Bharat Petroleum Corporation Limited

TENDER COVER LETTER

Tender for “Construction of Residential Complex at Plot No.772, TP Scheme No.2, Nanamawa Extension, Rajkot” for Bharat Petroleum Corporation Limited.

Last date/place of submission of completed tender documents: / Sealed tenders to be submitted on or before 22/03/2010 upto 03.00 pm in the tender box kept at the following address:
Dy. General Manager (Admin.)-CO
Bharat Petroleum Corporation Ltd.,
4 & 6 Currimbhoy Road,
Ballard Estate,
Mumbai 400 001
Tender issued to: / M/s. ______
______
______

MODE OF SUBMISSION OF TENDER

The tenderers are requested to submit their offer in the following manner:

i) Envelope marked as "Earnest Money" shall contain the Earnest Money Deposit.

ii) Envelope marked as "Techno-Commercial Bid" shall contain the technical data and other information as given below:

a) Covering letter to tender.

b) Any comments the tenderer desires to make in the form of a statement as brief as possible and with proper reference to items, clause and pages of the tender documents to which the comment pertains.

c) Booklet superscribed "Techno-Commercial Bid" for “Construction of Residential Complex at Rajkot” in the prescribed manner and must be sealed.

iii) Envelope marked as "Price Bid" shall contain only the price bid of the tender booklet superscribed as "Price Bid" for “Construction of Residential Complex at Rajkot” in the prescribed manner and must be sealed.

iv) All three envelopes shall be put in a large envelope of adequate size clearly superscribed as “ Tender for Construction of Residential Complex at Rajkot”. The envelope shall be sealed and sent to the following address on or before 22/03/2010 at 3.00 pm.

Dy. General Manager (Admin.)-CO

Bharat Petroleum Corporation Ltd.,

4 & 6 Currimbhoy Road,

Ballard Estate,

Mumbai 400 001

12

Tender for Construction of Residential Complex at Rajkot

Bharat Petroleum Corporation Limited

NOTICE INVITING TENDER

1.1 Sealed Item Rate tender is hereby invited for “Construction of Residential Complex at Plot No.772, TP Scheme No.2, Nanamawa Extension, Rajkot” for Bharat Petroleum Corporation Limited.

1.2 Tenders shall be submitted in two part bids at the office of the Dy. General Manager (Admin.) - CO, Bharat Petroleum Corporation Ltd., 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 on or before the due date and time. The tenders received late shall be summerarily rejected.

1.3 The tenderer should study the tender documents carefully and understand the conditions, drawings, specifications etc. before quoting. If there are any doubts, he should obtain clarification but this shall not be a justification for late submission or extension of opening date/time of the tenders.

1.4 The tenderer should visit the site and acquaint himself with the site conditions i.e. space available for stacking material & working place, availability of water, electricity, approach roads, construction materials as per specifications, shelter for his staff/labour etc., since these are to be provided/arranged by the tenderer at his cost.

1.5 The tenderer should quote for all items in the tender schedule. The rates should be expressed both in figures and in words, where discrepancy exists between the two, the rates expressed in words will prevail. Similarly if there is any discrepancy between the unit rate and the amount, the unit rate will prevail.

1.6 The rates should be quoted in the same units as mentioned in tender schedule.

1.7 All entries in the Tender Documents should be in ink/typed and corrections, if any, while filling the tender must be attested by dated initials of the tenderer. Over writing of figures shall not be permitted and every page of the tender document shall be signed by the Tenderer or his authorised signatory.

1.8 The rates quoted should be inclusive of all material, labour, water, electricity, power equipment, tools, tackles, centering, shoring, lifts, leads, scaffolding, excise, customs, octroi duties, sales tax, works contract tax, income tax etc. or any other taxes/duties imposed by the Central/State Govt. during the pendency of the contract.

However the tenderer should clearly specify VAT and Service Tax separately.

1.9 The rates quoted shall be valid for a period of six months from the due date of submission of tender documents. Once the quotation is accepted, the rates quoted shall remain firm till entire works are completed in all respects.

