Tendernotice - 1 - 2025-07-28T100441.171
Tendernotice - 1 - 2025-07-28T100441.171
1. A tender is invited for the work as mentioned in Appendix ‘A’ to this NOTICE INVITING
TENDER (NIT).
2. The work is estimated to cost as indicated in aforesaid Appendix ‘A’. This estimate, however, is
not guarantee and is merely given as a rough guide and if the work cost more or less, a tenderer/bidder
will have no claim on that account. The tender shall be based on as mentioned in aforesaid Appendix
‘A’.
3. The work is to be completed within the period as indicated in aforesaid Appendix ‘A’ in
accordance with the phasing, if any, indicated in the tender from the date of handing over site, which
will be on or about two weeks after the date of Acceptance of tender.
4. Contractors whose names are on the MES approved list and within whose financial category the
estimated amount would fall and un-enlisted contractors may submit tender/bid subject to other criteria
mentioned in Appendix A. However all the bidders, whether borne on the approved list of contractors of
MES or not (viz unenlisted contractors), are required to fulfill the eligibility criteria as laid down in
Appendix “A” to this NIT. Contractors whose names are on the MES approved list of any MES
formation and who have deposited standing security and have executed standing security bond may
tender/bid without depositing Earnest money alongwith the tender/bid. However bidders who are on the
approved list of MES Contractors but have not deposited the Standing Security Deposit and also the
bidders who are not on the approved list of MES contractors are required to lodge Earnest Money
Deposit of amount and in the form as indicated in Appendix “A” to this NIT.
5. If the tender/ bid submitted by a tenderer/ bidder is accepted, the bidder will be required to lodge
with the concerned Accepting Officer the amount of Performance Security for an amount equivalent to
5% of the contract sum in any of the forms prescribed in sub-section 19.1 of General Conditions of
Contracts (IAFW-2249) within 28 days of receipt of the Letter of Acceptance. Failure of the successful
contractor to comply with the requirements of sub-section 19.1 of General Conditions of Contracts
(IAFW-2249) shall constitute sufficient grounds for cancellation of the contract and forfeiture of the
Earnest Money. In case of MES enlisted contractor who has not deposited the Earnest Money, amount
equal to the Earnest Money stipulated in the Notice Inviting Tender, shall be notified to the contractor
for depositing the amount through MRO. Issue of tender to such contractor shall remain suspended till
the aforesaid amount equal to the Earnest Money is deposited in Government Treasury.
6. Not more than one tender shall be submitted/uploaded by one contractor/ firm. Under no
circumstances will a father and his son(s) or other close relations who have business dealing with one
another be allowed to tender/bid for the same contract as separate competitors. Two firms shall be
deemed to have business dealing if any of the partners/proprietor/director is common among both of
them. A breach of this condition will render the tenders/bids of both the parties liable for rejection.
7. The Office of Chief Engineer Kolkata Zone, Ballygunge Maidan Camp, Gurusaday Road
Kolkata -19 will be the Accepting Officer here in after referred to as such for purpose of the contract.
8. The Technical Bid and Financial Bid (Cover-1 and Cover-2) shall be uploaded by the tenderer/
bidder on or before the date & time mentioned in NIT. A scanned copy of DD with enlistment details/
documents shall be uploaded as packet 1/cover-1 (‘T’ bid) of the tender/bid on e-tendering portal. DD is
refundable in case ‘T’ bid is not accepted resulting in non-opening of ‘Q’ bid. The applicant contractor
shall bear the cost of bank charges for procuring and encasing the DD and shall not have any claim from
Government whatsoever on this account.
Contd…
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9. Tender form and conditions of contract and other necessary documents shall be available on
https://defproc.gov.in site for download and shall form part of contract agreement in case the tender/bid
is accepted.
10. In case of MES enlisted contractor who has not executed the Standing Security Bond and un
enlisted contractor, the Cover-I shall be accompanied by Earnest Money for the amount mentioned in
Appendix 'A' in the form of deposit at call receipt in favour of concerned CCE/GE/GE (I)/AGE (I) (see
Appendix 'A') by a Scheduled Bank or in received treasury Challan the amount being credited to the
revenue deposit of the concerned CCE/GE/GE(I)/AGE(I) (see Appendix 'A'). The CCE/GE/GE (I)/AGE
(I) will return the Earnest Money, wherever applicable, to all unsuccessful tenderers/bidders by
endorsing an authority on the deposit at call receipt for it’s refund, on receipt of intimation from the
Accepting Officer to do that.
11. The Chief Engineer Kolkata Zone / Garrison Engineer will return the Earnest Money wherever
applicable to all unsuccessful tenderers / bidders by endorsing an authority on the Deposit at Call
Receipt for its refund on production by the tenderer / bidder a certificate of the Accepting Officer that a
bonafide tender was received and all documents were returned.
12. Copies of the drawings and other documents pertaining to the work signed for the purpose of
identification by the Accepting Officer or his accredited representative, sample of the materials and
stores to be supplied by the contractor will also be available for inspection by the tenderer / bidder at the
office of Accepting Officer and concerned Garrison Engineer during working hours.
13. In case of successful contractor i e the lowest contractor having submitted EMD, he shall have
the option of converting the EMD instrument into part of the Performance Security to be deposited by
him within 28 days from the receipt of intimation of acceptance of tender from Accepting Officer.
14. The bidder is advised to visit the site of work by making prior appointment with GE/GE (I)/AGE
(I)/CCE/Project Manager, who is the Executing Agency of the work (see Appendix 'A'). The bidder shall
be deemed to have full knowledge of all relevant documents, samples, site etc whether he has inspected
them or not.
15. Any tender/ bid which proposes any alteration to any of the conditions laid down or which
proposes any other condition or prescription, except for the conditions/ specifications/ prescriptions
permitted expressly in other parts of the tender documents, shall be liable to be rejected.
16. The uploading of bid by a bidder implies that bidder has read this notice and the conditions of
contract and has made himself aware of the scope and specification of work to be done and of the
conditions and rates at which stores (as applicable) etc will be issued to him and local conditions and
other factors having bearing on the execution of the work.
17. The tenderer / bidder must be in possession of General Conditions of Contracts [IAFW – 2249]
[1989 Print] and errata and amendments thereto, Schedule of Minimum Fair Wages, MES Standard
Schedule of Rates, Part – I [2009] [Specifications], MES Standard Schedule of Rates, Part – II [2020]
[Rates] and Scales of Accommodation for Defense Services, 2022 including amendments and errata
thereto.
Contd…
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18. Invitation for e-tender does not constitute any guarantee for validation of Technical bid and
subsequent opening of financial bid of any applicant/ bidder merely by virtue of enclosing DD.
Accepting Officer reserves the right to reject the Technical bid and not to open the financial bid of any
applicant/ bidder. Technical bid validation shall be decided by the Accepting Officer based on eligibility
of the firm as per criteria given in this Appendix. Tenderer/ bidder will be informed regarding non-
validation of his Technical bid assigning reasons therefore through tender evaluation report which shall
be uploaded on the website. Such tenderer, if desires, may appeal to the next higher Engineer Authority
(NHEA) Viz. Chief Engineer Eastern Command on email id:[email protected] with copy to
the Accepting officer on email before the scheduled date of opening of Cover 2. NHEA shall decide the
matter within a period of seven working days from the date of receipt of appeal. The decision of the
NHEA shall be final and binding. The tenderer/ bidder shall not be entitled for any compensation
whatsoever for rejection of his bid.
