Tender Document

S.No	Document Name	Stage	Document Type
1	As per Estimate	COMMON	Mandatory

General Terms and Conditions / Eligibility

32. Special Conditions of the Contract (SCC) The following Special Conditions of Contract (SCC) shall supplement to the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions of the SCC shall prevail over those in the General Conditions of Contract. 33. SCC Definitions ?Effective Date?Means the date on which the contract signed for execution ?GO-Live?Means the date on which all modules as per the contract are made operational and accepted by the Divisional Forest Officer, Chintapalli Division, Chintapalli. ?Forest Range Officer, Chintapalli?or any other officer appointed by Divisional Forest Officer, Chintapalli Division, Chintapalli on its behalf for overall co-ordination, supervision and Work management; Replacement of Proposed Specialists: The bidder must ensure the permanence of the appointed specialists during the period of time required by the tasks according to the timeframe foreseen in the Scope of Work. The bidder shall be able to replace specialists with others of similar technical knowledge and experience, subject to the approval of Divisional Forest Officer, Chintapalli Division, Chintapalli, which approval shall not be unreasonably withheld. Divisional Forest Officer, Chintapalli Division, Chintapalli shall, on reasonable grounds, have right of seek replacement dismissal of any specialist provided by the bidder and seek his replacement with another specialist of similar technical background and the same shall be provided by the bidder. 34. DFO, Chintapalli?s discretion: Divisional Forest Officer, Chintapalli Division, Chintapalli may at its discretion, notwithstanding the provisions of Terms of Execution and penalties, to prioritize the execution of the tasks, give directives and formulate instructions considered appropriate for the purpose of carrying out the engagement to the bidder. The bidder shall comply with and carry out these directives and instructions and incorporate in the assignment further amendments, modifications and/or improvements within the Scope of Work that may be required for carrying out the engagement. 35. Payments Prices are fixed and no adjustment will be made to the contract price. The payment will be made at the end of every month on submission of invoice. The currency of payment will be Indian rupees. Payment will be made through Cheque/ On-line. 36. General Conditions of Contract (GCC) Definitions: In this Contract, the following terms shall be interpreted as indicated below and the bidder must bind all the definitions and prepare financial quotations. ? Applicable Law means the Contract shall be interpreted in accordance with the laws of India, unless otherwise specified in Special Conditions of Contract (SCC). ? Arbitration: In the case of dispute arising upon or in relation to or in connection with the contract between the Client and the successful bidder or consortium of bidders, which has not been settled amicably, any party can refer the dispute for Arbitration under (Indian) Arbitration and Conciliation Act, 1996. Such disputes shall be referred to the sole arbitrator ? The Secretary, IT&C Department, Govt. of A.P. The Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof, shall apply to these arbitration proceedings. ? Bid: means the bidders bid which shall form part of the Contract. ? Bidder means any Tenderer offering the bids required in the tender call. The word vendor when used in the pre award period shall be synonymous with bidder and when used after award of the contract shall mean the successful bidder with whom the Client signs the contract for rendering of goods and services. ? Client or Owner or DFO, Chintapalli: The client or owner or Divisional Forest Officer, Chintapalli Division, Chintapalli shall mean ?Government of Andhra Pradesh Forest Department? and shall include their legal representatives, successors and assigns. ? Contract Price means the price payable to the bidder under the Contract for the full and proper performance of all its contractual obligations. ? Contract: means the agreement entered into between Divisional Forest Officer, Chintapalli Division, Chintapalli and the related bidder, as recorded in the Contract Form signed by the parties including all attachments and appendices thereto and all documents incorporated by reference therein. ? Bidder?s representative means the duly authorized representative of the CSP, approved by the Clients and responsible for the bidder?s performance under the contract. ? Day means calendar day. ? Effective Date means the date following contract signing that the contract enters into full force as and upon fulfillment of any and all additional conditions specified in the SCC. ? Financial bid means that part of the offer that provides price schedule, total project costs etc as per the scope defined in the TENDER. ? Tenderer means a company, authority, co-operative or any other organization incorporated under appropriate statute as is applicable in the country of incorporation.

