technical Bid should NOT contain the financial component and that any bidder/s who submits financial bid duly filled in the Technical Bid, may be disqualified. b) The Second envelop super scribed Financial Bid (SECOND COPY) shall contain the Financial Bid, quoting rates as per the Rates Schedule given for the tender(part-b). Conditional Tenders or Tenders offering rates else that as sought in Item No.1 and Item No2 of the Price Bid, are liable to be rejected. Name of the Bidder/s alongwith address and contact number should be clearly mentioned on each sealed cover.

4 6. TECHNICAL UNPRICED BID to contain the first copy of Tender document should consist the following documents:- i) The constitution of the bidding Agency alongwith the registration. ii) Original copy of specimen signatures of the authorized signatory(ies) along with the TECHNICAL UNPRICED BID. III) Earnest Money Deposit for Rs.50,000/-(Rs. Fifty thousand only) in the form of Demand Draft of any nationalized scheduled Bank drawn in favour of Haryana State Warehousing Corporation, payable at Panchkula. IV) Latest copy of valid PAN CARD, VAT/Sales Tax/Work Contract Registration Certificate from concerned Authorities of the State. V) Having valid License for manufacturing of electronic lorry weighbridge issued by the concern Authorities. VI) Model Approval Certificate from Director of Metrology, Govt. of India. VII) Having valid license from Weight & Measurement department of respective State as per Act/Rules for repairing and servicing of Electronic Weighbridges in their own name. No license for repair shall be required by a manufacturer for repair of his own manufactured weighbridge. VIII) Certificate in respect of successful completion of 10 Nos. of similar jobs in Govt. or PSUs in any one year during the last three years duly supported by their performance certificate from end user. IX) Audited balance sheet as documentary proof for having annual turnover for a minimum of Rs. Two crore per annum for any year during last three years i.e , and X) The agency should not have been blacklisted or debarred by any Govt./Public Sector undertaking duly authenticated in the shape of an affidavit. 7. ELIGIBILTY CRITERIA : The tenderers which fulfill the following eligibility criteria will be considered for technically pre-qualification: i) Tenderers having furnished an Earnest Money Deposit for Rs.50,000/-(Fifty thousand only) in the form of Demand Draft of any nationalized scheduled Bank drawn in favour of Haryana State Warehousing Corporation, payable at Panchkula for each work.

5 ii) Tenderers having furnished latest valid PAN CARD, VAT/Sales Tax/Work Contract Registration Certificate from concerned Authorities of the State. iii) Tenderers having valid License for manufacturing of electronic lorry weighbridge issued by the State Authorities. iv) Tenderers having furnished Model Approval Certificate from Director of Metrology, Govt. of India. v) Tenderers having valid License from Weight & Measurement Department of respective State as per Act/Rules for repairing and servicing of Electronic Weighbridges in their own name. No license for repair shall be required by a manufacturer for repair of his own manufactured weighbridge. vi) Tenderers having furnished Certificate in respect of successful completion of 10 Nos. of similar jobs in Govt. or PSUs in any one year during the last three years duly supported by their performance certificate from end user. vii) Tenderers having furnished Audited balance sheet for last three years as documentary proof for having annual turnover for a minimum of Rs. Two crore per annum for any year during last three years i.e , and The Financial Bid of only the technical Qualified Tenderers shall be opened and considered. 9. FINANCIAL BID to contain the second copy of Tender Document Quoting the rates both in figures and words. 10. CORRUPT PRACTICES: Any bribe, commission or advantage offered or promised by or on behalf of the tenderers to any officer or servant of the Corporation shall(in addition to any criminal liability which the tenderer may incur) debar his tender from being considered. Canvassing on the part of or on behalf of the tenderer will also make his tender liable to rejection.

6 11. ACCEPTANCE OF TENDER: The Managing Director, Haryana State Warehousing Corporation, Panchkula for and on behalf of the Corporation reserves the right to reject any or all the tenders, without assigning any reason thereof and does not bind himself to accept the lowest or any other tender. Managing Director, HSWC reserves the right to Award complete scope of works to one or more Tenderers.

