T WORKS
REQUEST FOR PROPOSAL
FOR
SETTING UP OF WELDING INFRASTRUCTURE ON TURNKEY BASIS, INCLUDING SUPPLY, INSTALLATION, TESTING, COMMISSIONING, ALONG WITH THE
REQUIRED ACCESSORIES
Issued by:
The Chief Executive Officer, T-Works, T Works Foundation Corporate Office, 7th Floor, splendid Towers, Indian Airlines Colony, Begumpet, Hyderabad – 500 003. India
www.T Works.telangana.gov.in March 2021
DISCLAIMER
1. The information contained in this RFP document or subsequently provided to Applicants (Firms), whether verbally or in documentary or in any other form by or on behalf of T Works (herein after referred to as T Works/ Authority) or any of its employees or advisers/ consultants, is provided to Applicants on the terms and conditions set out in this RFP document and such other terms and conditions subject to which such information is provided.
2. This RFP is not an agreement and is neither an offer nor invitation by the Authority to the prospective Bidders or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in making their financial offers (Bids) pursuant to this RFP. This RFP includes statements, which reflect various assumptions and assessments arrived at by the Authority in relation to the Works/Project. Such assumptions, assessments and statements do not purport to contain all the information that each Bidder may require. This RFP may not be appropriate for all persons, and it is not possible for the Authority, its employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in the Biding Documents may not be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this RFP and obtain independent advice from appropriate sources.
3. Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which may depend upon interpretation of law. The information given is not intended to be an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein.
4. Though adequate care has been taken in the preparation of this RFP document, the Applicant submitting application should satisfy itself that the document is complete in all respects.
5. T Works and its employees, advisors / consultants make no representation or warranty and shall have no liability to any person including any Applicant under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFP document or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of this RFP document and any assessment, assumption, statement or information contained therein or deemed to form part of this RFP document or arising in any way in this Selection Process.
6. T Works may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumption contained in this RFP document.
7. The issue of this RFP document does not imply that T Works is bound to select an Applicant or to appoint the Selected Applicant, as the case may be, for the Works and the Authority reserves the right to reject all or any of the Proposals without assigning any reasons whatsoever.
8. The Applicant shall bear all its costs associated with or relating to the preparation and submission of its Proposal including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Authority or any other costs incurred in connection with or relating to its Proposal. All such costs and expenses will remain with the Applicant and the Authority shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Applicant in preparation or submission of the Proposal, regardless of the conduct or outcome of the Selection Process.
Schedule of Bidding process
Bidders are invited to submit their Bids online on or before the time and date for submission as indicated below. The Bids submitted after this time and date will not be considered under any circumstances, unless notified by the Authority with full information of the altered time and date.
S N0. Event Description Particulars
1 RFP Reference No. TWORKS//PROC//20-21//EQP//PACKAGE-11 2 Date and time for download
of tender documents
Download Start Date: 22nd March 2021 from 1500 hours IST.
Download End Date 3rd April 2021 up to 1400 hours IST
3 Last Date for receipt of queries, if any
27th March 2021.
Due to prevailing COVID pandemic, no physical Pre-Bid meeting is scheduled; instead, the queries have to be sent at the email ids:
procurement@tworks.in / ceo-tworks@telangana.gov.in /sanjay.tworks@telangana.gov.in.
Bidders may also request for virtual online Pre-Bid meeting by wring at the above email ids.
4 Email Address for Communication
procurement@tworks.in/ ceo-tworks@telangana.gov.in /sanjay.tworks@telangana.gov.in
5 Contact Person Details Mr. Hemanth Yerragudi. +91-9030745236 6 Bid Due date / Bid
Submission date
16.00 hours IST on 6th April 2021
7
Date & Time for opening of Pre-qualification & Technical Bid
On Bid Due Date; Time 16.30 hours IST
8 Date & Time of opening of Financial Bid
After evaluation of Pre-qualification & Technical Bid.
Will be intimated to the Bidders who satisfy all the stages of pre-qualification and technical bid.
9 Processing fee (Non- Refundable)
All the bidders have to pay a transaction fee of
Rs.5,000/- +GST @ 18% aggregating to Rs.5,900/- in favor of T Works Foundation.
Mode of payment: e-payment.
The transaction fee has to be paid through electronic gate way payment system to T Works Foundation, by each participating Bidder at the time of Bid submission.
The account details are as furnished hereunder:
Name: T Works Foundation Bank: IDBI Bank
Branch: Secunderabad A/c No. 0297102000014960 A/c Type: Current Account IFSC Code: IBKL0000297.
10 Earnest Money Deposit (Refundable)
Rs.74,000/- (Rupees Seventy-Four Thousand only) through online payment.
Name: T Works Foundation Bank: IDBI Bank
Branch: Secunderabad A/c No. 0297102000014960 A/c Type: Current Account IFSC Code: IBKL0000297.
In case the Bidder is an NSIC / MSME registered firm, it can submit the same to claim EMD exemption and in that case the certification should be valid until 30th April 2022.
11 T-Works GST Number 36AAGCT5202L1Z9
12 Bid Validity Period 90 days from the Bid Due Date.
2. The interested bidders may download the Bid Documents from the e procurement web site www.tender.telangana.gov.in.
The bidders need to contact procurement@tworks.in for information on e-procurement.
3. Procedure for Bid Submission
a. The Bidders need to register on the electronic procurement marketplace of Government of Telangana State, at www.eprocurement.gov.in. On registration on the e-procurement marketplace they will be provided with a user ID and password by the system using which they can submit their Bids online.
The Bidders shall submit their eligibility and qualification documents, Technical bid, Financial bid etc., in the standard formats prescribed in the Tender documents, displayed in e-procurement web site. The bidder shall upload the scanned copies of all the relevant certificates, documents etc., in support of their eligibility / criteria / technical bids in the e-procurement web site. The Bidder shall sign on the statements, documents, certificates, uploaded by him owing responsibility for their correctness / authenticity.
The Technical bids of the bidders will be evaluated based on the certificates / documents uploaded online only towards the qualification criteria furnished by the bidders. The detailed procedure for Bid submission is described in bid documents.
b. While registering on the e-procurement marketplace, bidders need to scan and upload the required documents as per the tender requirements on to their profile.
c. The e-procurement marketplace provides an online self-service registration facility to such of the vendors who are already registered with respective participating departments for supply of specified goods and services.
