Conditions of Tender and Bills of Quantities
Conditions of Tender and Bills of Quantities form part of the contract
The tender must be signed by the tenderer. If the tender is submitted by a firm, it should be registered under the Indian Partnership Act. The tender should be signed separately by each member or by a person holding the Power of Attorney authorising him to do so. The Power of Attorney should be produced with the tender. Each and every signature shall be separately witnessed.
A tenderer must quote his rates both in figures and words and both in decimal coinage. Erasers and alterations must be avoided. In fixing the prices of the quantifies, If errors are made unavoidably, the wrong figures or words must be scored out under the initials of the tenderer and correct figures or words should be Iegibly written. Over writing is not permitted. ‘
Errors in Bills of Quantities shall be dealt as follows :-
- In case of discrepancies, between the rates quoted in words and in figures, the rates quoted in words will be taken as correct.
(b) In case of error occuring in the -amount columns on multiplying the quantities with unit rates, the unit rate will be taken as the correct one.
(c) Any error in description of forms in the Bills of quantities or any omission therefrom will not vitiate the contract or release the contractor from his obligations or execution of the whole or any part of the works or from any of his obligations under the contract.
Where alternative items are given, only the rates are to be entered and not the amount thereof, the Employer reserves the right to take into account any or all of the alternative items either for. accepting the tender or to operate the account, during the execution of -work either in part or in full.
The quantifies furnished in the Bills of Quantities are only provisional. The Employer reserves the right to alter, omit,deduct or add any of the quantities or totally omit any items of work and the Contractor shall not claim any extras on damages on these grounds. Any error in description or in omission shall not vitiate the Contract.
The Contractor’s work shall not deviate form the drawings and the specifications. The architect’s interpretation of the documents shall be final and binding on both parties to the agreement.Tender and Bills of Quantities are to be done.
The drawings, specifications and Bills of Quantities form part of the contract and are complementary to one another representing together the works to be carried out. Errors or inconsistencies, if any, shall be brought to the notice of the Architect before taking up the execution and proper instructions should be obtained. Any such work carried and without seeking clarifications is liable to be rejected. The Contractor shall provide everything necessary for executing the works according to the intent and meaning of the above documents although any part have not been included which are obviously necessary for the proper execution of works. No extra charge should be claimed on this account.
The tenderer should examine the drawings, specifications, conditions of contract, inspect the site of works and acquaint himself with local conditions, the nature of works, payment of taxes andobtaln all necessary information at his own responsibility and cost to enable him to make the proper tender.
The rates quoted in the tender shall include all charges for double scaffoldings, centering materials as per specifications, hire charges for tools and plants, all incidental charges like temporary lighting, sheds, aligning, marking out and clearing of site, access roads, and for all taxes and duties levied by the Central and the State Governments or Local Bodies if and as applicable and also Insurances as provided for in the conditions of contract.
The rates shall be firm and not subject to escalation (except for, the items specifically provided for in the contract even if the execution of work is continued after the specified time of completion on granting extension of time for completion.
The Contractor shall make his own arrangements to obtain all materials required” for the work. The Employer will only make the applications to fulfil any formalities, if necessary, in procurement of any material, for the work. The Contractor will be responsible for collection of materials at his risk from dealers or suppliers against, the release orders,if any, furnished by the Employer to the Contractor. No escalation will be allowed for labour and for materials.
The tenderer shall quote separately the basic prices assumed iron steel, cement, sand, bricks, jelly of all sizes,teak wood and Adanga marble. The tenderer should also indicate the rates of labour for various workers, a list of which has been included in the Schedule of the Document. Only these rates should be adopted for arriving in rate of “supplemental items, that may become necessary and the above information is not for any extra claims.
The rates specified in the Schedule -include provision for maintaining the work executed under this contract free from defects for a period of 12 months from the date of completion of the work and handing over the building.
The Contractor should not claim any compensation for any loss suffered by him on account of delays in commencing or executing the works, whatever be the cause of delays may be including arising out of modification of work entrusted to him.
Omission, neglect or failure on the part of tenderer to obtain requisite and reliable inforrnatlon_ on any matter affecting his tender, the contract and the construction,completion and maintenance (during defects liability period) of the work shall not relieve the tenderer whose tender is accepted from any liability in respect of the contract.
The tenderer shall furnish the following details while submitting his tender :
(i).The names of manufacturers of specialised items such as steel doors and windows, rolling shutters, grills,patented water proofing materials, flush doors, flooring tiles, false ceilings, insulating materials, etc. which he proposes to use in the work.