General Technical Terms and Conditions (Procedure)

? GCC means these General Conditions of Contract. ? Goods and services: mean the solution(s), service(s), materials or a combination of them in the context of the tender call and specifications. ? Implementation cum Performance security means on receipt of notification of award from the User, the successful bidder shall furnish the security in accordance with the conditions of contract, in the Implementation cum performance security form provided in the bidding documents or in another form acceptable to the User. ? Incidental services means those services ancillary to the supply of the goods and services, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training and other such obligations of the Bidder covered under the contract. ? Letter of Invitation (LOI): The LOI shall state the willingness of the client employer to enter into a contract agreement for the provision of consulting services as described in the TENDER provided meeting the requisite techno commercials. LOI is neither a contract agreement nor a confirmation work order. ? Pre-qualification and Technical bid means that part of the offer that provides information to facilitate assessment by the client with regard to strength of the bidders proposal in meeting the requisite professional, technical and financial standing of the bidder, conformity to specifications etc stated in the TENDER. ? Project sites means the place or places named in the schedule or requirements for delivery of goods and services. ? Selected bidder is the Tenderer selected by the client for taking up the work after the tender process. ? Special Conditions of Contract (SCC) means the Special Conditions of Contract by which the GCC may be amended or supplemented. ? Specification means the functional and technical specifications or statement of work, as the case may be. ? Tender call or invitation for bids, means the detailed notification seeking a set of solution(s), service(s), materials or any combination of them. 37. Confidentiality and intellectual Property rights Confidentiality The bidder must maintain absolute confidentiality of the work and department documents including electronic media and any other data/information provided to him for the execution of the work. 38. Use of documents and Information The bidder shall not, without prior written consent from Divisional Forest Officer, Chintapalli Division, Chintapalli, disclose/share/use the bid document, contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the Divisional Forest Officer, Chintapalli Division, Chintapalli in connection therewith, to any person other than a person employed by the bidder in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. 39. The bidder shall not, without prior written consent of Divisional Forest Officer, Chintapalli Division, Chintapalli, make use of any document or information made available for the work, except for purposes of performing the Contract. 40. All Work related document (including this bid document) issued by Divisional Forest Officer, Chintapalli Division, Chintapalli, other than the contract itself, shall remain the property of the Divisional Forest Officer, Chintapalli Division, Chintapalli and shall be returned (in all copies) to the Divisional Forest Officer, Chintapalli Division, Chintapalli on completion of the bidder?s performance under the contract. 41. Indemnification The bidder shall, at its own expense, defend and indemnify Divisional Forest Officer, Chintapalli Division, Chintapalli against all third-party claims of infringement of intellectual property rights, including patent, trademark, copyright, trade secret or industrial design rights arising from use of the products or any part thereof in India. 42. The bidder shall expeditiously extinguish any such claims and shall have full rights to defend itself there from. If Divisional Forest Officer, Chintapalli Division, Chintapalli is required to pay compensation to a third party resulting from such infringement, the bidder shall be fully responsible thereof, including all expenses and court and legal fees. Divisional Forest Officer, Chintapalli Division, Chintapalli will give notice to the bidder of any such claim without delay and shall provide reasonable assistance to the bidder in disposing of the claim.

