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Transcription:

- NOTICE INVITING TENDER (NIT) Page 1 of 20

Ref No. 24.03.2017 NOTICE INVITING TENDER (NIT) Sub: Tender Enquiry for Construction of Infrastructure facilities for Corporation Bank at Huvinayakanahalli, Hobli Jala, Bengaluru North Taluk, Yelhanka, Bengaluru District. 1. TENDER ENQUIRY NO. : 2. ITEM DESCRIPTION : 3. DUE DATE & TIME OF SUBMISSION OF OFFER : dated 24.03.2017 Tender Enquiry for Construction of Infrastructure facilities for Corporation Bank at Huvinayakanahalli, Hobli Jala, Bengaluru North Taluk, Yelhanka, Bengaluru District. 28.04.2017 at 15.00 Hrs. 4. DATE & TIME OF OPENING OF TECHNO-COMMERCIAL BID : 28.04.2017 at 15.30 Hrs. 5. TENDER COST : Rs. 5,000/- (non-refundable) 6. EARNEST MONEY DEPOSIT : Rs. 390 Lakhs 7. PRE-BID MEETING : 8. PLACE OF SUBMISSION OF YOUR QUOTATION 9. COMPLETION TIME : : 06.04.2017 11.00 Hrs at MECON Limited, No.89, South End Road,, Bangalore 560004. Office of the: DGM (Contracts) MECON Limited, No.89, South End Road,, Bangalore 560004. 20 (Twenty) Months from the date of LOA. Page 2 of 20

Dear Sirs, The Corporation Bank, which is a leading public sector Bank has proposed to build "A Training Academy, IT units, Administrative and other office units" at Hardware Park Industrial area, Huvinayakanahalli, Bangalore North which is located at about 40km away from Bangalore city towards Bangalore International Airport. MECON Limited, Bangalore has been entrusted by Corporation Bank as an Executing Agency, for executing the above project on total Turnkey basis. MECON Limited, Bangalore has engaged M/s. SS Infrastructure Development Consultants Pvt. Ltd., Hyderabad for providing Architectural Consultancy and detailed engineering services for Infrastructure development which consists of Civil, Structural, Electrical, Instrumentation & Communication, HVAC, Plumbing and Sanitary works, Interior, Furnishings, Fire fighting and other allied activities for the above projects. M/s. MECON Limited (hereinafter referred to as MECON), invites sealed bids under two bid system from eligible Indian Contractors for Construction of Infrastructure facilities for Corporation Bank at Huvinayakanahalli, Hobli Jala, Bengaluru North Taluk, Yelhanka, Bengaluru District as per the specification given in the Bid Document. 1.0 SITE INFORMATION Two individual sites admeasuring about 5 and 3 acres, co-located in KIADB layout, Hardware park, Bangalore but separated by about 1.5 km apart. The details of the proposed sites are given below: 1.1 Site-1: Plot No. 47, Hardware Park Industrial Area, situated at Huvinayakanahalli, JalaHobli, Yelahanka, Bangalore North Taluk, Bangalore District, admeasuring 20,234.95 sq. mts. (5 Acres). Page 3 of 19

Boundaries and approximate dimensions of the proposed Site -1 are as follows: Area 20234.95 sq. mts 5 Acres Boundaries North KIADB Road No. 1(45 Mts Wide Road) South KIADB Park and Lake East Plot No. 46 West KIADB Park and Open space Dimensions North 121.24mts South 121.24mts East 166.9mts West 166.9mts PLOT 47 (SITE-1) Layout plan of KIADB Page 4 of 19

1.2 Site-2: Plot No. 1A 17, Bangalore Hardware park, Industrial area, situated at Huvinayakanahalli, JalaHobli, Yelahanka, Bangalore North Taluk, Bangalore District, admeasuring 12,106.822 sq. mts. (3 Acres). Boundaries and approximate dimensions of the proposed Site -2 are as follows: Area 12106.822 sq. mts 3 Acres Boundaries North 24mt wide road South Proposed outer ring road East Plot No. 1A 16 West Plot No. 1A 18 Dimensions North 77.35 mts South East West 77.53 mts 156.52 mts 156.52 mts SITE 1A 17 Layout plan of KIADB Page 5 of 19