19. The Accepting Officer reserves the right to accept a tender submitted by a Public
Undertaking/Small & Medium Enterprises (SMEs), giving a price preference/purchase preference over
other tender(s)/bids which may be lower, as are admissible under the Government Policy. No claim for
any compensation or otherwise shall be admissible for such tenderer/bidder whose tender/bid is rejected.
20. Accepting Officer does not bind himself to accept the lowest or any tender/bid or to give any
reason for not doing so.
21. The Notice Inviting Tender (NIT) including Appendix 'A' and Annexures thereto, if any, shall
form part of the contract agreement.
_______________________
Signature of the Contractor SSW/DD/AD/AAD (Contracts)
Date___________________ For Accepting Officer
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HQ Chief Engineer Kolkata Zone, Military Engineer Services, Ballygunge Maidan Camp,
Gurusaday Road, Kolkata – 700019 on behalf of President of India invites on line bids (e-Tender)
from eligible enlisted Contractors of MES and enlisted/un-enlisted Contractors working with other
Government Departments meeting eligibility criteria for under mentioned works :-
(iv) Bidder should not have any recovery outstanding in any Govt
Department.
11 Earnest Money Rs. 15,00,000.00 (Rupees Fifteen Lakhs Only) in favour of Garrison
Engineer (P) Panagarh, in the form of Deposit at call receipt / DD.
FDR not acceptable.
12 INTEGRITY PACT The integrity pact (IP) duly signed by Accepting Officer / Officer
(IP) designated by Accepting Officer is uploaded as part of NIT as
Annexure – I of Appendix ‘A’ to NIT and the same shall form part
of tender documents. The scanned copy of INTEGRITY PACT (IP)
duly signed on each page by the bidder(s) shall be uploaded as part
of technical bid (Cover – I) and original INTEGRITY PACT (IP)
duly signed on each page shall be forwarded to this office by post
alongwith demand draft and all other documents as required and
mentioned in Appendix ‘A’ to NIT. Bidders who do not upload
scanned copy of INTEGRITY PACT (IP) duly signed, shall be
intimated of the same alongwith intimation of other such deficient
documents, through option of ‘Short Fall Documents’ in e-tendering
portal before ‘T’ Bid evaluation. Any bidder who fails to forward the
copy of INTEGRITY PACT (IP) duly signed even after this
communication, shall be disqualified in the Technical Bid (Cover –
I).
13 Date of handing over of As per Work Order No 1 subject to submission of Performance
site Security by the tenderer within 28 days of acceptance of tender.
14 Tenderers must be in MES standard schedule of rates Part-I (2009) (Specifications) and
possession of MES standard schedule of Rates Part-II (2020) (Rates) and
Scales of Accommodation for Defense Services (2022) including
amendments and errata thereto.
NOTES :
1. PRE-QUALIFICATION CRITERIA (PQC):
1.1. ANNUAL TURNOVER:
(i) Average Annual financial turnover during the last three years, ending 31st March 2025,
shall be at least 30% of the estimated cost of work. Annual Turnover shall be turnover from all
businesses carried out by the firm in relation to construction work.
(ii) Copy of Turnover from CA for last 3 (Three) financial years (FY) ending 31st Mar 2025
duly indicating the UDIN number and ICAI membership number of the Chartered Accountant
issuing the certificate along with notarized copy of relevant pages of balance sheet of those FYs
showing the turnover (gross receipts) shall be submitted in cover 1.
(iii) Affidavit on non judicial stamp paper of Rs 100/- (minimum) in the form of hard copy
declaring their turnover for last 3 (Three) financial years and details of works completed in
Government Department/ PSUs shall be submitted in cover 1.
(iv) At the time of submission of prequalification, the bidder shall upload Affidavit/Certificate
from chartered accountant mentioning financial turnover and net worth of last 3 years. There is no
need to upload entire voluminous balance sheet. However, one page of summarized balance sheet
(Audited) and one page of summarized profit & loss Account (Audited) for last 03 years shall be
uploaded.
1.2. WORK EXPERIENCE:
(a) Firms should be well experienced and having successfully completed similar
nature of works during last 7 (seven) years ending on last day of the month previous to the
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month of bid submission start date reflected on the website www.defproc.gov.in should be
either of the following :-
Three similar completed works costing not less than the amount equal to 40% of the
estimated cost.
OR
Two similar completed works costing not less than the amount equal to 50% of the
estimated cost.
OR
One similar completed work costing not less than the amount equal to 80% of the
estimated cost.
(b) Similar work mentioned above shall mean any work of infrastructure related to
multistoried building with RCC framed structures (G+5 and above) executed in which the
scope of work covers construction of buildings and connected services of electric supply,
water supply, area drainage, access and peripheral roads, sewage disposal, perimeter
fencing and wall, soil exploration etc.
(c) Works completed only in Central Govt/ State Govt/ PSUs shall be considered. The work
must have been executed through a proper agreement between the bidder and the Company.
(d) For the purpose of valuating the amount of completed works, the value of previously
completed works be enhanced @ 7% per year to bring them at par with present cost.
(e) The tenderer/ bidder shall submit performance report in their letter head duly bringing out
how they are meeting the stipulated PQC along with all the requisite details and documents duly
authenticated by competent authority along with their mail ids and contact numbers for
substantiating their claim of Prequalification criteria. However, the same will be admissible after
due independent verification by the department.
1.3. FINANCIAL SOUNDNESS:-
(i) Working Capital not less than Rs. 10.00 Crore from the scheduled bank as certified
by Bankers which should not be older than 06 months as on the preceding month of bid
submission end date.
(ii) Bank Solvency up to Rs. 30.00 Crore or financially sound for engagement upto Rs
100.00 crores from the scheduled bank as certified by Bankers or which should not be older than
06 months as on the preceding month of bid submission end date.
2. After opening of Cover-1, if the number of MES enlisted contractor of ‘SS’ Class as well as un-
enlisted contractors, if any, fulfilling the stipulated eligibility criteria given in NIT are less than 7
(Seven), applications in respect of contractors one class below the eligible class shall also be considered
subject to fulfillment of PQC as per Note 1 above and other eligibility criteria given in the NIT.
Therefore MES contractor one class below may also bid for this tender. However contractor of one/two
classes below the eligible class shall not be considered in case their present residual work in hand is
more than five times their present tendering limit. Such bidders shall upload in their Cover-I bid details
of works in hand showing names of works, names of Accepting Officers, Contract amounts, date of
commencement and completion (stipulated) and progress as on bid submission date. These details shall
be verified by the Tender Issuing Authority from concerned formations in case bids of such contractor
are considered for evaluation.
3. In case after opening of Cover 1, the number of MES enlisted contractor of ‘SS’ Class as well as
un-enlisted contractors, if any, fulfilling the stipulated eligibility criteria given in NIT, are 7 (Seven) or
more, applications of only those one class below the eligible class bidders shall be considered who fulfill
the PQC as per Note 1 above and are meeting the criteria of upgradation in ‘SS’ Class with respect of
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past experience of completed works (individual work experience and average annual turnover as
applicable) and financial soundness (solvency/financial soundness and working capital) as per details
given in Manual on Contracts. Therefore such contractors shall upload the requisite
information/documents in the Cover-1.
4. Unenlisted contractor shall be considered provided he meets the criteria. Foreign firms shall not
be eligible for this tender. However Indian Firms having foreign national/ Indian nationals staying
abroad/ Indian national having taken foreign citizenship, as director(s) shall be considered subject to
security clearance from the concerned authorities.