3.
a. All the Bidders shall invariably upload the scanned copies of payment acknowledgement in e-procurement system and this will be the primary requirement to consider the Bid as responsive.
b. The CEO, T Works or his representative or Technical Bid Evaluation Committee, in case appointed, shall carry out the technical bid evaluation solely based on the uploaded certificates / documents towards EMD in the e-procurement system and open the price Bids of the responsive Bidders.
c. The CEO, T Works will notify the Selected Bidder for submission of original hard copies of all uploaded documents, BG towards EMD prior to entering the Agreement.
d. The Selected Bidder shall invariably furnish the payment acknowledgement towards EMD, certificates/documents of the uploaded scanned copies to the Authority before entering the Agreement either personally or through courier or post and the receipt of the same within the stipulated date shall be the responsibility of the Selected Bidder. The CEO, T Works will not take any responsibility for any delay in receipt / non-receipt of original BG towards EMD certificates/documents, from the Selected Bidder before the stipulated time. On receipt of documents, the CEO, T Works shall verify the BG towards EMD and all other certificates / documents uploaded by the bidder in e-procurement system in support of the qualification criteria before concluding the Agreement.
e. If Selected Bidder fails to submit the original Hard Copies of uploaded certificates / Documents, EMD payment details within the stipulated time or if any variation is noticed between the uploaded documents and the hard copies submitted by the Bidder, the Selected Bidder will be suspended from participating in the tenders on e-procurement platform for a period of 3 years. The e-procurement system would deactivate the user ID of such defaulting Selected Bidder based on the trigger/recommendation by the 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. The information to this extent may be displayed in the e-procurement platform website.
T Works reserves the right to modify the above Schedule of Bidding Process at any time during the Bidding Process at its sole discretion without assigning any reason or being liable for the same in any manner whatsoever.
GLOSSARY
Authority As defined in clause 1.1.1
Bid(s) As defined in clause 3.2
Bidders As defined in clause 1.2.2
Bidding Documents As defined in clause1.1.5 Bid Due Date As defined in clause1.1.5 Bidding Process As defined in clause 1.2.1
Bid Price As defined in Clause 1.2.6
Bid Stage As defined in clause 3.1
Earnest Money Deposit As defined in clause 1.2.4
GoI Government of India
GoT Government of Telangana LCS As defined in clause 1.2.1 Lowest Bidder As defined in clause 1.2.6
LOA As defined in clause 4.6.3
RFP or Request for Proposal As defined in the disclaimer Qualification Stage As defined in Clause 3.1 Rs. or INR Indian Rupee
Selected Bidder As defined in clause 4.6.1
Sole Firm As defined in Clause 3.1.12
Supplier As defined in Clause 1.1.2
Supply Agreement As defined in clause 1.1.2
Works As defined in Clause 1.1.1
The words and expressions beginning with capital letters and defined in this document shall, unless repugnant to the context, have the meaning ascribed thereto herein above.
INVITATION FOR PROPOSALS 1. SECTION 1: INTRODUCTION
1.1. Background
1.1.1. Telangana is one of the most preferred IT destinations in India, ranking second in terms of IT exports. The Government strives to further strengthen this position and establish itself as the most preferred technology investment destination in the country, not only in the area of IT/ITeS but also in Electronics.
In this context, it is pertinent to note that of late the differentiation between hardware and software is diminishing. Going forward, hardware will be an indispensable component in product development due to the advent of Internet of Things (IoT) and other technologies.
Accordingly, to create an ecosystem of product development and manufacturing in electronics, electromechanical and mechanical domains, Department of ITE&C of Government of Telangana initiated setting up of a world class prototyping facility which will also house an incubation Centre and a skill development Centre. This facility is called T Works, India’s largest prototyping Centre for electronics, electromechanical and mechanical start- ups. The Vision is to create and celebrate the culture of makers, doers, creators, tinkerers and inventors in India.
T Works is an 78,000,000 sq. ft. dedicated incubation facility for hardware makers and entrepreneurs located in Hyderabad. In addition to developing new infrastructure, T Works will foster an ecosystem for hardware products by leveraging the existing manufacturing and prototyping infrastructure available across the region. This includes creating a dense and networked ecosystem of manufacturing service providers.
Objectives
➢ Facilitate entrepreneurs to design, develop, and test innovative hardware products in the areas of electronics, mechanical, mechatronics through active collaboration with industry, academia, investors, experts, and other stakeholders.
➢ Facilitate hardware startups to scale through active collaboration with manufacturing services.
➢ Facilitate talent development and up-skilling to produce talented workforce for hardware startups and manufacturing industry.
T Works (the “Authority”) now invites proposals for procurement of Machines along with Accessories for Welding Centre at T Works (the “Machines”) on “Supply, Installation, Testing
& Commissioning” basis, and has accordingly decided to carry out the Biding process for selection of a private party to whom the supply of the machine may be awarded. Brief particulars of the works (“the Works”) are as under:
Scope of Work Project Location Machine Details Supply, Installation, Testing &
Commissioning of Machines along with Accessories for Welding Centre at T Works along with three years warranty.
T Works, Plot 1/D, 1/E, 1/F, Survey No. 83/1, Raidurgam, Ranga Reddy District, Hyderabad – 500 032.
As provided in List of Requirements
(Section 7).
1.1.2. The Selected Bidder (the “Supplier”) shall be responsible for Supply, installation, testing &
commissioning of the Machines in accordance with the provisions of the Supply Agreement (the “Supply Agreement”) to be entered into between the Selected Bidder (the Supplier) and the Authority.
1.1.3. The Supply Agreement sets forth the detailed terms and conditions for award of the Works to the Supplier, including the Supplier’s services and obligations.
1.1.4. The statements and explanations contained in this RFP are intended to provide a better understanding to the Bidders about the subject matter of this RFP and should not be construed or interpreted as limiting in any way or manner the scope of services and obligations of the Supplier set forth in the Supply Agreement (Contract Form) or the Authority’s rights to amend, alter, change, supplement or clarify the defined work, the work to be awarded pursuant to this RFP or the terms thereof or herein contained. Consequently, any omissions, conflicts or contradictions in the Biding Documents including this RFP are to be noted, interpreted and applied appropriately to give effect to this intent, and no claims on that account shall be entertained by the Authority.
1.1.5. The Authority shall receive Proposals pursuant to this RFP in accordance with the terms set forth in this RFP and other documents to be provided by the Authority pursuant to this RFP, as modified, altered, amended and clarified from time to time by the Authority (collectively the “Bidding Documents”), and all Bids shall be prepared and submitted in accordance with such terms on or before the date specified in Clause 1.3 for submission of Bids (the “Bid Due Date”).