1.10 Tenderers shall deposit `Earnest Money' for an amount of 5% of contract amount subject to a maximum of Rs.1,00,000/- (Rupees one lakh only) in the form of a demand draft favouring Bharat Petroleum Corporation Ltd. payable at Mumbai along with the tender. Earnest Money Deposit (EMD) shall be refunded to unsuccessful tenderers, within one month after expiry of validity period of the tender or earlier in case the award of job is finalized before 06 months. Validity period shall be reckoned as 06 months from the due date for opening of the tender. EMD of the successful tenderer will be retained till the commencement of work and adjusted against the Security Deposit. No interest will be payable on EMD. EMD can also be deposited in the form of Bank Guarantee as per the proforma enclosed valid for a period of six months with a claim period of additional 3 months.

1.11 If the tender is submitted on behalf of a Company incorporated under the Companies Act, it shall be signed by the Managing Director or by one of the Directors duly authorised on their behalf and if it is submitted on behalf of a partnership firm it shall be signed with the Co-partnership by a member of the firm who shall sign in his own name and give the name and address of each partner of the firm and attach a copy of power of Attorney with the tender authorizing him to sign on behalf of the other partners.

1.12 Sales or any other taxes, Excise duty or any other duty and Octroi in respect of this contract, prevailing at the time of tender or during execution of the work shall be payable by the Contractor. No claim in this respect shall be entertained by the Employer. However, the building Cess if applicable shall be paid by the Contractor and the same will be reimbursed on the production of the original receipt for the same.

1.13 Canvassing in connection with tenders submitted by the Tenderers who resort to canvassing shall be liable to rejection.

1.14 Tenders containing additional conditions is liable to be rejected.

1.15 Tenders which do not fulfill all or any of the Conditions or are incomplete in any respect are liable to be rejected.

1.16 The acceptance of the tender will rest with Bharat Petroleum Corporation Ltd. who do/does not bind themselves/himself the right to reject any or all the tenders received without assigning any reason or accept the whole or any part of the tender received and the tenderer shall be bound to perform the same at the quoted rates.

1.17 After acceptance of the tender, the tenderer shall sign necessary contract papers within 30 days of the above intimation. In case of any delay, the `Earnest Money' may be forfeited and the tender cancelled or the contract enforced as per the terms of tender and the tenderer shall thus be bound even though the formal agreement as has not been executed and signed within the time by the tenderer.

1.18 The Contractor shall make his own arrangements to procure materials required for the work, make payments to the suppliers, get the materials on site, store & use them as necessary.

1.19 The successful tenderer before commencement of the work shall provide to the Company by way of security, a money deposit or a Bank Guarantee in the standard format provided by the Company for an amount equivalent to 5% of the total tendered value of the works subject to a maximum of Rs. 1,00,000/- (Rupees one lakh only). EMD may be converted into Security Deposit if the tenderer desires so.

Security Deposit will be retained till the successful completion of the work. In case of Security Deposit in the form of a Bank Guarantee, the same shall be kept valid by the tenderer at his own cost till the completion of work under contract and shall be extended from time to time. No interest will be payable on Security Deposit.

TENDER FORM

Dy. General Manager (Admin.)-CO

Bharat Petroleum Corporation Ltd.,

4 & 6 Currimbhoy Road,

Ballard Estate,

Mumbai 400 001

Subject: “Construction of Residential Complex at Rajkot

Dear Sir:

With reference to the tender invited by you for the above proposed work, I/We write this after having;

(a) Examined the designs, drawings, details, specifications, bill of quantities, instructions to the tenderers, draft agreement and the conditions of contract annexed thereto (herein after called the Contract Document) relating to above proposed work.

(b) Visited and examined the site of the proposed work and acquired the requisite information as affecting the tender.

I/We undersigned hereby offer to carry out the proposed work in strict accordance with the contract document for the consideration to be calculated in terms of the priced Bill of the Quantities.