5. DOCUMENTS TO BE UPLOADED BY THE BIDDERS:
5.1. COVER-1:
5.1.1. Application for the tender on Firm’s letter Head. In this, the bidder shall explain with
calculation details supported with documentary evidence as to how he is qualifying for this tender in
terms of conditions given above. Tenderers /bidder is required to note that if they do not submit their
calculation details and/or supporting documents correctly, MES will make calculation and the same
shall be binding on the bidder. This is notwithstanding the fact that MES will check the details and
calculations also in respect of the contractors who have given the calculations.
5.1.2. DDs/financial instruments toward cost of tender and Earnest Money Deposit (as applicable).
5.1.3. Copy of turn over certificate from CA for last 3 (Three) financial years (FY) ending 31 Mar
2023 duly indicating the UDAI number and ICAI Membership number of the Chartered Accountant
issuing the certificate alongwith notarized copy of relevant pages of balance sheet of those FYs showing
the turn over (gross receipts).
5.1.4. Audited balance sheet of last five years in case of Limited companies.
5.1.5. Copies of completion certificates in three highest valued works (after adjusting the values as
mentioned above) during last seven years. This will be in tabular form giving name of work, details
about client/Department viz, Address, Telephone, Fax No, E-mail ID etc, date of acceptance of
tender/award of work/issue of Order and actual date of completion. This signed by proprietor/all
partner/authorized Director of Pvt /Public Ltd, as applicable. It should indicate whether extension was
granted or compensation was levied. Attested copy of acceptance letter and completion certificate
shall be enclosed of each work. In case performance report has been given by the client same shall also
be submitted duly attested.
5.1.6. Affidavit on non judicial stamp paper of Rs 100/-(minimum) in the form of hard copy
declaring their turnover for last 3 (three) Years and details of works completed in Government
Department/ PSUs.
5.1.7. List of similar nature of works completed in last seven years with Government
Department/PSUs, showing value of work as completed in a self-explanatory tabular form giving
name of work, details about client/Department viz, Address, Telephone, Fax No, E-mail ID etc, date of
acceptance of tender/award of work/issue of Order and actual date of completionduly signed by
Proprietor/Managing Partner/authorized Director, as applicable.
5.1.8. List of Works in progress with Government Department/PSUs, Private Bodies/Clients, Local
Municipal Bodies showing completed value and balance value to be completed in a self- explanatory
tabular form duly signed by Proprietor/Managing Partner/authorized Director, as applicable.
5.1.9. Solvency Certificate and Working Capital Certificate issued by a Scheduled Bank (not more than
three months old). The format is attached as Annexture – I of NIT.
5.1.10. Scanned copy of Integrity Pact. The format is attached as Annexture – II of NIT.
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NOTICE INVITING e-TENDER (CONTD…./)
CERTIFICATE
(A) It is certified that We / Representative of our firm has visited the site
alongwith Representative of GE (P) Panagarh on ________and
understood all the site conditions.
(B) The rates quoted are based on actual site conditions and nothing will be
claimed extra on this account
_____________________
Signature of Contractor
Station : Panagarh
Date : 2025
5.1.15. The bids submitted without the above certificate shall not be considered in technical Evaluation.
5.1.16. ADDITIONAL DOCUMENTS TO BE SUBMITTED BY BIDDERS WHO ARE
UNENLISTED WITH MES:
(a) Scanned copy of DD/ Bankiers Cheque towards cost of tender & EMD.
(b) Documents required in PQC criteria.
(c) Affidavit from contractor that there is no Government dues/ recovery outstanding against
him. If there is any Government dues/ recovery outstanding from the contractor, enlistment/
upgradation shall not be carried out.
(d) Affidavit from Contractor giving brief details of arbitration/ litigation cases he has
involved in. Registering Authority will critically examine such detail and if contractor is
considered habitual litigant, his enlistment/ upgradation shall not be carried out. Contractor shall
be deemed to be a habitual litigant it he moves the court more than once ignoring arbitration
clause and court does not uphold his view.
(e) Declaration (in affidavit form) stating that they have not banned by any government
department / semi government / PSU/State government agency for participation in tendering.
(f) Two self-attested photographs of Proprietor/partner/ directors of firm for verification of
character and antecedents from the police authorities. Places where online police verification
process is available, the contractor will carry out police verification of the
Proprietor/partners/directors and submit the verification reports for cross verification by the
Department. Alternatively the contractor may submit a copy of valid passport issued by Govt of
India.
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5.3 Hard copy of the documents as mentioned in Para 5.1.1 to 5.1.14 will be submitted
within 5 (Five) days of the last date & time of opening of ‘T’ bid (Cover 1). Balance documents as
in Para 5.1.16 may be submitted by the bidder later on.
6. IMPORTANT INSTRUCTIONS:
6.2 Tenderers/bidders to note that they should ensure that their original DDs and earnest money
deposit / BSD (as applicable) are received within 5(Five) days of bid submission end date. Non-
submission of physical copies of cost of tender and earnest money deposit (as applicable) shall be
considered as willful negligence of the bidder with ulterior motives and such bidder shall be banned
from bidding in MES for a period of six months commencing from the date of opening of finance bid.
6.3 In case bidders upload quotation in pre-revised BOQ, the same shall be considered as a willful
negligence by the bidder and their quotation shall be considered Non-bonafide.
6.4 Contractor shall upload copy of Goods and Service Tax (GST) registration certificate of their
company. In case of failure to upload and submit the document, the firm shall be disqualified in
technical bid evaluation.
6.5 Before issue of the Work Order after acceptance of tender, Contractor shall ensure that they
have Provident Fund Code number, if applicable, and shall also ensure compliance of EPF & MP Act,
1952.
6.6 In case any deficiency is noticed in the documents required to be uploaded by the bidder as
per NIT, a communication in the form of e-mail/ Whatsapp /SMS/speed post etc. shall be sent to the
bidder after opening of cover 1 (T bid) and technical evaluation with direction to rectify the deficiency
and submit the documents as asked for within a period of 7 days from date of communication failing
which financial bid (cover-2) shall not be opened and contractor shall not have any claim on the same.
6.7 In the technical bid, a scanned copy of Power of Attorney in favour of the person uploading the
bid using his/her DSC shall be uploaded. In case the digital signatory himself is the sole proprietor,
scanned copy of affidavit on stamp paper of appropriate value to this effect stating that he has authority
to bind the firm in all matters pertaining to contract including the Arbitration Clause, shall be attached
in ‘pdf’ form. In case of partnership concern or a limited company, digital signatory of the bid/tender
shall ensure that he is competent to bind the contractor (through partnership deed, general power of
attorney or Memorandum and Articles of Association of the Company) in all the matters pertaining to the
contracts with Union of India including arbitration clause. A scanned copy of the documents confirming
of such authority shall be attached with the tender/bid in ‘pdf’ form, if not submitted earlier. The
person uploading the bid on behalf of another partner(s) or on behalf of a firm or company using his
DSC shall upload with the tender/bid a scanned copy (in ‘pdf’ form) of Power of Attorney duly
executed in his favour by such other or all of the Partner(s) or in accordance with constitution of the
company in case of company, stating that he has authority to bind such other person of the firm or the
company, as the case may be, in all matters pertaining to the contract including Arbitration Clause.