1.2. Brief description of Bidding Process
1.2.1. Tenders are invited on e-procurement platform under lumpsum basis on Single Stage two envelope system (referred to as the “Bidding Process”) and the Eligibility Criteria for the Works would be as defined in this RFP. The Bidder will be selected under Least Cost Selection (the “LCS”) method, i.e., lowest Bid Price as described in this RFP.
1.2.2. Interested Bidders (the “Bidders”) are being called upon to submit their Bid in accordance with the terms specified in this Biding Documents. The Bid shall be valid for a period of not less than 90 (Ninety) days from the date specified in Clause 1.3, for submission of Bids, the
“Bid Due Date”.
1.2.3. The Bidding Documents include the RFP and any other document issued by the Authority in relation to this Works. The aforesaid documents and any addenda issued subsequent to this RFP, will be deemed to form part of the Biding Documents.
1.2.4. A Bidder is required to submit along with its Bid, an Earnest Money Deposit of Rs.74,000/- (Rupees Seventy Four Thousand only) (the “Earnest Money Deposit”) refundable not later than 60 (sixty) days from the Bid Due Date, except in the case of the Selected Bidder whose Earnest Money Deposit shall be retained till it has provided a Performance Security under the Supply Agreement. The Bidders will have to provide Earnest Money Deposit by online payment through net-banking / debit card / credit card. The Bid shall be summarily rejected if it is not accompanied by the Earnest Money Deposit.
1.2.5. Bidders are advised to examine the Works in greater detail and to carry out, at their cost, proper due diligence of the Project including such studies as may be required for submitting their respective Bids.
1.2.6. Bids would be evaluated on the basis of the lowest Bid Price (the “Bid Price”). In this regard, please note that Bid Price is the Supply & Commissioning price along with three years warranty for the Machines, as quoted by the Bidder in its Bid.
Subject to Clause 2.14, the Project will be awarded to the Bidder quoting the lowest Bid Price.
In this RFP, the term “Lowest Bidder” shall mean the Bidder who’s Bid Price is the lowest.
1.2.7. Generally, the Lowest Bidder shall be the Selected Bidder. The remaining Bidders shall be kept in reserve and may, in accordance with the process specified in Clause 3 of this RFP, be invited to match the Bid submitted by the Lowest Bidder in case such Lowest Bidder withdraws or is not selected for any reason. In the event that none of the other Bidders match the Bid of the Lowest Bidder, the Authority may, in its discretion, either invite fresh Bids from the remaining Bidders or annul the Biding Process.
1.3. Schedule of Bidding Process
The Authority shall endeavor to adhere to the following schedule:
S No. Event Description Date
1 Last date for receiving queries 27th March 2021 2 Authority response to queries 30th March 2021
3 Bid Due Date 06th April 2021 (16:00 hours IST)
4 Opening of pre-qualification & Technical Bids On Bid Due Date (16:30 hours IST)
5 Opening of Price Bid Intimated at a later date
6 Letter of Award (LOA) 7 days after opening of Price Bid
7 Validity of Bids 90 days of Bid Due Date
8 Signing of Supply Agreement Within 7 days of award of LOA 2. SECTION 2: INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. General terms of Biding
2.1.1. No Bidder shall submit more than one Bid.
2.1.2. Notwithstanding anything to the contrary contained in this RFP, the detailed terms specified in the Supply Agreement (details as provided in Contract Form) shall have overriding effect;
provided, however, that any conditions or obligations imposed on the Bidder hereunder shall continue to have effect in addition to its obligations under the Supply Agreement.
2.1.3. The Bid should be furnished in the formats as specified in the appendices. Bid amount shall be indicated clearly in both figures and words, in Indian Rupees, and signed by the Bidder’s authorized signatory. In the event of any difference between figures and words, the amount indicated in words shall be taken into account. The Bidders should ensure that all the information required to be provided by them under the Biding Documents is included in their Bid whether or not a particular format specified herein makes provision for submission of such information and/or whether or not a format for submission of such information is incorporated in the Biding Documents.
2.1.4. The Bidder who quotes for the Machines manufactured by other manufacturer shall furnish Manufacturer’s Authorization Form as per the format at Appendix X.
2.1.5. Performance Statement as per Appendix III along with relevant copies of orders and end users’ satisfaction certificates have to be enclosed.
2.1.6. The Machinery details including Make, Model, etc., without prices to be submitted along with Technical Bid.
2.1.7. Self-attested copies of GST registration certificate and PAN Card to be submitted.
2.1.8. The Bidder should submit a Power of Attorney as per the format at Appendix–V, authorizing the signatory of the Bid to commit the Bidder.
2.1.9. Any condition or qualification or any other stipulation contained in the Bid shall render the Bid liable to rejection as a non-responsive Bid.
2.1.10. The Bid and all communications in relation to or concerning the Biding Documents and the Bid shall be in English language.
2.1.11. The Bidding Documents including this RFP and all attached documents, provided by the Authority are and shall remain or become the properties of the Authority and are transmitted to the Bidders solely for the purpose of preparation and the submission of a Bid in accordance herewith. Bidders are to treat all information as strictly confidential and shall not use it for any purpose other than for preparation and submission of their Bid.
2.1.12. Any award of work pursuant to this RFP shall be subject to the terms of Biding Documents.
2.1.13. The Bidder should be a sole firm (the “Sole Firm”) only and Consortium/Joint Venture is not allowed.
2.1.16. Any entity which has been barred by the Central/State Government, or any entity controlled by it, from participating in any project, and the bar subsists as on the date of the Bid, would not be eligible to submit the Bid.
2.1.17. A Bidder or Associate should, in the last 3 (three) years, have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Bidder, or Associate, as the case may be, nor has been expelled from any project or contract by any public entity nor have had any contract terminated any public entity for breach by such Bidder, or Associate.
Authority would place sole reliance on the certification provided by the Bidder in this regard in its letter comprising the Technical Bid.
2.1.18. If any services, functions or responsibilities not specifically described in this RFP are inherent, necessary or customary part of the deliverables or services and are required for proper performance or provision of the deliverables or services in accordance with this RFP, they shall be deemed to be included within the scope of the deliverables or services, as if such services, functions or responsibilities were specifically required and described in this RFP and shall be provided by the Bidder.