2.0 SCOPE OF WORK: The scope of works of this tender cover construction, supply, erection, testing and commissioning & handing over of all units and facilities for both sites including complete Civil, Architectural, Electrical, Plant Communication, Physical Protection System, Audio & Video Systems, Access Control System, Visitor Management System, CCTV Surveillance System, FDA System, IT Infrastructure, Instrumentation, Building automation, Landscape, firefighting facilities, Sewerage system, water supply, rain water harvesting system, HVAC and other Mechanical works etc. The entire scope of work will be executed on item rate contract basis. The detailed scope of works is indicated in the technical specification. 3.0 BID QUALIFICATION CRITERIA 3.1 Eligibility Criteria: 3.1.1 Work Experience: The Bidder should be a well-established and reputed civil engineering/ building contractor of long standing experience and capability in the construction of multi storied building in RCC framed structure. Bidders shall have successfully carried out and completed the following works during the last 10 years ending last day of month previous to the one in which applications are invited. Execution of high raised RCC framed buildings (Height > 15 M) with minimum Built-up area of 3 Lakh Sq. Ft. Execution of RCC Underground/ Basement structures. Execution of Post Tension (PT) members. Execution of Green building as per GRIHA / LEED norms. Execution of HVAC, Lifts, and PHE works. Execution of Intelligent Building management systems/controls and Security systems Bidders shall submit suitable supporting documents as a proof of work executed, like Work order / Agreements and Client certificate/ Completion certificate/ Certified final bill or any other documents indicating the description of works, starting and completion date of the works. Page 6 of 19

3.1.2 Previous Order Value: shall meet the minimum prescribed pre-qualification requirements as follows: Bidders shall have successfully carried out and completed during the last 7 years ending last day of month previous to the one in which applications are invited a) One single order of similar nature of value not less than Rs. 304 Crores/- OR b) Two orders of similar nature each of value not less than Rs. 190 Crores/- OR c) Three orders of similar nature each of value not less than Rs. 152 Crores/- 3.1.3 Definition of similar nature of works: Similar nature of works shall mean Execution of multistoried RCC framed structure with finishes for Office buildings or Academic buildings or Commercial Complex or Auditoriums or Residential high raised buildings or combination of above, with associated Electrical works, Firefighting systems. Bidders shall submit suitable supporting documents as a proof of work executed, like Work order / Agreements and Client certificate/ Completion certificate/ Certified final bill or any other documents indicating the description of works, starting and completion date of the works. 3.1.4 Annual Turnover: The Tenderer shall have average annual turnover of at least Rs. 114 Crores/- during the last three (3) financial years i.e. 2013-14, 2014-15 and 2015-16. The Tenderer shall submit audited annual financial reports/ Chartered Accountant s certificate for the financial years 2013-14, 2014-15 and 2015-16 in support of their meeting the stipulated financial requirements. Page 7 of 19

3.2 Bidder shall pre-qualify only if they meet all the prescribed requirements given under clauses No. 3.1 (Eligibility Criteria). 3.3 Price bids of bidders who have qualified in the above steps and meeting the technical and commercial requirements will be opened in bidders presence and the lowest evaluated price for the entire tender shall be considered for award of job. 3.4 Bidder shall meet the technical as well as commercial qualification criteria as stated above. Bidder shall furnish necessary documentary evidence, along with the Bid, to justify meeting the stipulated Qualification Criteria, such as work orders, completion certificate of relevant previous works reference list of previous supplies, inspection and testing facilities, Annual Report, Balance Sheet etc. In the absence of requisite documents MECON reserves the right to reject the Bid without making any reference to the Bidder. 3.5 Bidders shall have sufficient experienced specialized manpower to ensure work of best quality and workmanship and bidders shall furnish their organizational man power details to support their claim. 3.6 Consortium/ Joint Venture offers shall not be acceptable. Offers submitted by the tenderers forming any sorts of consortium/ Joint Venture shall summarily be rejected. 4.0 EARNEST MONEY DEPOSIT (EMD) 4.1 The Bid must be accompanied by Earnest Money Deposit (EMD) for Rs. 390 Lakhs in the form of a demand draft drawn on any Nationalised / Schedule Bank in favour of MECON LIMITED, or a Bank Guarantee (in prescribed proforma enclosed at Annexure- A from a Nationalised / Schedule Bank. The earnest money shall be kept deposited or the Bank Guarantee shall be kept valid (as the case may be) upto a period of Three months beyond the validity of the Bid. The earnest money will not earn any interest. If the Bidder after submitting his Bid resiles from his offer or modifies the terms and conditions thereof in a manner not acceptable to MECON, the Earnest Money / Bank Guarantee shall be liable to be forfeited / encashed. Bidders not accompanied by Earnest Money / Bank Guarantee shall be rejected. 4.2 On acceptance of the Bid (but not earlier than the expiry date of validity of Tender), the Earnest Money / Bank Guarantee will be returned to the unsuccessful Bidders on request. Page 8 of 19