6.8 Even in case of Firms or Companies which have already given Power of Attorney to an
individual authorizing him to sign tender in pursuance of which bids are being uploaded by such person
as a routine, fresh Power of Attorney duly executed in his favour stating specifically that the said
person has authority to bind such partners of the Firm, or the Company as the case may be, including the
condition relating to Arbitration Clause, should be uploaded in “pdf‟ form along with the tender/bid;
unless such authority has already been given to him by the Firm or the Company. It shall be ensured that
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power of attorney shall be executed in accordance with the constitution of the company as laid down in its
Memorandum & Articles of Association.
Note :-
(i) Bidders shall upload the list of T&P in Cover-I including Purchase Invoice or MoU
with OEM.
(ii) Any other T&P/ Machinery / Transport required for executing the work even though
not categorically mentioned above but technically required shall also be deemed to be
provided and deployed at site.
(iii) Stage wise deployment of T&P/ Machinery / Transport shall be ensured.
(iv) The above list is for guidance and GE will be the sole authority to decide the
optimum requirement of minimum Nos & type of T&P/ Machinery / Transport at site at a
particular stage of work ensuring that no delay is encountered due to any shortage of T&P/
Machinery / Transport.
(v) Penalty Shall be imposed to the contractor due to non availability of required T & P
at site. The amount of penalty shall be decided by CWE.
7.2 PERFORMANCE & OTHER REQUIREMENTS: Bidder shall fulfill the following
requirements:-
(a) There should not be poor/slow progress in running work. (If yes, submit details and
reasons of delay to check that these are not attributable to him or are beyond his control).
(b) There are no serious defect observed in works which stand un-rectified (If yes, submit
details and reasons)
(c) There are no cancelled/ abandoned contracts in which Govt unrealized recoveries exist
(If yes, submit details and reasons)
(d) He/They have not been blacklisted by any Govt Deptt (If yes, submit details and
reasons)
(e) There is no Government dues outstanding against the firm (If yes, submit details and
reasons)
(f) Proprietor/partners/directors of firm are not involved in anti national/anti social
activities andhave neither been convicted nor any proceeding are pending in court for such
activities
(g) Firm should have been considered capable of taking more load in work load return
circulated by MES. In case the firm is not considered capable for taking more work load due to
unsatisfactory performance in the running works, in the prevailing report circulated by DGBR
their technical bidshall be rejected.
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8. DISQUALIFICATION: Even though the tenderers meet the stipulated criteria, they
are liable to be disqualified if they have made misleading (or) false information in documents
submitted in the bidding.
8.1 All the documents submitted by the bidder shall be verified from the issuing Authority. In
case submission of fake documents necessary action shall be taken against the defaulter bidder.
9. Q-BID EVALUATION :
9.1. Arithmetical corrections shall be made as per General Condition of Contracts 6A(A) of IAFW
- 2249.
9.2. Commercial Bids will be reviewed to ensure that the figures indicated therein are consistent
with the details of the corresponding Technical bids.
9.3. For the purpose of evaluation “cost” shall be inclusive of all taxes and duties.
9.4. Bidder who has quoted lowest total cost in Schedule “A” (L-1) shall be considered
successful bidder and all other bidders shall be considered unsuccessful. Offer of successful bidder (L-
1) shall only be considered for acceptance. If L-1 backs out, retendering shall be resorted in a fair and
transparent manner.
9.5. Completion Period as indicated in Tender Document have been accepted.
9.6. If bidders/ tenderers desire that any condition or stipulation given in the tender documents is to
be modified/ amended or deleted, they may submit their comments/ suggestions before last working
dateof clarification as shown in critical date sheet in subject tender ID alongwith supporting documents,
as applicable, for consideration by the Deptt for issue of corrigendum/ amendments to tender
documents. If department considers comments/ suggestions to be appropriate, corrigendum/
amendments to tender documents shall be issued and also uploaded on E- tendering Portal. If
department does not consider comments/ suggestion suitable, corrigendum/ amendments to tender
documents shall not be issued/ uploaded on E- tendering Portal and tenderers shall quote strictly
complying with the various provisions given in the tender documents.
10. PROPRIETARY DATA: All documents and other information supplied by the Employer
(GE/CWE) or submitted by a Bidder to the Authority (Accepting Officer) shall remain or become the
property of the Authority. 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. The Authority will not return any
Bid or any information provided along therewith.
11. 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 Bidding Process. The Employer will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of the Bidding
Process.
12. SITE VISIT AND VERIFICATION OF INFORMATION:
12.1. Bidders are encouraged to submit their respective bids after visiting the Project site and
ascertaining for themselves the site conditions, soil condition, location, surroundings, climate,
availability of power, water & other utilities for construction, access to site, handling and storage of
materials, weather data, applicable laws and regulations, and any other matter considered relevant by
them by carrying out necessary survey/investigation. Bidders are advised to visit the site and
familiarisethemselves with the Project within the stipulated time of submission of the Bid. No extension
of time is likely to be considered for submission of Bids. A format of site visit certificate is attached in
clause no 5.1.14 here in above.
12.2. It shall be deemed that by submitting a Bid, the Bidder has:-
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NOTICE INVITING e-TENDER (CONTD…./)
(a) Made a complete and careful examination of the Bidding Documents, Schedules
annexed to EPC agreement Document;
(b) Received all relevant information requested from the Employer;
(c) Accepted the risk of inadequacy, error or mistake in the information provided in
the Bidding Documents or furnished by or on behalf of the Authority relating to any of the
matters referred to in Clause 12.1 here-in-above. No claim shall be admissible at any stage on
this account.
(d) Satisfied itself about all matters, things and information including matters referred to in
Clause 12.1 here-in-above necessary and required for submitting an informed BID, execution
of the Project in accordance with the Bidding Documents and performance of all of its
obligations there under;
(e) Acknowledged and agreed that inadequacy, lack of completeness or incorrectness of
information provided in the Bidding Documents or ignorance of any of the matters referred to
in Clause 12.1 here-in-above 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 Agreement by the Contractor;
(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.
12.3. The Employer (GE/CWE) 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 tender,
including any error or mistake therein or in any information or data given by the Authority (Accepting
Officer).
13. JOINT VENTURE IN MES WORKS :
13.1 Joint Venture (JV) shall not comprise more than two firms (called parties of JV). The lead party
shall have at least 60% share of interest in the JV. The other than lead party shall have at least 30% share
of interest in the JV. The format of agreement ia as per Annexture-III. The JV shall be considered as un-
enlisted contractor. The JV shall submit Earnest Money Deposit for all tenders mandatory. Any bid
received from JV firm without EMD shall be considered as a non-bonafied tender.
13.2 A valid agreement shall exist between the parties of JV defining clearly the role, responsibilities
and scope of work of each party, percentage share of each party alongwith nomination of leader (Lead
Party) for the purpose of this work and a confirmation that the parties of the JV are jointly and severally
responsible.
13.3 (a) Foreign Companies shall not be permitted to participate in JV.
(b) (i) Indian Companies having Director (s) of foreign origin and Indian Companies having
Director (s) of Indian origin but residing abroad / having foreign citizenship shall be permitted to
participate in JV. However security clearance in all such cases shall be obtained by following
procedure laid down by Ministry of Home Affairs vide letter No II/20034/290/2013-IS-II dated
30 Jun 2015 and amendment thereof vide OM No II/20034/290/2013-IS-II dt 09 Dec 2015
(These letters being classified are not being shared). The case for security clearance shall be
processed to E-in-C's Branch for taking up matter with concerned authorities.