(ii) The makes and types of fittings, materials, subject to the makes and types stipulated in the specifications,which he proposes to use in the work.
(iii) The details of licences granted to him and/or to professionally qualified and/or licenced technical personnel on his staff who will be engaged on the work (and submit, if called for, the licences for Inspection by the Architects). The tenderer is advised to take into account the sales-tax, seigniorage or quarry fees, octroi duty,terminal-tax, customs duty or any other duty or any charges levied by the. Central or State Government statutory or other public bodies.
The tenderer will submit along with this tender the latest Income-tax Clearance Certificate and also quote his permanent income-tax Account Number in his tender.Tender and Bills of Quantities to checked.
Every tender shall be accompanied by a Demand Draft for Rs.__________ as Earnest Money Deposit drawn in any Bank in favour of M/s.__________ payable at failing which the tender shall be liable for rejection. This Earnest Money Deposit will be refunded to the unsuccessful tenderers without any interest after award of works, however not exceeding __________months from the date of opening the tender.
In the case of successful tenderer whose tender has been accepted, the tenderer shall furnish a bank guarantee on a scheduled bank for a sum equivalent to__________ of the value of the works towards the security deposit for the clue fulfilment of the conditions of contract. On furnishing the above, his earnest money deposit of Rs. ________will be refunded. In addition to the above said , a further sum equivalent to______ of the value of the bill will be deducted in the running bills, thus making the total security amount equivalent to of the value of the works. No interest will be paid for the security deposit. The bank guarantee furnished and _________ of the value of the works retained will be refunded only on completion of the maintenance period. Maintenance period will be one year from the date of completion of works and handing over possession of the building to the employer.
The Earnest Money Deposit is liable to be forfeited without prejudice to any other right or remedy available to the Employer, in case the tenderer modified the terms and conditions of the Tender which are not acceptable to the Employer or revoke his tender during the tender’s validity period or upon acceptance of his tender, fails to start the work in accordance with the instructions of the Employer.The decision of the Employer in this regard shall be final and conclusive and is binding on the tenderer.
The tender shall remain valid for acceptance for a period of _____ months from the date of .opening of tenders.
Tender and Bills of Quantities terms
Unsealed tenders, tenders not submitted on prescribed tender documents, conditional and unsigned tenders,tenders containing absurd rates and amounts, tenders which are incomplete or otherwise considered defective are liable to be rejected.
If a tenderer seeks to clarify his quotation or rates, this shall only be done in a separate covering letter accompanying his tender. Material modifications to the specification, Bills of Quantities or Contract Clause will not be entertained. if the contents of the tenderer’s covering letter are to be considered as part of his quotation, this shall be specifically mentioned by the tenderer. Such covering letter shall be submitted by the tenderer in duplicate.
The tenderer shall submit along with the tender his ‘Credentlals’
The Employer does not bind himself to accept the lowest or any tender or to give any reasons for his decision. He further reserves to himself the right of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at his quoted rates. In the case of acceptance of a part of the tender, time for completion may also be reduced to the extent considered appropriate by the Employer.
The tenderer whose tender is accepted is bound to execute a formal agreement with the Employer in accordance with the draft agreement which will include the – drawings and specifications. The contractor shall bear all expenses in connection with the execution of the said agreement including fees for standing and registration of document as required.
In the event, there are two or more parties for whom the work has been split, the contractor carrying out the relevant work entrusted to him, shall work in close coordination without causing any delay or hindrance to other agencies. Employer have the right to omit at his discretion one or more items of work when placing the order.Tender and Bills of Quantities to be followed.
The Contractor shall promptly notify the EMPLOYER of any change in the constitution of his firm. It shall be open to the . EMPLOYER to terminate this “agreement on the death, retirement, insanity or insolvency of any person being in charge of management in the said organisation in the event of any necessity or on the addition or introduction of a new partner without the prior approval in writing to the EMPLOYER, such option shall not be exercised or such approval withheld unreasonably.
The work shall be taken to have commenced from the date on which the contractor takes over the site or 10th day of the intimation of acceptance of the tenden whichever is earlier and that the site will be handed over only on the production of Bank Guarantee for a sum equivalent to ______1% of the value of the works towards the security deposit. The contractor shall complete the work within _______ months from the date of commencement.
On acceptance of the tender, the contractor shall in writing and at once inform the Employer and the Architect, the names of his accredited representative, who will be responsible to take instructions rom the Architect/Employer.
Following Conditions of Tender and Bills of Quantities to be followed.
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