7 TERMS & CONDITIONS: 1. Earnest Money: Sealed tenders must be accompanied by earnest money of Rs.50,000/-(Rupees. Fifty thousand only) in the shape of Demand Draft on any nationalized scheduled Bank drawn in favour of Haryana State Warehousing Corporation, payable at Panchkula. Tenders without earnest money are liable to be rejected. The earnest money of the unsuccessful tender(s) would be refunded after finalization of tender and no interest would be paid on the amount of earnest money. 2. RATE: The rate to be quoted should include VAT/CST and all taxes as applicable Haryana. HSWC will not issue C form/ any certificate in this regard. 3. VALIDITY OF TENDER: 90 days from the date of opening of tender. 4. SECURITY: The successful tenderer would furnish security equivalent to 10% of the total cost as quoted in the tender after adjustment of earnest money deposited in the shape of Bank Draft within fifteen days from the acceptance of his offer(only working days to be counted). If the successful tenderer has previously held any contract and furnished any security, the same would not be adjusted against this tender. No interest would be paid on the security. The Earnest Money Deposit of the successful tenderer shall be adjusted against the Security Deposit. 5. INSPECTION: The inspection of the material would be conducted by the Authorized Officer(s) of HSWC at works of the supplier before dispatch. Incase, the material is found below prescribed specification, the supplier would be bound to replace the same at his own cost failing which M.D., HSWC, reserves the right to forfeit the security as whole or part thereof. The forfeiture/deduction would be in addition to any other rights that the purchaser may have under the law of the land. The inspection Officer will put his stamp

8 MATERIAL ACCEPTED on the relevant material. HSWC, however, reserves the right to reject the material if found below specifications at the destination. 6. TIME LIMIT: The successful tenderer shall complete the supply, installation, civil work and commissioning of the weighbridge duly stamped by the Weight & Measurement Department, Haryana within 90 days from the date of issue of work order by HSWC. Date of completion shall be reckoned from the date of handing over the weighbridge to the Corporation represented by committee comprising of District Manager and Warehouse Manager concerned/sdo(civil) and for which the agency/successful tenderer shall give seven days prior notice to the Corporation intimating that the weighbridge is ready for handing over. 7. COMPENSATION FOR DELAY: The time allowed for carrying out the work shall be essence of the agreement and shall be strictly followed. In case the work remains incomplete on the expiry of time of 90 days from the date of award of work, the Corporation shall levy compensation for the Rs.500/- per day for the first 30 days from the date of expiry of time limit. Thereafter, the compensation shall be increased to 10% to the contractual/awarded amount and the work shall be withdrawn and the Corporation shall be at liberty to get the balance work carried from some other Agency at the risk & cost of the agency. 8. AGREEMENT: The successful tenderer will have to enter into an agreement in the form of Annexure A within 15 days from the award of the tendered works. 9. RELEASE OF PAYMENT: 90% Payment of the awarded work shall be released after installation, commissioning and stamping i.e. complete in all respect and ready for operation and on the production of completion certificate from the committee constituted for the installation of weighbridge and the balance 10% shall be released after three months from the installation and on producing satisfactory report from District Manager concerned subject to the submission of Bank guarantee of same amount valid for 9 months.

9 10. SUMMARY TERMINATION: a) In the event of the Agency having been adjudged insolvent or going in to liquidation or winding up their business or making arrangement with their creditors or failing to observe any of the provisions of this agency or any of the terms and conditions governing the contract the Managing Director, HSWC, shall be at liberty to terminate the contract, forthwith, without prejudice to any other rights or remedies under the contract and to get the work done at the risk & cost of the agency and to claim from the agency any resultant loss sustained or cost incurred. b) The Managing Director, HSWC shall also have, without prejudice to other rights and remedies, the right to terminate the contract forthwith and to get the work done at the risk & cost of the agency and/or forfeit the security deposit or any other part thereof for the sums to due to any damage losses, charges, expenses or costs that may be suffered or incurred by the Corporation due to delay in services or agency negligence or un-workman like the terms and conditions of the agreement. 11. WARRANTY: Warranty period shall be of two year from the date of handing over the each weighbridge, duly operational by the agency/successful tenderer to the Corporation for each unit. 12. RELEASE OF SECURITY: The security shall be released/ refunded after expiry of warranty period. In case, any defect is found in the goods and equipment supplied/work done, the responsibility shall be solely on the supplier agency and amount of loss to HSWC shall be deducted from the security. 13. ARBITRATION: In case any dispute relating to this contract arises due to misunderstanding of the terms and conditions, or due to delay in the delivery or due to any other reason, the matter would be referred to the Managing Director, HSWC for arbitration within 180 days of the completion of work, whose decision shall be final and binding on both the parties.

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