(ii) Case for security clearance shall be processed by Accepting Officer on PRIORITY
after opening of “T” bid (Cover-1). Further processing of tender to open Finance Bid (Cover-2)
shall not be held up awaiting receipt of security clearance. However, if the JV requiring security
CA NO: CEKZ/PAN/ OF 2025-2026 SERIAL PAGE NO 23
NOTICE INVITING e-TENDER (CONTD…./)
clearance of Director (s) becomes L1, the tender shall be accepted only on receipt of security
clearance. For this, the Accepting officer will pursue the security clearance vigorously.
13.4 JV as a single unit or each party of the JV shall have Permanent Account Number (PAN) and
GSTIN. However if the contract is awarded to the JV, then PAN & GSTIN shall be obtained by the JV
as single unit.
13.5 Parties to the JV shall meet the following laid down criteria for the pupose of forming a JV :-
13.6 (i) The JV shall collectively meet the working capital criteria as contained in the NIT /
Tender Documents.
(ii) The JV shall collectively meet the Bank Solvency/ Financial Soundness for engagement
criteria as contained in the NIT / Tender Documents.
13.7 Both the parties to the JV either individually (single entity of JV) or collectively (lead and other
than lead) shall fulfil the 100% of the Technical qualifying criteria as stipulated in NIT/ Tender
Documents.
13.8 Both the Parties of JV shall jointly possess the required T&P, machinery and engineering/
supervisory staff. T&P can be either on ownership basis or lease hold as stipulated in NIT/ tender
documents and documentary proof of the same shall be submitted.
13.9 JV concluded upto the date of bid submission are permitted to apply. Copy of JV should be
uploaded alongwith Technical Bid (Cover-I). The Department reserves the right to verify the particulars
furnished by the applicant independently. If any information furnished by the applicant JV is found
incorrect and / or misleading and/or false representation and/or deliberately suppressed information, at a
later stage, the JV and both the parties shall be liable to be debarred from tendering / taking up of any
work in MES.
13.10 Party / parties will not be allowed to bid for the same tender in their independent capacity as well
as under JV. Also no party will be allowed to bid for the same tender under multiple JVs. In case of
violation (party/parties bidding independently as well as under JV for the same tender, party/parties
bidding for the same tender under multiple JVs), the bid of the party/parties concerned as well as the
bid(s) of the related JV(s) shall not be opened (i.e. shall not be qualified in “T” bid Cover “1”).
13.11 The lead party shall attend all progress review meetings and shall be answerable to all issues
relating to the project.
13.12 For any of the defaults as under of the JV, administrative action shall be taken against both the
parties of JV:-
(a) In case of non –submission of physical original documents of cost of tender, EMD -
Barring from bidding for six months.
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NOTICE INVITING e-TENDER (CONTD…./)
(b) Due to default in performance of Contract etc,- Administrative actions as per existing
instructions shall be taken.
13.13 Any unrealized recovery from JV shall be recovered proportionately from the parties in
proportion to their percentage share in the JV. If it is not possible to recover proportionate share
(partly/fully) form one party, it shall be recovered from other party.
14. PERFORMANCE SECURITY :-
14.1 After acceptance of the Tender, the contractor will be required to lodge with the Accepting
Officer PERFORMANCE SECURITY DEPOSIT @ 5% of CONTRACT amount. The amount is
required to be lodged within 28 (Twenty eight) days of the receipt by the contractor of notification of
acceptance of tender/bid, failing which action as stipulated in Condition 19 of GCC(IAFW-2249) shall
be taken.
14.2 In the event of contract being cancelled, under Conditon 52, 53 & 54 of IAFW-2249 (General
Conditions of Contracts) the Performance Security & retention money as per last RAR shall be forfeited.
All T&P and material of contractor lying at site shall be confiscated by the Government and shall be
absolutely at the disposal of the President of India and no compensation whatsoever shall be allowed by
department.
14.3 Form of Bank Guarantee Bond against Performance Security Deposit shall be as per Annexure-
IV.
14.4 The period of validity of the Bank Guarantee Bond against Performance Security shall be upto
and including the scheduled date of expiry of Defects Liability Period provided the Final Bill has been
paid.
14.5 The Accepting Officer reserves the right to accept a tender submitted by a Public undertaking,
giving a purchase preference over other tender(s) as are admissible to such tenders whose tenders may be
rejected on account of the said policy.
14.6 The tender shall remain open for acceptance for a period of 90 days from bid submission end
date.
14.7 On acceptance of tender, the name of authorised representative(s) of the contractors who would
be responsible for taking instructions from Engineer-in-Charge or its authorised representative shall be
intimated by the contractor within 7 days of issue of Acceptance letters.
15. Revision / Modification of quoted Price : In case the tenderer has to revise / modify /
withdraw his quoted rates / offer after it is uploaded in e-tendering portal he may do so on before bid
submission end date & time in in e-tendering portal only. Any revision/modification in
offer/withdrawl of offer in the form of an open letter after bid submission end date & time and the
same shall be considered as revocation of offer and shall not be taken into account, while considering
his originally quoted offer.
16. ENGAGEMENT OF CONSULTANT : MoU with qualified consultant for Architectural and
Structural design of building be uploaded with tender documents. The qualification of consultant be as
per the QR mentioned in the relevant clause. Bids without the MoU will be liable for rejection during
Technical Evaluation.
17. The name, Mobile No. and email ID of the Nodal Officer of MES as under :-
Sl No Name of Nodal Officer of MES E Mail ID Mobile No
(i) Lt Col Jatin C Paghadal, GE (P) [email protected] 9975590622
CA NO: CEKZ/PAN/ OF 2025-2026 SERIAL PAGE NO 25
NOTICE INVITING e-TENDER (CONTD…./)
Panagarh
(ii) Shri Priya Ranjan Paul, AGE B/R-II priyarp.281912- 7063481537
(GE (P) Panagarh) [email protected]
18. The contractor may utilize the services of consultants for preparation of architectural details
and structural details and preparation of architectural and structural drawings through reputed qualified
and experienced consultants in this field. The name of such consultants shall be got approved by the
contractor from the Accepting Officer. The consultants proposed by contractor by for this purpose shall
meet the eligibility criteria for enlistment of consultants corresponding to the applicable Group based on
the estimated cost of the work/project as stipulated in the Standard Operating Procedure laid down in
Engineering-in-Chief Branch letter No A/37696/Gen/Pol/E2W(PPC) dated 28 Feb 2025. While
proposing the name of such consultants for approval, the contractor shall enclose the relevant documents
in support of the eligibility criteria as mentioned in above letter.
19. The contractor shall employ qualified and experienced agents for getting the works of various
services executed wherever there is requirement for this purpose as approved by the Accepting Officer
or the authorized Engineer Authority on its behalf.
20. The contractor shall not sublet any portion of the contract without prior written approval of the
Accepting Officer. However not more than 49% part of the work in terms of Contract value can be
approved for subletting by the Accepting Officer. The credential of subletting contractor shall be
decided by Accepting Officer. The contractor shall be fully responsible for any sub-contract or
contractors, who may carry out the sublet work. The contractor shall not execute the work through
power of attorney holder on his behalf to a third party/another firm except sons/ daughter of
proprietor/partner/director and firm’s own employees, Director, Project Manager. This shall be subject
to conditions which may have been prescribed in the NIT forming part of tender document.
21. Invitation for e-tender does not constitute any guarantee for validation of Technical bid and
subsequent opening of financial bid of any applicant/bidder merely by virtue of enclosing DD.