2.2. QUALIFICATION CRITERIA 2.2.1. ELIGIBILITY:
1. Status: The Bidder should be a Manufacturer or its authorized Agent (Dealer / Distributor).
The registration certificates with concerned authorities or any other document to establish the status of the Bidder have to be furnished.
2. Turnover: Eligible Bidders should have a minimum average annual turnover of Rs. 1.20 crore during the three financial years of 2016-17, 2017-18, 2018-19 as the proposed Contract requires superior quality standards, short notice supply schedule and higher financial capacity to cope up with performance requirements.
3. Minimum Work of Similar Nature: Eligible Bidders should have successfully supplied / executed 3 (Three) similar nature of works on turnkey basis in the last three financial years as on Bid Due Date. Copies of Work Orders / Completion Certificates have to be furnished.
4. The bid should be submitted on turnkey basis, all the items need to be quoted as per the technical specifications mentioned, any short fall during the submission of bid will not be entertained to the next stage of tendering process.
The setting up of facility should be on turnkey basis, the term turnkey refers to supply, installation, testing, commissioning, and setting up of necessary accessories such as welding tables with clamps and fixtures, fume extractors, welding shields, in welding shops as a package.
In this regard, the Bidder must furnish a “Brief Write up” covering aspects of make, model and other details of Machine proposed for the Project along with adequate data explaining the Bidder’s capacity to perform the Contract covering all the aspects of the RFP with supporting documents.
Write up to include detailed technical documentation, references to various industry standards to which the Machine and the services included in Bidder’s offer conform, and other literature concerning the proposed Machine. The Bidders should also identify areas in which their product conforms to open standards and areas that are proprietary in nature.
Justification about proprietary components in terms of functionality and performance shall be given.
5. Certificates / Registrations: 1. EPF Registration Certificate, 2. ESI Registration Certificate, 3.
PAN Card and GST Registration and 4. Contract Labour (Regulation & Abolition) Act, 1970 Registration, as applicable.
6. Office in India: The Bidder must have office/offices in India (preferably in South India) at the time of submitting Bid. The Bidder should also have an Authorized Service Centre in India with Service Engineer(s) and other technical staff as required to attend to service requests during Warranty Period. Proof of having office / Authorized Service Centre in India and proof of service rendered to at least three clients in the last three years along with their (clients) contact details must be submitted along with the Bid. Work completion certificate and in case of ongoing works progress certificates have to be submitted to demonstrate the service delivery to Indian clients.
6. Manufacturer Authorization: Eligible Bidders quoting as an Agent of a Manufacturer should submit a mandatory letter of authority from the Manufacturer as per the format at Appendix – X as given in the RFP.
Note: The Bidder must clearly spell out in its Bid, the Machine details with the technical configuration / specification vis-à-vis the RFP requirements. The Bidders shall have to submit suitable catalogues for power source, torch, welding helmet and control panel, clearly mentioning the make, model and specification of the equipment. Offers without catalogue shall be summarily rejected. The Bidder / Manufacturer of the quoted product / Machine is binding legally as per the contract including the warranty.
Bidder who meets all the qualification criteria needs to quote directly. If the Indian subsidiary of a foreign firm is meeting all the qualification Criteria, they can quote directly, and they may mention in their Bid that services will be rendered through their Indian Subsidiaries only. The Bidder will be entirely responsible for execution of the contract as per terms and conditions of the RFP.
*Necessary documents such as work orders, work completion certificates, etc., have to be submitted to the satisfaction of the Authority.
**The Authority reserves the right for a free demonstration at a pre-determined place at the cost of the Bidder/inspection of similar Machines installed in India of the quoted Machine for technical acceptability as per the tender specifications, before opening of the Price Bid.
*** Any minor deviations from the defined Specifications in the RFP is as approved by the Technical Bid Evaluation Committee. Please note that the decision of the Technical Bid Evaluation Committee is final in this regard and no correspondence whatsoever shall be entertained.
Please note that only those Bidders who comply with the eligibility Criteria (both pre-qualification
& Technical Bid) as set out in this Clause 2.2.1.
2.3. Cost of Bidding
The Bidders shall be responsible for all of the costs associated with the preparation of their Bids and their participation in the Biding Process. The Authority will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Biding Process.
2.4. Site visit and verification of information
2.4.1. Bidders are encouraged to submit their respective Bids after visiting the Project Site and ascertaining for themselves the conditions at the Project Site, surroundings, availability of power, water & other utilities, access to the Site, handling and storage of any materials, applicable laws and regulations and any other matter considered relevant by them. No financial claims for such visits and for collection of information shall be reimbursable. The Bidders can contact at email id: procurement@tworks.in for any help in logistics.
2.4.2. It shall be deemed that by submitting a Bid, the Bidder has:
a. made a complete and careful examination of the Biding documents.
b. received all relevant information requested from the Authority.
c. accepted the risk of inadequacy, error or mistake in the information provided in the Biding documents or furnished by or on behalf of the authority relating to any of the matters referred to in clause 2.4.1 above.
d. satisfied itself about all matters, things and information including matters referred to in clause 2.4.1 hereinabove necessary and required for submitting an informed Bid, execution of the project in accordance with the Biding documents and performance of all of its obligations thereunder.
e. acknowledged and agreed that inadequacy, lack of completeness or incorrectness of information provided in the Biding documents or ignorance of any of the matters referred to in clause 2.4.1 hereinabove shall not be a basis for any claim for compensation, damages, extension of time for performance of its obligations, loss of profits etc. from the Authority, or a ground for termination of the Supply Agreement by the Supplier.
f. acknowledged that it does not have a conflict of interest; and
g. agreed to be bound by the undertakings provided by it under and in terms hereof.
2.4.3. The Authority shall not be liable for any omission, mistake or error in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to RFP, the Bidding Documents or the Bidding Process, including any error or mistake therein or in any information or data given by the Authority.
2.5. Verification and Disqualification
2.5.1. The Authority reserves the right to verify all statements, information and documents submitted by the Bidder in response to the RFP or the Bidding Documents and the Bidder shall, when so required by the Authority, make available all such information, evidence and documents as may be necessary for such verification. Any such verification, or lack of such verification, by the Authority shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect any rights of the Authority there under.
2.5.2. The Authority reserves the right to reject any Bid and appropriate the Earnest Money Deposit if:
a. at any time, a material misrepresentation is made or uncovered, or
b. The Bidder does not provide, within the time specified by the Authority, the supplemental information sought by the Authority for evaluation of the Bid.