4.3 Should an Invitation to Tender be withdrawn or cancelled by MECON, which it shall have the right to do at any time, the Earnest Money / Bank Guarantee will be returned to the Bidders. 4.4 Should the successful Bidder fail to furnish the Bank Guarantee for Security Deposit within 30 days from the date of issue of Order, the Earnest Money / Bank Guarantee shall be forfeited / enforced without prejudice to his being liable for any further loss or damage incurred in consequence by MECON. The Earnest Money Bank Guarantee shall be suitably extended, if such a necessity arises, by the successful Bidder till the date fixed by MECON for furnishing the Security Deposit. 4.5 Earnest Money shall be returned to the successful Bidder after the Security Deposit has been furnished to MECON. 5.0 COST OF THE TENDER DOCUMENT 5.1 The prospective Bidders are requested to purchase the complete set of tender document including all relevant drawings from the office of DGM (Contracts), MECON Limited, Bangalore by submitting the Non refundable fee towards cost of tender document, in favour of MECON Limited, payable at Bangalore for the purpose of preparation & submission of their tender. 5.2 The Bidder can also view / download the Tender Document from the websitehttp://www.meconlimited.co.in or http://www.corpbank.com/tenders or http://eprocure.gov.in. In case the Bidder downloads the tender documents from MECON s website as above, Bidder shall submit non-refundable fee towards cost of the Tender Document, along with their bid, as required as per tender conditions. 5.3 The Non-refundable fee towards cost of Tender documents shall be in the form of Demand Draft / Banker s Cheque from a Scheduled or Nationalized Indian Bank drawn in favour of MECON Limited payable at Par at Bangalore. 6.0 COMPLETION TIME: 6.1 Time of completion is the essence of the contract. The Contractor shall complete the Total scope of works in all respects within 20 months from the date of issue of the LOA. Page 9 of 19

7.0 Pre Bid Meeting 7.1 Pre Bid Meeting will be held at MECON Limited, Bangalore on the date indicated in the NIT. The bidder or his authorised representative (s) (limited to two persons only) is advised to attend the pre-bid meeting as per details given in Notice Inviting Tender. The purpose of the meeting will be to clarify and to answer questions on any matter that may be raised at that stage by the bidders. 7.2 The bidder is requested to submit any queries /clarifications / information pertaining to the bidding document in writing delivered by hand or email or by fax so as to reach MECON Bangalore Office one day before the due date for submission of Tender. 7.3 MECON response to the bidders queries /clarifications/information will be furnished as expeditiously as possible to all the prospective bidders who have shown their intention to participate in the bidding by purchasing the bidding document, attending Pre Bid Meeting and / or sending queries. Any modification of the bidding document which may become necessary as a result of the pre-bid meeting shall be made exclusively through the issue of an addendum. 7.4 Non attendance of the pre-bid meeting shall not be a cause of disqualification of the bidder. 8.0 SUBMISSION OF TENDER 8.1 Tender shall be prepared and submitted in one SEALED ENVELOPE containing two individually sealed envelopes inside as follows: Envelope 1 - PART - I (One Original plus Two Copies) This part shall contain Demand Draft / Banker s Cheque payable at par at Bangalore towards cost of tender document in favour of MECON Limited, Earnest Money Deposit in the form of BG / Demand Draft in favour of MECON Limited, Bangalore, Complete techno-commercial bid in 3 sets (1 original + 2 copies) and a photocopy of Price Part after blanking the actual rate offered and written QUOTED (In MECON s Price schedule format only). The cost of tender documents shall be (non-refundable). Page 10 of 19

Tenderer shall strictly ensure that this part does not contain any Price at all. Tenderers shall submit their Price bid and the Un-priced copy of Price schedule strictly as per the Price Schedule Format (Annexure-III) provided along with MECON s tender document and it is hereby suggested not to generate their own Price Format. Further, any foot notes, remarks etc. appearing in the PRICE BID should necessarily appear in the Unpriced copy of the PRICE BID and that there shall be no change or addition / deletion except for filling-up of the actual offer / prices in the Price Part submitted in Part II, as compared to the photocopy of this part submitted with Part I. Any additions, noting / super scriptions made in Part II will make the whole offer liable for rejection. Tenderer must ensure that they are indicating their rate in the PRICE BID, failing which their offer may be liable to be rejected. Tenderer shall submit price format duly signed & stamped. In general NO DEVIATION shall be accepted. Deviation to the Technical Specification, if any, is to be spelt out separately. Envelope 2 - PART II PRICE PART ONLY This shall be marked as PRICE BID and shall contain PRICE part indicating incidence of tax if any as per MECON's price format without any terms & conditions attached. A covering letter indicating clearly the details of Tender shall be submitted describing the contents inside the main sealed envelope as mentioned above. Tender shall be sent duly sealed indicating Tender No., Description and Due date of opening written on the main envelope. The envelope containing the Price Part should clearly be marked as Envelope 2 Part II Price Part only DO NOT OPEN. Tender No., Description, Technical Specification No. and due date shall also be clearly mentioned on the Envelope in Bold Letter. Any Tender with Price Part received in open condition shall be liable to be rejected. Bidder s quoted rate shall be inclusive of all applicable taxes, duties & levies, etc., but excluding service tax. Bidder shall not mention taxes, duties & levies extra or extra as applicable. Before quoting, the Bidders are advised to inspect the site of work and its environments and be well acquainted with the actual working and other prevailing conditions, position of materials and labour. Page 11 of 19