Legal Terms & Conditions

. In any event, the liability of bidder to Divisional Forest Officer, Chintapalli Division, Chintapalli, its directors, employees and agents (in Agreement or tort statute or otherwise) for any loss or damage suffered by Divisional Forest Officer, Chintapalli Division, Chintapalli arising out of or in connection with the provision of the services by the bidder, where the loss or damage is caused, due to gross negligence or willful misconduct by bidder, shall be limited to the fees actually paid to bidder for the services rendered by it under this Agreement which gave rise to such liability as of the date the liability arose. 44. Neither party shall be liable for any indirect, consequential, incidental or punitive loss or expense including but not limited to loss of revenue, lost profits, in connection with or arising out of the use or performance of the services even if the parties have been advised of their possible existence. The bidder warrants that their services shall be performed in a professional manner in accordance with the applicable professional standards. 45. In carrying out its obligations under this proposal, the bidder shall, at all times, be an independent contractor and none of the officers, partners/directors or employees of bidder or its Associates shall be considered employees or agents of Divisional Forest Officer, Chintapalli Division, Chintapalli. 46. Neither of the Parties bidder, nor anyone representing or working for that e party bidder including Associates shall have any authority to transact any business or make any Agreement for nor on behalf of the other party Divisional Forest Officer, Chintapalli Division, Chintapalli or otherwise commit other party Divisional Forest Officer, Chintapalli Division, Chintapalli and/ or its affiliates. Bid Security, Payments, Guarantees and Liabilities 47. Bid Security (EMD) 1. Bid Security must be drawn in favor of ?Divisional Forest Officer, Chintapalli Division, Chintapalli? payable at Chintapalli, and should be valid for a minimum period of 90 days from the date of bid submission. 2. The bidder shall furnish, as part of its bid, a bid security for the amount specified in the tender call notice. 3. The bid security is required by Divisional Forest Officer, Chintapalli Division, Chintapalli to: ? Assure bidder?s continued interest till award of contract and ? Conduct in accordance with bid conditions during the bid evaluation process. ? The BG or DD shall be in Indian rupees and shall be from bank scheduled in India and having at least one branch office in Chintapalli. ? Unsuccessful bidder?s bid security will be discharged or returned as promptly as possible but not later than thirty (30) days after the expiration of the period of bid validity prescribed by Divisional Forest Officer, Chintapalli Division, Chintapalli. ? The successful bidder?s bid security will be discharged upon the bidder signing the contract, and furnishing the performance security. 4. The bid security may be forfeited: i. If a bidder withdraws its bid during the period of bid validity or ii. In the case of a successful bidder, if the bidder fails: a. To Sign the contract in time or b. To furnish performance security. iii. Implementation cum Performance Security On receipt of the notification of Contract award, the successful Bidder shall furnish to the Client the implementation cum Performance Security for the amount specified in SCC with in time limit fixed, in the form of BG/DD payable at Chintapalli. The other requirements of BG/ DD will be same as that for EMD. The proceeds of the security shall be payable to the Client as compensation for any loss resulting from the bidder?s failure to complete any one or all obligations under the Contract. The implementation security will be discharged by the Client and returned to the bidder not later than thirty (30) days after completion of three months from the date of submission of deliverables and its final acceptance.