2.5.3. Such misrepresentation/ improper response shall lead to the disqualification of the Bidder. If such disqualification / rejection occurs after the Bids have been opened and the Selected Bidder gets disqualified / rejected, then the Authority reserves the right to:
i. Invite the second, third and so on ranked Bidders to submit their Bids in accordance with Clause 3.6.1; or
ii. Take any such measure(s) as may be deemed fit in the sole discretion of the Authority, including annulment of the Biding Process.
2.5.4. In case it is found during the evaluation or at any time before signing of the Supply Agreement or after its execution and during the period of subsistence thereof, that one or more of the pre-qualification conditions have not been met by the Bidder, or the Bidder has made material misrepresentation or has given any materially incorrect or false information, the Bidder shall be disqualified forthwith if not yet appointed as the Supplier either by issue of the LOA or entering into the Supply Agreement, and if the Selected Bidder has already been issued the LOA or has entered into the Supply Agreement, as the case may be, the same shall, notwithstanding anything to the contrary contained therein or in this RFP, be liable to be terminated, by a communication in writing by the Authority to the Selected Bidder or the Supplier, as the case may be, without the Authority being liable in any manner whatsoever to the Selected Bidder or Supplier. In such an event, the Authority shall be entitled to forfeit and appropriate the Earnest Money Deposit or Performance Security, as the case may be, as Damages, without prejudice to any other right or remedy that may be available to the Authority under the Biding Documents and/ or the Supply Agreement, or otherwise.
Incomplete Bids or Bids not fulfilling any of the conditions specified in the RFP document are liable to be rejected without assigning any reason.
B. DOCUMENTS
2.6. Contents of the RFP
2.6.1. This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below, and will additionally include any Addenda issued in accordance with Clause 2.8.
Invitation for Proposals Section 1. Introduction
Section 2. Instructions to Bidders Section 3. Evaluation of Bids
Section 4. Fraud and Corrupt Practices Section 5. Miscellaneous
Section 6: General Conditions of the Contract Section 7: List of Requirements
Section 8: Technical Specifications.
Appendices
I. Letter comprising Bid II. Details of Bidder III. Performance statement IV. Undertaking
V. Power of Attorney for signing of Bid VI. Anti-Collusion Certificate
VII. Price Bid
VIII. Quality Control Requirements IX. Manufacturer’s Authorization Form X. Bank Guarantee for Performance Security
XI. Contract Form A & Contract Form B XII. Authority Receipt Certificate
XIII. Final acceptance Certificate by the Authority.
2.7. Clarifications
2.7.1. Bidders requiring any clarification on the RFP may notify the Authority in writing and by e- mail at procurement@tworks.in. They should send in their queries on or before the date mentioned in the Schedule of Bidding Process specified in Clause 1.3. The Authority shall endeavour to respond to the queries within the period specified therein, but no later than 10 (ten) days prior to the Bid Due Date. The responses will be placed in the e-procurement portal The Authority will forward all the queries and its responses thereto, to all Bidders without identifying the source of queries.
2.7.2. The Authority shall endeavour to respond to the questions raised or clarifications sought by the Bidders. However, the Authority reserves the right not to respond to any question or provide any clarification, in its sole discretion, and nothing in this Clause shall be taken or read as compelling or requiring the Authority to respond to any question or to provide any clarification.
2.7.3. Requests for additional information, or any delay in complying with such requests, shall not, however, in any way affect the obligation of the Bidder to send the complete Bids by the deadline indicated above.
2.7.4. The Authority may also on its own motion, if deemed necessary, issue interpretations and clarifications to all Bidders. All clarifications and interpretations issued by the Authority shall be deemed to be part of the Bidding Documents. Verbal clarifications and information given by Authority or its employees or representatives shall not in any way or manner be binding on the Authority.
2.8. Amendment of RFP
2.8.1. At any time prior to the Bid Due Date, the Authority may, for any reason, whether at its own initiative or in response to clarifications requested by a Bidder, modify the RFP by the issuance of Addenda.
2.8.2. Any Addendum issued hereunder will be in writing and shall be placed in e-procurement portal / Authority’s website.
2.8.3. In order to afford the Bidders a reasonable time for taking an Addendum into account, or for any other reason, the Authority may, in its sole discretion, extend the Bid Due Date.
C. PREPARATION AND SUBMISSION OF BIDS 2.9. Format and Signing of Bid
2.9.1. Bidder shall in its Bid provide all the information sought under the Bidding Documents. The Authority will evaluate only those Bids that are received in the required formats and complete in all respects.
2.9.2. All the pages of Bid including brochures / technical literature should be made in an organized, structured, and neat manner. Brochures / leaflets etc. should not be submitted in loose form.
The Bid and its copy shall be typed or written in indelible ink and signed by the authorised signatory of the Bidder who shall also initial each page, in blue ink. In case of printed and published documents, only the cover shall be initialled. All the alterations, omissions, additions or any other amendments made to the Bid shall be initialled by the person(s) signing the Bid.Bids with erasing / overwriting / cutting which are without authentication will be liable for rejection.
2.10. Submission of Bids
2.10.1. Bidders need to register on the electronic procurement marketplace of Government of Telangana i.e., “www.tender.telangana.gov.in”. While registering on the e-procurement marketplace, Bidders need to scan and upload the required documents as per the tender requirements on to their profile. On registration on the e-Procurement marketplace they will be provided with a user ID and password by the system using which they can submit their bids online.
2.10.2. Registration with e-procurement platform:
For registration and online bid submission, Bidders may contact HELP DESK of M/s. Vupadhi Techno services. @ contact No. 7337445546, www.tender.telangana.gov.in or http://tender.telangana.gov.in.
2.10.3. Digital Certificate authentication:
The Bidder shall authenticate the Bid with his digital certificate for submitting the Bid electronically on e-procurement platform and the Bids not authenticated by digital certificate of the Bidder will not be accepted on the e-procurement platform.
All the bidders need to obtain Digital Certificates from TSTS: For obtaining Digital Signature Certificate, Please Contact:
Telangana State Technology Services Limited:
5/10/193, NH65, Ambetkar Colony,
Adarsh Nagar, Hyderabad, Telangana, 500 457.
2.10.4. The Bidders shall submit their eligibility and qualification documents, Technical bid, Financial bid etc., in the standard formats prescribed in the Tender documents, displayed in e- procurement portal. The Bidder shall upload the scanned copies of all the relevant certificates, documents etc., in support of their eligibility / criteria / technical bids in the e- procurement web site. The Bidder shall sign on the statements, documents, certificates, uploaded by him owing responsibility for their correctness / authenticity.