Accepting Officer reserves the right to reject the Technical bid and not to open the financial bid of any
applicant/bidder. Technical bid validation shall be decided by the Accepting Officer based on
eligibility of the firm as per criteria given in this Appendix. Tenderer/bidder will be informed regarding
non-validation of his Technical bid assigning reasons therefore through tender evaluation report which
shall be uploaded on the website. Such tenderer, if desires, may appeal to the next higher Engineer
Authority (NHEA) i.e. HQ, Chief Engineer, Eastern Command, Kolkata- 700021 on email id
jtdgcontceengrkl- [email protected] with copy to the Accepting Officer on email before the scheduled date of
opening of Cover 2. NHEA shall decide the matter within a period of seven working days from the date
of receipt of appeal. The decision of the NHEA shall be final and binding. The tenderer/bidder shall not
be entitled for any compensation whatsoever for rejection of his bid.
22. Revoking the offer of revising the rates upward or offering voluntary reduction by the lowest
tenderer after opening of Cover-2 shall be considered as a willful default. For this default a penalty
of an amount equal to Earnest Money shall be levied. In case of an un- enlisted tenderer, Earnest
Money deposit by him shall be forfeited. In case of MES enlisted tenderer having deposited the
Standing Security Bond, an amount equal to the earnest money stipulated in the NIT, shall be notified to
the tenderer for depositing through MRO and consideration of such tenderer in tender evaluation for
future works shall remain suspended till the aforementioned amount is deposted in the Government
Treasury. No other disciplinary/administrative action shall be taken against such tenderers. In such a
situation, the next lowest offer shall not be considered for acceptance. Instead, retendering shall be
resorted to in a transparent and fair manner and the defaulting tenderer and his related firm if any, shall
not be eligible for this tender in second call or subsequent calls.
CA NO: CEKZ/PAN/ OF 2025-2026 SERIAL PAGE NO 26
NOTICE INVITING e-TENDER (CONTD…./)
23. Tender to related firms shall not be issued simultaneously. Firms shall be termed as related if
Proprietor/one or more Partners/Directors are common. Decision of Accepting Officer on issue/deny
the tender to any one of the related firms shall be final and binding.
24. INTEGRITY PACT (IP) :- The integrity pact (IP) duly signed by Accepting Officer / Officer
designated by Accepting Officer is uploaded as part of NIT as Annexure – III of Appendix ‘A’ to NIT
and the same shall form part of tender documents. The scanned copy of INTEGRITY PACT (IP) duly
signed on each page by the bidder(s) shall be uploaded as part of technical bid (Cover – I) and original
INTEGRITY PACT (IP) duly signed on each page shall be forwarded to this office by post alongwith
demand draft and all other documents as required and mentioned in Appendix ‘A’ to NIT. Bidders who
do not upload scanned copy of INTEGRITY PACT (IP) duly signed, shall be intimated of the same
alongwith intimation of other such deficient documents, through option of ‘Short Fall Documents’ in e-
tendering portal before ‘T’ Bid evaluation. Any bidder who fails to forward the copy of INTEGRITY
PACT (IP) duly signed even after this communication, shall be disqualified in the Technical Bid
(Cover – I).
25. Court having original jurisdiction over the place from where tender has been issued shall alone
have jurisdiction to decide over any dispute out of or in respect of issue related to bidding under this
tender. After acceptance of tender, condition 72 (Jurisdiction of Courts) of General condition of contract
(IAFW-2249) shall be applicable.
This is certified that to the best of our knowledge and information that M/s / Shri /
Smt__________ having address , a customer of our bank are/
is respectable and can be considered solvent up to ₹ (Rupees )/financially sound
for any engagement up to ₹ (Rupees ). This certificate is
issued without any guarantee or responsibility on the bank or any of the officers.
Note : In case of partnership firm, certificate to include names of all partners as recorded with the
bank.
This is certified that M/s / Shri / Smt having address have/has been
maintaining a saving bank account/ current account/ fixed deposit account with this branch of
bank since and the firm is having working capital of approximately ₹ and/ or
the firm is enjoying overdraft/ credit facilities up to limit of ₹ . This certificate is
issued without any guarantee or responsibility on the bank of any or the officers.
Notes:-
1. For submission of e-tender bidders are requested to get themselves registered with defproc.gov.in
website along with class – II/III Digital Signature Certificate (DSC) issued by authorized CA under IT
Act 2003.
2. For complete details refer our website www.defproc.gov.in at CPP portal.
3. Any change/ modification in the tender enquiry will be intimated through above mentioned
website only. Bidders are therefore requested to visit our website regularly to keep themselves updated.
CA NO: CEKZ/PAN/ OF 2025-2026 SERIAL PAGE NO 28
4. Application not accompanied by requisite value DD/Bankers cheque towards cost of tender shall
not be considered. Price bid (Cover No 2) received without EMD in original up to the date of opening of
Cover 1 (if applicable as required) will not be opened.
5. Full notice of tender IAFW-2162 & enlistment criteria are available in all offices of MES
and also on MES website.
Signature of Contractor
Dated : for Accepting Officer
INTEGRITY PACT
To
Dear Sir(s),
1. It is hereby declared that MES is committed to follow the principle of transparency,
equity and competitiveness in public procurement.
2. The subject Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that the Bidder will sign the Integrity Pact, which is an integral part of
tender / bid documents, failing which the tenderer / bidder will stand disqualified
from the tendering process and the bid of the bidder would be summarily rejected.
3. This declaration shall form part and parcel of the Integrity Pact and signing of the
same shall be deemed as acceptance and signing of the Integrity Pact on behalf of the
MES.
Yours Sincerely,
INTEGRITY PACT
To,
Headquarters
Chief Engineer Kolkata Zone
Military Engineer Services
Dear Sir,
1. I/We acknowledge that MES is committed to follow the Principles thereof as enumerated in
the Integrity Pact enclosed with the tender/bid document.
2. I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that I/We will sign the Integrity Pact, which is an integral part of tender documents,
failing which I/We will stand disqualified from the tendering process. I/We acknowledge that THE
MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE
ACCEPTANCE of the conditions of the NIT.
3. I/We confirm acceptance and compliance with the Integrity Pact in letter and sprit and
further agree that execution of the said Integrity Pact shall be separate and distinct from the main
contract, which will come into existence when tender/bid is finally accepted by MES. I/We
acknowledge and accept the validity of the Integrity Pact, which shall be in line with Para 15 of the
enclosed Integrity Pact.
4. I/We acknowledge that in the event of my/our failure to sign and accept the Integrity Pact,
while submitting the tender/bid, MES shall have unqualified, absolute and unfettered right to
disqualify the tenderer/bidder and reject the tender/bid in accordance with terms and conditions of
the tender/bid.
Yours faithfully
4.3 All the officials of the Principal / Owner will report to the appropriate Government office about
any attempted or completed breach(s) of the above commitments as well as any substantial suspicion of
such a breach.
4.4 In case of any such preceding misconduct on the part of such official(s) is reported by the Bidder to
the Principal / Owner alongwith willful and verifiable facts and the same is prima facie found to be
correct by the Principal / Owner, necessary disciplinary proceedings, or any other action as deemed fit,
including criminal proceedings may be initiated by the Principal / Owner and such a person shall be
CA NO: CEKZ/PAN/ OF 2025-2026 SERIAL PAGE NO 32
debarred from further dealing related to the tender / contract process. In such a case while an Inquiry is
being conducted by the Principal / Owner the tender process / proceedings under the contract would not
be stalled.