Procedure for Bid Submission

Payment The method and conditions of payment to be made to the bidder under this contract shall be specified in SCC. The Bidder request(s) for payment shall be made to the Client in writing, accompanied by an invoice describing, as appropriate, the deliverables defined are delivered and accepted, and by documents submitted and upon fulfillment of other obligations stipulated in the Contract. IT if any will be deducted at source as per IT Act. 49. Prices Prices charged for deliverables and Services performed under the Contract shall not be increased from the prices quoted by them in its bid. The prices shall include all taxes, duties, license fees, and other such levies as required in the format given. The prices are inclusive of the travel, accommodation, documentation, secretarial assistance, consumables (CD, DVD, stationery etc.), and out of pocket expensive. 50. Taxes and Duties The bidder shall be entirely responsible for all taxes, duties, license fees, and other such levies. 51. Liquidated Damages If the bidder fails to deliver goods/ Services or install any or all of the systems or if any of the goods/ services fail to gain Acceptance within the period(s) specified in the Contract, the Client shall, without prejudice to its other remedies under the Contract, deduct from the performance security, as liquidated damages, a sum equivalent to the percentage of the Contract price specified in SCC. Once the maximum is reached, the Client may consider termination of the Contract. If delivered or installed goods and/or Services cannot be put to use without the undelivered goods/Services, the damages will be calculated using the total price of the goods/services that cannot be put to use. 52. Solution of LD Liquidated damages shall be assessed as per the milestones as per schedule, submission of deliverables and its acceptance for pilot, rollout and maintenance. For delay of one week beyond the agreed period, 0.5% of the value agreed will be levied subject to a maximum of 10%. Once the penalty is reached 10%, Divisional Forest Officer, Chintapalli Division, Chintapalli can cancel the agreement as per the provisions in the agreement. 53. Termination for Default The Client, without prejudice to any other remedy for breach of Contract, may terminate this Contract in whole or in part by giving 30 days advance notice; if the bidder fails to deliver any or all of goods/services within the period(s) specified in the Contract, or within any extension thereof granted by the Client or if he fails to perform any other significant obligations(s) under this contract. In the event Divisional Forest Officer, Chintapalli Division, Chintapalli terminates the Contract in whole or in part, the Client may procure, upon such terms and in such manner as it seems appropriate, goods/services similar to those undelivered, and the bidder shall be liable to the Client for any excess costs for those similar goods or Services. However, the bidder shall continue performance of the contract to the extent not terminated. 54. Termination for Insolvency The Client may at any time terminate the Contract by giving written notice to the bidder if he becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the CSP, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Client. 55. Force Majeure The bidder shall not be to liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. For purposes of this Clause, ?Force Majeure? means an event beyond the control of the and not involving bidder?s fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the Client in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. If a Force Majeure situation arises, the bidder shall promptly notify the Client in writing of such condition and the cause thereof. Unless otherwise directed by the Client in writing, the bidder shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. If an event of Force Majeure continues for a period of ninety (90) days or more, the parties may, by mutual agreement, terminate the Contract without either party incurring any further liabilities towards the other with respect to the Contract, other than to effect payment for goods/services already delivered or performed. 56. Resolution of disputes The Forest Range Officer, Chintapalli and the bidder shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the contract. If, after thirty (30) days from the commencement of such informal negotiations, the Forest Range Officer, Chintapalli and the bidder have been unable to resolve amicably a contract dispute, either party may require that the dispute be referred for resolution to the formal mechanisms specified here in. These mechanisms may include, but are not restricted to, conciliation mediated by a third party. 57. The dispute resolution mechanism shall be as follows In case of a dispute or difference arising between the Forest Range Officer, Chintapalli and the bidder relating to any matter arising out of or connected with this agreement, such disputes or difference shall be settled by the Divisional Forest Officer, Chintapalli Division, Chintapalli. Appeal lies with the Conservator of Forests, Visakhapatnam Circle, Visakhapatnam. 58. Governing Language The contract shall be written in English / Telugu. All correspondence and other documents pertaining to the contract, which are exchanged by the parties, shall be written in same languages. 59. Applicable law The contract shall be interpreted in accordance with appropriate Indian laws. 60. Jurisdiction All matters arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Court of Law in Andhra Pradesh only. 61. No interest for performance Guarantee No interest shall be paid on the earnest money, security deposit and the amount retained against performance guarantee. 62. Notices Any notice given by one party to the other pursuant to this contract shall be sent to the other party in writing or by telex, email, cable or facsimile and confirmation in writing to the other party?s last known address. A notice shall be effective when delivered or tendered to other party whichever is earlier. 63. Amendments and Modifications This Agreement may not be terminated, modified amended or waived orally but only through a document in writing signed by the authorized signatories of the parties. 