2.10.5. Duly filled in Price Bid as per format provided in the portal is to be uploaded. The Price Bid format is provided in the excel sheet along with other Bidding Documents in the e- procurement portal.
Bidders are advised to download the Price Bid format as it is and quote their offer /price in the permitted cells and upload the same in the Price Bid. Please note that the Bidders shall not tamper / modify the downloaded Price Bid template in any manner.
2.10.6. The technical bid evaluation of the Bidders will be done on the certificates / documents uploaded through online only towards qualification criteria furnished by the bidders.
2.10.7. Only the Selected Bidder shall hand over the original copies of all the uploaded documents, payment acknowledgement receipts / BG towards Bid Security prior to entering into agreement as per or his authorized representative directly or through his agent or by Registered post or by Courier service. T Works will not take any responsibility for any delay or non-receipt.
The bidder is requested to get a confirmed acknowledgement from the Authority as a proof of Hard copies submission to avoid any discrepancy. The bidder has to attach the required documents after uploading the same as required by Authority in its tender conditions.
2.10.8. The Selected Bidder shall furnish the original hard copies of all the documents / certificates/statements uploaded by him before concluding the Agreement.
2.10.9. The Bidders shall be required to furnish a declaration in online stating that the soft copies uploaded by them are genuine. Any incorrectness/ deviation noticed will be viewed seriously apart from cancelling the work duly forfeiting the Bid Security, criminal action will be initiated including suspension of business.
2.10.10. The Selected Bidders found defaulting in submission of hard copies of for EMD/ Transaction fee and other uploaded documents to the Authority before concluding the Agreement will be suspended/ disqualified from participating in tenders on e-procurement platform for a period of 12 months.
2.10.11.Steps for registration and submission of Bids are described in detail in the “Bidders Training Booklet” available with the Authority as well as at the above web site.
2.11. Tender opening
Tender opening will be as per the e-procurement procedures.
2.12. Process to be Confidential
After opening of the Bids, information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the award of contract shall not be disclosed to the Bidders or other persons not officially concerned with such process until the award of the contract to Selected Bidder has been announced.
Any effort by a Bidder to influence T Works in process of examination clarification evaluation comparison of bids and in decision concerning the award of contract may result in rejection of tender.
2.13. Clarification of Bids
To assist in examination, evaluation of tenders the T Works may ask Bidders individually for clarification of their offer including break down of costs, reasons in case of very high/very low offer. Such request shall be in writing and the response shall also be in writing. Save and except as provided in this RFP, the Authority shall not entertain any correspondence with any Bidder in relation to acceptance or rejection of any Bid.
2.14. Tender liable for rejection
The tender is likely to be rejected if on opening it is found that:
a. the Bidder has not strictly followed the procedure laid down for submission of tender.
b. the Bidder has proposed conditions which are inconsistent with or contrary to the terms and conditions specified.
c. Additions, corrections or alteration are made by the Bidder on any page of the tender document.
d. Any page or pasted slips are missing.
e. the Bidder has not signed the tender.
f. the Bidder has specified any additional condition.
g. the Bidder has not attached the addendum to the main tender.
h. In case the technical proposal of Bidder who has quoted lowest price and who has satisfied other criteria is not conforming to the stipulations made, the Bidder without revising the cost shall modify the same to conform to the stipulations. If the Bidder refuses to modify this then the tender shall be treated as non-responsive and rejected.
i. The Bidder has quoted financial offer anywhere other than specified in Financial Bid.
2.15. Bid Due Date
2.15.1. Bids should be submitted online before 16:00 hours IST on the Bid Due Date in the manner and form as detailed in this RFP.
2.15.2. The Authority may, in its sole discretion, extend the Bid Due Date by issuing an Addendum in accordance with Clause 2.8 uniformly for all Bidders.
2.16. Late Bids
Bids received by the Authority after the specified time on the Bid Due Date shall not be eligible for consideration and shall be summarily rejected.
2.17. Modifications/Substitution/Withdrawal of Bids
2.17.1. The Bidder may modify, substitute or withdraw its Bid after submission prior to the Bid Due Date. No Bid shall be modified, substituted or withdrawn by the Bidder after the Bid Due Date.
Any alteration/ modification in the Bid or additional information supplied subsequent to the Bid Due Date, unless the same has been expressly sought by the Authority, shall be disregarded.
2.18. Rejection of Bids
2.18.1. Notwithstanding anything contained in this RFP, the Authority reserves the right to reject any Bid and to annul the Biding Process and reject all Bids at any time without any liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons thereof. In the event that the Authority rejects or annuls all the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids hereunder.
2.18.2. The Authority reserves the right not to proceed with the Biding Process at any time, without notice or liability, and to reject any Bid without assigning any reasons.
2.19. Validity of Bids
The Bids shall be valid for a period of not less than 90 (Ninety) days from the Bid Due Date.
The validity of Bids may be extended by mutual consent of the respective Bidders and the Authority.
D. EARNEST MONEY DEPOSIT 2.20. Earnest Money Deposit
2.20.1. The Bidder shall furnish as part of its Bid, an Earnest Money Deposit referred to in Clauses 2.1.4 and 2.1.5 hereinabove by online payment through net-banking / debit card / credit card.
For the avoidance of doubt, Scheduled Bank shall mean a bank as defined under Section 2(e) of the Reserve Bank of India Act, 1934.
2.20.2. The Authority shall not be liable to pay any interest on the Earnest Money Deposit so made and the same shall be interest free.
2.20.3. Any Bid not accompanied by the Earnest Money Deposit and the payment towards the processing fee shall be summarily rejected by the Authority as non-responsive.
2.20.4. Save and except as provided in Clause 1.2.4 above, the Earnest Money Deposit of unsuccessful Bidders will be returned by the Authority, without any interest, as promptly as possible on acceptance of the Bid of the Selected Bidder or when the Biding process is cancelled by the Authority, and in any case within 60 (sixty) days from the Bid Due Date.
Where Earnest Money Deposit has been paid by online transfer, the refund thereof shall be in the form of an account payee demand draft in favour of the unsuccessful Bidder(s). Bidders may by specific instructions in writing to the Authority give the name and address of the person in whose favour the said demand draft shall be drawn by the Authority for refund, failing which it shall be drawn in the name of the Bidder and shall be mailed to the address given on the Bid.