I/We undertake to complete the whole of work as per the attached appendix from the date of issue of an intimation by you that our tender has been accepted and upon receiving possession of the site. I/We further undertake that on failure subject to the conditions of the Contract relating to extension of time, I/We shall pay agreed Liquidated Damages to the employer the sum named in the Appendix of the Conditions of Contract as `Liquidated Damages' for the period during which the work shall remain incomplete.

I/We hereby deposit with you an Earnest Money of 5% of contract value subject to a maximum of Rs. 1,00,000/- in the form of a Demand Draft/Bank Guarantee and I/We do hereby agree that this sum shall be forfeited in the event of the employer accepting the tender and I/We fail to take up the Contract when called upon to do so.


I/We hereby agree that unless and until a formal agreement is prepared and executed in accordance with the Articles of Agreement, the tender together with your letter of acceptance thereof shall constitute a binding contract between us.

It is also clearly understood that the Employer reserves the right to accept or reject any tender including the lowest without assigning any reasons whatsoever for such rejection.

I/We agree to keep the offer open for period of 6 months from the due date of submission of tenders.

Yours faithfully,

(Signature & Seal of the Tenderer)

Place:

Date:


ARTICLE OF AGREEMENT

AN AGREEMENT made this ______day of ______2010 between BHARAT PETROLEUM CORPORATION LIMITED, a Company incorporated in India and having its registered office at "Bharat Bhavan" 4 & 6, Currimbhoy Road, Ballard Estate Mumbai- 400 001 (hereinafter referred to as the "Company") of the one part and ______of ______hereinafter referred to as the "Contractor") of the other part.

WHERE AS IT IS AGREED:

1. The Contractor shall carry out, construct and complete the work “CONSTRUCTION OF RESIDENTIAL COMPLEX at Plot No..772, TP Scheme No.2, Nanamawa Extension, RAJKOT” for the Company on the terms and conditions herein contained and according to the General Conditions of Tender Specifications and Schedule of Rates and plan attached and instructions to be given by and under the supervision of and to the entire satisfaction of the Company's authorised representative and has by way of earnest money deposit/security money deposit for the due fulfillment of the obligations hereunder, lodged with the Company a deposit of Rs. 1,00,000/- (Rupees one lakh only) by a Bank draft as required in Clause 1.10 of the Notice Inviting Tenders to the Company's satisfaction.

2. Inspection of Site: The Contractor has inspected the site before submitting his tender and has satisfied himself as to the nature of the work to be executed on the site. Any difficulties which the Contractor may come across in the course of work shall neither in any way relieve him from fulfilling the terms of this agreement nor entitle him to claim or receive extra payment, unless the Company's authorised representative is of the opinion that such difficulties could not have been foreseen.

3. Supply of Material/Labour: The Contractor shall furnish all labour, materials, equipment, tools, tackles, water, electricity or any other materials necessary for the construction & completion of the work except such materials as will be supplied by the Company which are detailed in the schedule attached hereto. The Contractor will assume all responsibility for the safety, protection & accounting of all material/equipment supplied to the Contractor & the work during construction. The details & dimensions shown on the plan shall be adhered to by the Contractor & no alteration shall be made therein by the Contractor without obtaining previous approval in writing from the authorised representative.

The Contractor shall prepare his own details and shop plans, templates, patterns and other data where required, and shall adhere to all measurements and alignments as shown on the plan. The Contractor shall submit to the office of the Company the periodic progress report and photographs of his work.

All materials supplied by the Contractor shall be of the best quality, conforming to the required specifications and will be subject to the approval of the Company's authorised representative. All such materials as shall not be approved, shall be removed at once by the Contractor at his own expense. The Contractor shall also arrange for and/or carry out any test of the materials, which the Company's authorised representative may from time to time require, if so desired by the Company, the Contractor will frame, in favour of the Company, a guarantee indemnity of a Scheduled Bank, in respect of any loss/damage to the Company, arising from any failure of the Contractor to discharge his responsibility for the safety and protection of all material/equipment supplied by the Company and of the work during execution.