64. Proforma of Bank Guarantee / Demand Draft for Bid Security (To be executed on appropriate value of Non-Judicial Stamp paper as per Indian Stamp Act prevailing in the State of Andhra Pradesh. The Bank Guarantee is required to be taken from a Nationalized bank having branch in Chintapalli and enforceable on such branch) A. In consideration of DFO, Chintapalli Division, Chintapalli, Chintapalli Division, Andhra Pradesh, INDIA. and represented by its Commissioner (hereinafter referred to as ?DFO, Chintapalli Division, Chintapalli? which expression shall, unless the context otherwise require includes its successors and assigns) having proposed to select a Bidder for ?Construction of Divisional Forest Officer, Chintapalli Bungalow at Chintapalli during 2023-24? (hereafter referred to as work). WHEREAS, (Name of the Bidder) wishes to submit its bid for the Selection of Bidder for hereinafter called ?The Bid?. AND WHEREAS the Bidder has undertaken to perform the obligations required under this TENDER Document. In compliance with the Proposal submitted, the bidder has agreed to provide Bid Guarantee to the DFO, Chintapalli Division, Chintapalli in order to comply with the selection requirements. AND WHEREAS the Bidder is required to furnish the DFO, Chintapalli Division Chintapalli with a Bank Guarantee of Rupees) as Bid Security for due compliance with the bidders obligations in accordance with the conditions of this TENDER Document. AND WHEREAS it is recognized by all concerned, that though the project is on commercial terms, nevertheless the project is also a work of Public interest. 1. KNOW ALL PEOPLE by these presents that We, the [name of Bank], having our registered office at address] and this branch office at - [branch office address], (hereinafter referred to as ?the Bank?), do hereby give the DFO, Chintapalli Division, Chintapalli, on behalf of the Bidder, such Bank Guarantee. The Bank hereby Tenderer that the Bank is the Guarantor and responsible to the DFO, Chintapalli Division, Chintapalli, on behalf of the Bidder, up to the total of Rupees . . . . . . only (Rupees . . . . . . . . only) in case the Bidder commits breach of any Covenants/ conditions agreed under this TENDER Document or such other documents in respect of the work. 2. The Bank undertakes to unconditionally pay DFO, Chintapalli Division, Chintapalli upon the first written demand from the DFO, Chintapalli Division, Chintapalli, issued through a notice under Registered Post (explicitly understood as invocation of this Guarantee) forthwith the without demur, cavil or argument, any sum or sums within the limit of Rupees ??? only (Rupees . . . . . only), as aforesaid, without the DFO, Chintapalli Division, Chintapalli needing to show or prove any grounds or reasons for demanding the sum specified, and not withstanding any difference of opinion between the DFO, Chintapalli Division, Chintapalli and the Bank / Bidder. It is always understood that the discretion of DFO, Chintapalli Division, Chintapalli regarding breach of any condition or covenant by the Bidder is beyond dispute and shall always be binding upon the Bidder/ Bank. In case of any delay by the Bank in remitting the amounts under the present Guarantee, within 15 days from the date of receipt of notice of demand from the DFO, Chintapalli Division, Chintapalli, the Bank agrees to pay interest at the rate of 16% per annum compounded on quarterly rests from the date of demand, until the date of payment. 3. The Bank hereby waives the necessity of the DFO, Chintapalli Division, Chintapalli demanding the said debt from the Bidder before presenting the Bank with the demand. The Bank also agrees that DFO, Chintapalli Division, Chintapalli shall be entitled to enforce this Guarantee against the bank as a Principal Debtor, without proceeding against the Bidder and not withstanding any security or other Guarantee the DFO, Chintapalli Division, Chintapalli may have in relation to the Bidder?s liabilities. 4. The Bank agrees that no change/ additional/ alteration/ amendment/ modification to the terms of TENDER Document shall in any way release the bank from any liability under this Guarantee, and the Bank hereby waives notice of any such change/ addition/ alteration/ amendment/ modification. 5. This Guarantee shall come into effect immediately upon being signed, sealed and delivered to the DFO, Chintapalli Division, Chintapalli, and shall stand discharged upon declaring the bid non-responsive as per the terms of the TENDER Document. This Guarantee shall remain in full force and effect and shall not be revoked during the validity period of the Bid, which is 12 months from date of submission of bid, provided that the Bank undertakes to give notice to the DFO, Chintapalli Division, Chintapalli, fully thirty days before the end of the validity of this Guarantee, and if such notice is not given, the validity of this Guarantee shall stand extended for a commensurate period after the (delayed) issue of such notice, and provided further that this Guarantee shall continue to subsist till the notice is given under this clause, and period thereafter are satisfied. 6. The obligations of the Bank under this Guarantee shall be continuing obligations and shall not be satisfied, discharged or affected by any intermediate or on-account payment. 7. The obligations of the Bank under this Guarantee are in addition to, and not in substitution for any other security or guarantee which the DFO, Chintapalli Division, Chintapalli may at any time hold for the performance of the Bidder?s obligations under the Project Agreements. 8. Any enforcement or failure to enforce by the DFO, Chintapalli Division, Chintapalli of any other such security or guarantee, shall in no way relive the Bank from its obligations under this Guarantee. 9. The Guarantee shall not be affected by any change in the constitution of the Bidder or the Bank. 10. The neglect, forbearance or waiver of the DFO, Chintapalli Division, Chintapalli in enforcement of payment of any moneys due to the DFO, Chintapalli Division, Chintapalli by the Proposed Bidder, or the grant of any extensions of time by the DFO, Chintapalli Division, Chintapalli to the proposed Bidder for fulfilling its obligations, shall in no way relieve the Bank from its liability under this Guarantee. 11. The bank undertakes to pay to the DFO, Chintapalli Division, Chintapalli any money so demanded, notwithstanding any dispute or disputes raised by the Bidder or the Bank, on any grounds whatsoever, and notwithstanding any suit or proceeding pending before any arbitration panel, tribunal or court, the liability under this present Guarantee is absolute and unequivocal. 12. As the original and independent obligation under this Guarantee, the Bank shall keep the DFO, Chintapalli Division, Chintapalli indemnified against any liability of whatever kind resulting from any of the Proposed Bidder?s obligations under the TENDER Document or becoming void, voidable, unenforceable or ineffective against the Bidder (including without limitation, all legal and other costs, charges and expenses incurred by the DFO, Chintapalli Division, Chintapalli in connection with preserving or enforcing, or attempting to preserve or enforce, its rights under the Project Agreements). The Bank shall pay on demand the amount of such liability whether or not the DFO, Chintapalli Division, Chintapalli has attempted to enforce any right against the Bidder. 13. Provided that the liability of the Bank under this Guarantee shall not exceed the said amount of Rupees --- lakh only (Rupees ------ only) exclusive of interest payable on the amount demanded in the notice till the date of payment to the DFO, Chintapalli Division, Chintapalli and interest there on and it shall remain in force up to and including @ 12% an

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