COMMITMENTS OF BIDDERS
5. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means
and illegal activities during any stage of his bid or during any pre- contract or post-contract stage in
order to secure the contract or in furtherance to secure it and in particular commits himself to the
following-:
5.1 Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor
any material or non-material benefit or other advantage, commission, fee, brokerage or inducement to
any official of the Principal / Owner, connected directly or indirectly with the bidding process, or to any
person, organization or third party related to the contract in exchange for any advantage in the bidding,
evaluation, contracting and implementation of the Contract.
5.2 The bidder further undertakes that he has not given, offered or promised to give, directly or
indirectly any bribe, gift, consideration, reward, favour any material or non-material benefits or other
advantage, commission, fees, brokerage or inducement to any official of the Principal / Owner or
otherwise in procuring the Contract or forbearing to do or having done any act in relation to the
obtaining or execution of the contract or any other Contract with the Government for showing or
forbearing to show favor or disfavor to any person in relation to the Contract or any other Contract with
the Government.
5.3 The bidder will not collude with other parties interested in the contract to impair the transparency,
fairness and progress of the bidding process, bid evaluation, contracting and implementation of the
contract.
5.4 The bidder will not accept any advantage in exchange for any corrupt practice, unfair mean and
illegal activities.
5.5 The bidder would not enter into conditional contract with any Agent(s), broker(s) or any other
intermediaries wherein payment is made or penalty is levied, directly or indirectly, on success or failure
of the award of the contract.
5.6 The Bidder commits to refrain from giving any complaint directly or through any other manner
without supporting it with full and verifiable facts. Complaint will be processed as per Guidelines for
Handling of Complaints in vogue. In case the complaint is found to be vexatious, frivolous or
malicious in nature, it would be construed as a violation of Integrity Pact.
6. PREVIOUS TRANSGRESSION
6.1 The Bidder declares that no previous transgression occurred in the last three years immediately
before signing of this Integrity Pacts with any other company in respect of any corrupt practices
envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in
India.
6.2 If the Bidder makes incorrect statement on this subject, Bidder can be disqualified from tender
process or the contract and if already awarded, same can be terminated for such reason.
7. COMPANY CODE OF CONDUCT
7.1 Bidder are advised to have a company code of conduct (clearly rejecting the use of bribes and other
unethical behavior) and a compliance program for the implementation of the code of conduct throughout
the country.
8. SANCTION FOR VIOLATION
8.1 Any breach of the aforesaid provisions by the Bidder or any one employed by him or acting on his
CA NO: CEKZ/PAN/ OF 2025-2026 SERIAL PAGE NO 33
behalf (whether with or without the knowledge of the Bidder) or the commission of any offence by the
Bidder or any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal
Code, 1860 or the Prevention of Corruption Act 1988 or any other act enacted for the prevention of
corruption shall entitle the Principal / Owner to take all or any one of the following actions, wherever
required:-
(i) Technical bid of the Bidder will not be opened. Bidder will not be entitled to or give
any compensation. However, the proceedings with the other Bidder(s) would continue.
(ii) Financial bid of the Bidder will not be opened. Bidder will not be entitled to or give
any compensation. However, the proceedings with the other Bidder(s) would continue.
(iii) The Earnest Money Deposit shall stand forfeited either fully or partially, as decided
by the Principal / Owner, in case contract is not awarded to the Bidder and the Principal /
Owner shall not be required to assign any reason therefore. For enlisted contractors an
amount less than or equal to Earnest Money Deposit as decided by the Principal / Owner
shall be deducted from any amount held with the Department / any payment due.
(iv) To immediately cancel the contract, if already concluded / awarded without any
compensation to the Bidder.
(v) To encash the Performance Security furnished by the Bidder.
(vi) To cancel all or any other Contract(s) with the Bidder.
(vii) To temporarily suspend or temporarily debar / permanently debar the bidder as per
the extant policy.
(viii)If adequate amount is not available in the present tender / contract, the deficient
amount can be recovered from any outstanding payment due to the Bidder from the Principal
/ Owner in connection with any other contract for any other works / services.
(ix) If the Bidder or any employee of the Bidder or any person acting on behalf of the Bidder, either
directly or indirectly, is closely related to any of the officers of the Principal / Owner, or alternatively if
any close relative of an officer of the Principal / Owner has financial interest / stake in the Bidder‟s
firm, the same shall be disclosed by the Bidder at the time of submission of tender. Any failure to disclose
the interest involved shall entitle the Principal / Owner to debar the Bidder from the bid process or rescind
the contract without payment of any compensation to the Bidder. The term „close relative‟ for this purpose
would mean spouse whether residing with the Government servant or not, but does not include a spouse
separated from the Government servant by a decree or order of a competed Court; son or daughter or step
son or step daughter and wholly dependent upon Government servant, but does not include a child or a
step child who is no longer in any way dependent upon the Government servant or of whose custody the
Government servant has been deprived of by or under any law; any other person related, whether by blood
or marriage, to the Govt servant or to the Government servant‟s wife or husband and wholly
dependent upon Government servant.
(x) The Bidder shall not lend to or borrow any money from or enter into any monetary dealings or
transactions, directly or indirectly, with any employee of the Principal / Owner and if he does so the
Principal / Owner shall be entitle forthwith to cancel the contract and all other contracts with the Bidder.
8.2 The decision of the Principal / Owner to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder shall be final and binding on the Bidder. However, the Bidder
can approach the Independent External Monitor(s) (IEMs) appointed for the purposes of this
Pact.
9.1. MoD has appointed the following Independent External Monitors for this pact in
consultationwith the Central Vigilance Commission:-
Sl No Name of IEM E-mail id
CA NO: CEKZ/PAN/ OF 2025-2026 SERIAL PAGE NO 34
1. Shri Sudhir Bhargava, IAS (Retired) [email protected]
2. Shri Vikram Srivastava, IPS (Retired) [email protected]
(e) Joint Venture - The Integrity Pact must be signed by all partners and members to Joint
Venture or by one or more partner holding power of attorney signed by all partners and members
to the Joint Venture.
14. Validity
14.1 The validity of this Integrity Pact shall be from date of its signing. It expires for the Contractor after
the final payment under the contract has been made or till the continuation of Defect Liability Period,
whichever is later and for all other bidders, till the Contract has been awarded.
14.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact
remains valid. In this case, the parties will strive to come to an agreement to their original intentions.
……………………………………………………………
(For and on behalf of Principal/ Owner)
……………………………………………………………
(For and on behalf of Bidder/ Contractor)
WITNESSES
1. ………………………………………………………….
…………………………………………………………
(Signature, Name and Address)
2. ………………………………………………………….
…………………………………………………………….
…………………………………………………….
(Signature, Name and Address)
Place:
Date:
CA NO: CEKZ/PAN/ OF 2025-2026 SERIAL PAGE NO 36
INTRGRITY PACT
To
_______________
_______________
_______________
Dear Sir,
It is hereby declared that MES is committed to follow the principle of transparency, equity and
competitiveness in public procurement.
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder
will sign the Integrity Pact, which is an integral part of tender / bid documents, failing which the tender /
bidder will stand disqualified from the tendering process and the bid of the bidder would be summarily
rejected.
This declaration shall form part and parcel of the Integrity Pact and signing of the same shall be deemed
as acceptance and signing of the Integrity Pact on behalf of MES.