2.20.5. The Selected Bidder’s Earnest Money Deposit will be returned, without any interest, upon the Supplier signing the Supply Agreement and furnishing the Performance Security in accordance with the provisions thereof. The Authority may, at the Selected Bidder’s option, adjust the amount of Earnest Money Deposit in the amount of Performance Security to be provided by him in accordance with the provisions of the Supply Agreement.
2.20.6. The Authority shall be entitled to forfeit and appropriate the Earnest Money Deposit as Damages inter alia in any of the events specified in Clause 2.19.7 herein below. The Bidder, by submitting its Bid pursuant to this RFP, shall be deemed to have acknowledged and confirmed that the Authority will suffer loss and damage on account of withdrawal of its Bid or for any other default by the Bidder during the period of Bid validity as specified in this RFP.
No relaxation of any kind on Earnest Money Deposit shall be given to any Bidder.
2.20.7. The Earnest Money Deposit shall be forfeited as Damages without prejudice to any other right or remedy that may be available to the Authority under the Biding Documents and/ or under the Supply Agreement, or otherwise, if
a. a Bidder submits a non-responsive Bid.
b. a Bidder engages in a corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice as specified in Clause 4 of this RFP.
c. a Bidder withdraws its Bid during the period of Bid validity as specified in this RFP and as extended by mutual consent of the respective Bidder(s) and the Authority.
d. the Selected Bidder fails within the specified time limit – i. to sign and return the duplicate copy of LOA; or ii. to sign the Supply Agreement; or
iii. to furnish the Performance Security within the period prescribed in this document.
e. The Selected Bidder, having signed the Supply Agreement, commits any breach thereof prior to furnishing the Performance Security.
3. SECTION 3: EVALUATION OF BIDS 3.1. Evaluation of Bids
3.1.1. The opening of Bids will be as per the e-procurement procedures The Technical Bid Evaluation Committee constituted by the Authority will subsequently examine and evaluate the Bids in accordance with the provisions set out in this Section 3.
3.1.2. To facilitate the evaluation of Bids, the Authority may, at its sole discretion, seek clarifications in writing from any Bidder regarding its Bid.The Bidder has to respond to the Authority and submit the relevant proof /supporting documents required against clarifications, if applicable. The request for such clarifications and the Bidders response will necessarily be in writing and it should be submitted within the time frame stipulated by the Authority.
3.2. EVALUATION OF ELIGIBILITY
3.2.1. For the purpose of meeting eligibility criteria, the Bidder shall have to demonstrate that it fulfils the financial and the technical criteria stipulated under Clause 2.2.1 of the RFP.
3.2.2. The Bidder, not meeting either or both of the financial and technical criteria described under Clause 2.2.1 of the RFP, shall be disqualified from the Biding Process, and its Earnest Money Deposit shall be returned as per Clause 2.20.4.
3.2.3. Only those Bidders whose Bids were declared responsive as per Clause 3.2, shall have their Technical Bids evaluated as per Clause 3.3.
3.3. EVALUATION OF TECHNICAL BID
3.3.1. The Technical Bids shall contain all the information in the format as described in the RFP and the documents in support of the Bidders technical qualifications as set out in Clause 2.2.1 of
the RFP. In this regard, all the Bidders whose Technical Bids does not provide the information, and/or the supporting documents as required shall be declared non-complaint and shall be disqualified from the Biding Process and the Earnest Money Deposit shall be returned as per Clause 2.20.4.
3.3.2. The Technical Committee shall evaluate compliant Technical Bids as per the evaluation criteria set out in Clause 2.2.1.
3.3.3. Only those Bidders who comply with Eligibility Criteria as set out in Clause 2.2.1 shall be shortlisted for opening of the Price Bids.
3.3.4. Even though the Bidders comply Eligibility Criteria, they are subject to disqualification if they have made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements, and / or record of poor performance such as abandoning the works, not properly completing the Contract, inordinate delays in completion, litigation history, or financial failures etc.
3.3.5. The Technical Bid Evaluation Committee will prepare the list of shortlisted Bidders and they will be intimated at the email addresses as provided to the Authority.
3.4. EVALUATION OF PRICE BID
3.4.1. The Authority shall open the Price Bids of those Bidders who have been shortlisted for further evaluation.
3.4.2. The Authority shall inform the venue and time of online opening of the Price Bids to the technically responsive Bidders through e-procurement portal and also through emails. The Authority shall online open the Price Bids in the presence of the authorized representatives of Bidders who may choose to attend. The Bid Price in the Price Bid as per Appendix –VII (Price Bid) will be considered as the Price Bid.
3.4.3. The Authority will determine whether the Price Bids are complete, unqualified and unconditional. The Bid Price indicated in the Price Bid shall be deemed as final. The Bidder with lowest Bid Price shall be the Lowest Bidder and shall be the Selected Bidder, subject to the provisions of this RFP.
In this regard, the Authority may ask the Lowest Bidder to produce copies of invoices of the model/make as quoted in the tender, supplied to any other Government / Private organizations in India in support of their quoted price. The Authority reserves the right to negotiate on the quoted price as it deems fit.
3.5. SELECTION OF BIDDER
3.5.1. Subject to the provisions of Clause 2.14, the Bidder whose Bid is adjudged as responsive in terms of Clause 3.3 and 3.4 and who’s Bid Price is the lowest, shall be declared as the selected Bidder (the “Selected Bidder”). The second, third and so on ranked Bidders shall be kept in
reserve and may be invited for negotiations in that order in case the first ranked Bidder withdraws or fails to comply with the requirements specified in the RFP, as the case may be.
3.5.2. In the event that, the Bid Price of two or more Bidders is the same (the “Tie Bids”), the Authority shall declare the selected Bidder as the Bidder who has scored highest marks among them in Technical Bid evaluation.
3.5.3. After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the Authority to the Selected Bidder after price negotiation as it deems fit, if any, and the Selected Bidder shall, within 7 (seven) days of the receipt of the LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate copy of the LOA duly signed by the Selected Bidder is not received by the stipulated date, the Authority may, unless it consents to extension of time for submission thereof, appropriate the Earnest Money Deposit of such Bidder as Damages on account of failure of the Selected Bidder to acknowledge the LOA, and the next eligible Bidder may be invited for negotiations.
3.5.4. After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause the Supplier to execute the Supply Agreement within the period prescribed in Clause 1.3. The Agreement shall be executed in English language. The Selected Bidder shall not be entitled to seek any deviation, modification or amendment in the Supply Agreement.