Your’s sincerely,
(A) The Military Engineer Services, represented by its CE KOLKATA ZONE and having its office
at (hereinafter referred to as the “Authority” which expression shall, unless repugnant to the context
or meaning thereof, include its administrator, successors and assigns) has invited bid by its Tender ID
No. 2025_MES_ _1 for “DESIGN AND CONSTRUCTION OF PROVN OF MD ACCN
FOR 736 DUs (82 JCOs & 654 ORs) OUT OF 1150 DUs (PH-III OF THREE PHS) AT
PANAGARH MIL STN UNDER GE(P) PANAGARH ON ENGINEERING, PROCUREMENT
AND CONSTRUCTION (EPC) MODE”
(B) The Parties are interest in jointly bidding for the tender as member of a Joint Venture and in
accordance with the terms and conditions of the tender document in respect of the work, and
(C ) It is necessary condition under the pre-qualifying criteria (PQC) that the parties of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy there of with the Application.
2. Joint Venture
(a) The parties do hereby irrevocably constitute a Joint Venture for the purposes of jointly
participating in the Bidding Process for the project.
(b) The Parties hereby undertake to participate in the Bidding Process only through this Joint Venture
and not individually and/ or through any other Joint Venture constituted for this Project, either directly or
indirectly.
CA NO: CEKZ/PAN/ OF 2025-2026 SERIAL PAGE NO 38
3. Covenants The parties hereby undertake that in the event the Joint Venture is declared the
selected Bidder and awarded the contract, it shall perform all its obligations as the Contractor in terms of
the Contract.
4. Role of the Parties The parties hereby undertake to perform the roles and responsibilities as
described below :
(a) Party of the First shall be the Lead member of the Joint Venture and shall have
thepower of attorney from the other Party for conducting all business for and on behalf of the
Joint Venture during the Bidding Process and execution process as well as post execution
process.
(b) Party of the Second Part shall be the Member of the Joint Venture.
5. Joint and Several Liability The parties do hereby undertake to be jointly and severally
responsible for all obligations and liabilities relating to the Project and in accordance with the terms and
conditions given in the NIT and Tender Documents.
6. Field of expertise :- The parties do hereby declare that the field of expertise of the parties are as
under :-
7. Share of Works in the Project The parties agree that the proportion of the Contract to be
allocated among the parties shall be as follows :-
8. Representation of the Parties Each Party represents to the other Party as of the date of this
Agreement that :
(a) Such Party is duly organized, validly existing all in good standing under the laws of its
incorporation and has allr equisit epower and authority to enter into this Agreement.
(b) The execution, delivery and performance by such party of this Agreement has been authorized
by all necessary and appropriate corporate or governmental action and a copy ofthe extract of the charter
documents and board resolution/ power of attorney in favour of theperson executing this Agreement for
the delegation of power and authority to execute thisAgreement on behalf of the Joint Venture party is
annexed to this Agreement , and will not, tothebestofits knowledge:-
(ii) Violate any applicable law presently in effect and havinga pplicability to it.
(iii) Violate the memorandum and articles of association, by-laws or Other applicable
organizational documents thereof.
(iv) Violate any clearance, permit, concession, grant, license or other Governmental
authorisation, approval, judgement, order or decree or any mortgage agreement, indenture or
any other instrument to which such Party is a Party or by which such Party or any of its
properties or assets are bound or that is otherwise applicable to such Party; or.
CA NO: CEKZ/PAN/ OF 2025-2026 SERIAL PAGE NO 39
(v) Create or impose any liens, mortgages, pledges, claims, security interest, charges or
encumbrances or obligations to create a lien, charge, pledge, security, interest, encumbrances
or, mortgage in or on the property of such Party, except for encumbrances that would not,
individually or in the aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from fulfilling its obligations
under this Agreement.
(c) This Agreement is the legal and binding obligation of such Party, enforceable
inaccordance withits terms againstit;and
(d) There is no litigation pending or, to the best of such Party's knowledge, threatened to
which it or any of its Affiliates is a Party that presently affects or which would have a material
adverse effect on the financial condition or prospects or business of such Party in the fulfilment
of its obligations under this Agreement.
9. Termination. This Agreement shall be effective from the date hereof and shall continue in full
force and effect until completion of Defect Liability Period under and in accordance with the Contract, in
case the Project is awarded to the Joint Venture. However, in case the Joint Venture does not pre-qualify
for the Project or does not get selected for award of the Project, the Agreement will stand terminated in
case the Applicant does not pre-qualify or upon return of the Bid Security by the Authority to the Bidder,
as the case may be.
10. Miscellaneous
(b) The Parties acknowledge and accept that this Agreement shall not be amended by the Parties
without the prior written consent of the Authority.
INWITNESSWHEREOFTHEPARTIESABOVENAMEDHAVEEXECUTEDANDDELIVEREDTHIS
AGREEMENTAS OF THEDATEFIRSTABOVEWRITTEN
SIGNED,SEALEDANDDELIVERED SIGNED,SEALEDANDDELIVERED
For and on behalf of
1. In consideration of the President of India (hereinafter called “the government”) having agreed to
exempt (hereinafter called “the said Contractor(s)”) from the demand, under the terms and conditions of
an Agreement dated…………….. made between………………. and…………………
for…………………………………. (hereinafter called “the said Agreement”), of security deposit for the
due fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on
production of a Bank Guarantee for Rs. ………………………………………..
(Rupees……………………………...................only), we…………………………… Bank Ltd.
(hereinafter referred to as “ the Bank”) do hereby undertake to pay to the Government an amount not
exceeding Rs against any loss or damage caused to or suffered or would be caused to or suffered by the
Government by reason of any breach by the said Contractor(s) of any the terms or conditions contained
in the said Agreement.
2. We ………………………… Bank Ltd. do hereby undertake to pay the amounts due and payable
under this guarantee without any demur, merely on a demand from the Government stating that the
amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the
Government by reason of any breach by the said Contractor(s) of any of the terms or conditions
contained in the said Agreement or by reason of the contractor‟s (s) failure to perform the said
Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and
payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted
to an amount not exceeding Rs…………………
3. We………………………….. Bank Ltd. further agree that guarantee herein contained shall
remain in full force and effect during the period that would be taken for the performance of the said
Agreement including the period upto the expiry of Defect Liability Period of the said Agreement and
that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged subsequent to the settlement of
final bill of the said Agreement or till……………………………. (Office/Department), Ministry
of……………………….Certifies that the terms and conditions of the said Agreement have been fully
and properly carried out by the said Contractor(s) and accordingly discharges the guarantee. Unless a
demand or claim under this guarantee is made to us in written on or before the we shall be
discharged from all liability under this guarantee thereinafter.
4. We……………………………Bank Ltd. Further agree with the Government that the
Government shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said
……………………………..Agreement or to extend time of performance by the said Contractor (s) from
time to time or to postpone for any time or from time to time any of the powers exercisable by the
Government against the said contractor (s) and to forbear or enforce any of the terms and conditions
relating to the said agreement and we shall not be relieved from our liability by reason of any such
variation, or extension being granted to the said contractor(s) or for any forbearance, act or omission on
the part of the Government or any indulgence by the Government to the said contractor(s) or any such
matter or thing whatsoever which under the law relating to sureties would but for this provision have
effect of so relieving us.
5. We………………………… Bank Ltd. lastly undertake not to revoke this guarantee during its
currency except with the previous consent of the Government in writing.
Dated Signature
the.......... day of
Not.........20.....
Verified
For Digitally signed
Bank Ltd.
by Laxman Murmu
Date: 2025.07.16 13:58:41 IST
Location: Ministry of Defence-MES