3.5.5. On signing of the Supply Agreement, the Supplier shall intimate the name of the principal officer who will be acting for and on behalf of the Supplier in all its relations and communications with the Authority. If there is any change in the principal officer, Supplier shall intimate such change to the Authority immediately.
3.6. Contacts during Bid Evaluation
Bids shall be deemed to be under consideration immediately after they are opened and until such time the Authority makes official intimation of award/ rejection to the Bidders. While the Bids are under consideration, Bidders and/ or their representatives or other interested parties are advised to refrain, save and except as required under the Biding Documents, from contacting by any means, the Authority and/ or their employees/ representatives on matters related to the Bids under consideration.
4. SECTION 4: Fraud and corrupt practices
4.1. The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Biding Process and subsequent to the issue of the LOA and during the subsistence of the Supply Agreement. Notwithstanding anything to the contrary contained herein, or in the LOA or the Supply Agreement, the Authority may reject a Bid, withdraw the LOA, or terminate the Supply Agreement, as the case may be, without being liable in any manner whatsoever to the Bidder or Supplier, as the case may be, if it determines that the Bidder or Supplier, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Biding Process. In such an event, the Authority shall be entitled to forfeit and appropriate the Earnest Money Deposit or
Performance Security, as the case may be, as Damages, without prejudice to any other right or remedy that may be available to the Authority under the Biding Documents and/ or the Supply Agreement, or otherwise.
4.2. Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights and remedies which the Authority may have under the LOA or the Supply Agreement, or otherwise if a Bidder or Supplier, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Biding Process, or after the issue of the LOA or the execution of the Supply Agreement, such Bidder or Supplier shall not be eligible to participate in any Bid or RFP issued by the Authority during a period of 2 (two) years from the date such Bidder or Supplier, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be.
4.3. For the purposes of this Clause 4, the following terms shall have the meaning hereinafter respectively assigned to them:
a. “Corrupt Practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Biding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Authority who is or has been associated in any manner, directly or indirectly, with the Biding Process or the LOA or has dealt with matters concerning the Supply Agreement or arising therefrom, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing the actions of a person connected with the Biding Process) engaging in any manner whatsoever, whether during the Biding Process or after the issue of the LOA or after the execution of the Supply Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOA or the Supply Agreement, who at any time has been or is a legal, financial or technical adviser of the Authority in relation to any matter concerning the Project.
b. “Fraudulent Practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Biding Process.
c. “Coercive Practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Biding Process.
d. “Undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Authority with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Biding Process; or (ii) having a Conflict of Interest; and
e. “Restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Biding Process.
5. SECTION 5: MISCELLANEOUS
5.1. The Biding Process shall be governed by, and construed in accordance with, the laws of India and including but not limited to laws of Government of Telangana and the T WORKS Rules and Regulations in force and as amended from time to time; and the Courts in Hyderabad shall have exclusive jurisdiction in all disputes arising under, pursuant to and/ or in connection with the Biding Process.
5.2. The Authority, in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to:
a. suspend and/ or cancel the Biding Process and/ or amend and/ or supplement the Biding Process or modify the dates or other terms and conditions relating thereto.
b. consult with any Bidder in order to receive clarification or further information.
c. retain any information and/ or evidence submitted to the Authority by, on behalf of, and/
or in relation to any Bidder.
d. independently verify, disqualify, reject and/ or accept any and all submissions or other information and/ or evidence submitted by or on behalf of any Bidder; and or
e. amend, modify or re-issue the Biding Documents or any part thereof.
5.3. It shall be deemed that by submitting the Bid, the Bidder agrees and releases the Authority, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/ or performance of any obligations hereunder, pursuant hereto and/ or in connection with the Biding Process and waives, to the fullest extent permitted by applicable laws, any and all rights and/ or claims it may have in this respect, whether actual or contingent, whether present or in future.
FORM OF CONTRACT
THIS AGREEMENT (hereinafter referred to as the “Contract/Agreement/Supply Agreement”) made on the ______ Day of __________ by and
between
T Works, a Government of Telangana Undertaking and a company within the meaning of the Companies Act, 2013 having its registered office at “Room 423A, 3rd Floor, D-Block, Secretariat, Hyderabad – 500 022” and Corporate Office at “T Works, T Works Foundation Corporate Office, 7th Floor, splendid Towers, Indian Airlines Colony, Begumpet, Hyderabad – 500 003, India, represented by the Chief Executive Officer (hereinafter referred to as the “Authority/T Works”, which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors, authorized representatives and permitted assigns) of ONE PART
AND
_____________________________a firm having its registered office ______________________ and represented by _______________ which expression shall, unless repugnant to the context thereof, include successors, their heirs, executors, partners and representatives, administrators and permitted assigns under the management) of the OTHER PART.
Whereas T Works intends to undertake “Supply, Installation, Testing & Commissioning of Machines along with its accessories as detailed in List of Requirements and training of personnel for its proposed Prototyping Centre coming up at Plot 1/D, 1/E, 1/F Survey No. 83/1, Raidurgam, Ranga Reddy District, Hyderabad – 500 032” as per the scope of work mentioned hereunder:
Scope of Work: Supply, Installation, Testing & Commissioning of Machines along with Accessories for Welding Centre and training of personnel as detailed in List of Requirements for proposed Prototyping Centre coming up at Raidurgam, Ranga Reddy District, Hyderabad, India.
1. And whereas T Works is desirous to appoint M/s __________________________ for the above Works as Supplier.
2. And whereas the lump sum amount payable to and the services to be rendered by them are as per the terms & conditions herein after mentioned.
3. And whereas this Agreement between T Works and the Supplier is for the works mentioned in the List of Requirements.
4. Whereas the Supplier agree to render the Services here-in-after specified and undertake full responsibility for the correctness of the plans, estimates, designs, drawings, specifications, incidental works, etc, furnished by them.
5. However not-with-standing anything contained above, the liability of the Supplier shall extend up to the period for which the Supplier’s (engaged by T Works) liability for the Works continues, at the option of T Works and the same shall be intimated before the expiry of the period mentioned in this agreement.
Now therefore, this Agreement witnesses that the said M/s ________________________________ is hereby appointed as Supplier for above written works.
For and on behalf of For and on behalf of the
T WORKS LIMITED Supplier
IN THE PRESENCE OF IN THE PRESENCE OF
1. 1.