Conditional and unsigned tenders, tenders containing absurd rates, tenders which are incomplete or otherwise considered defective, tenders which are not in accordance with the tender conditions laid down in the Tender Documents and tenders not submitted in the prescribed forms are liable to be rejected. MECON takes no responsibility for delay / loss / non-receipt of bids. Bids sent by Fax / E-mail will not be accepted. Insertion, post-script, addition and alteration shall not be recognised unless confirmed by Bidder's signature and stamp. Incomplete Tender or Tenders (not submitted as per requirement of MECON as indicated in the Invitation to Tender ) shall be liable to be rejected. 8.2 The Tenders as submitted as Envelope 1 - PART - I will consist of the following: i) Cover letter of Tender detailing list of contents in the bid document being submitted by the tenderer. ii) iii) iv) DD / Banker s cheque payable at par at Bangalore towards cost of tender document (Non refundable) Original Bid Security - Bank Guarantee for Earnest Money Deposit shall be valid for at least 3 months beyond the date of validity of offer. Bidders are advised to instruct their banks not to post Bid Security directly to MECON as the same has to accompany with the bid. Power of Attorney / Authorisation with the seal of the company of person signing the Tender document. v) Integrity pact duly signed. vi) One set of the complete tender document duly stamped and signed on each page as a token of acceptance. vii) Documentary evidence establishing Bidder s claim for meeting qualification criteria as stipulated in the Bid Document. viii) Details of work of similar magnitude carried out by the Tenderer; ix) Audited Annual Report of previous three financial years. x) Schedule of Rates (with Price figures blanked) completed in accordance with the requirements specified in the bid document. xi) Copy of PAN Card. Page 12 of 19

xii) Copy of VAT and Service Tax Registration Certificate with Tax Authorities. xiii) PF & ESIC registration Details along with copy of registration certificates. xiv) Copy of certificate of incorporation/ Memorandum & Articles of Association xv) Any other information/details/documents/data required as per Bid Document. xvi) Any other technical information the Tenderer wishes to furnish; xvii) In general No DEVIATION shall be accepted. Deviation to the Technical Specification, if any, to be spelt out separately. 8.3 It shall be the responsibility of the Bidder to ensure that the tender has been submitted in the formats and as per the terms & conditions of the Tender Documents and no change should be made therein. In the event on any doubt regarding the terms & conditions / formats, the persons concerned may seek clarification in this regard from MECON. In case any tampering / unauthorised alteration is noticed in the tender submitted from the tender document available on MECON website and Central Public Procurement Portal (CPP Portal), the said tender shall be summarily rejected and MECON shall have no liability whatsoever in the matter. However, deviations if any, proposed by the Bidder may be separately indicated for acceptance or otherwise by MECON. Such deviation will not be treated as tampering for the purpose of application of the clause. 8.4 A complete set of Tender Document may be purchased by any prospective bidder from the office listed below on submission of a written application and payment of nonrefundable fee by Demand Draft / Banker s cheque drawn in favour of MECON Ltd payable at Bangalore towards cost of Tender Documents. DGM (Contracts) MECON Limited, 89, South End Road,, Bangalore 560 004 Attn.: Shri V. Imayavaramban Phone No. +91-80-2625 2105 / 2657 6442 Fax: +91-80-2657 6352 E-mail: contractsblr@meconlimted.co.in Page 13 of 19

8.5 LANGUAGE The Tender shall be submitted in English language. 9.0 INTEGRITY PACT MECON has entered in to an agreement with Transparency International India to maintain transparency in all procurements. MECON has also appointed External Independent Monitor to monitor the high value procurement. Considering the above, the attached copy of the Integrity Pact at Annexure- G shall be executed by the bidders and submitted along with their offer. In case a bidder does not sign the Integrity Pact, his bid shall be liable for rejection. 10.0 CAPACITY OF THE TENDERER 10.1 TECHNICAL CAPACITY The Bidder shall satisfy MECON that he possesses the necessary technical experience and qualification and that he has at his disposal suitable modern facilities and qualified personnel to ensure that he can undertake the work to the best of quality and workmanship. The Bidder shall furnish necessary particulars in this regard with the Bid. Necessary details in this connection as requested in the Technical Specification may also be furnished. 10.2 LEGAL CAPACITY The Bidder shall satisfy MECON that he is competent and authorised to submit the Bid and / or to enter into a legally binding Contract with MECON. To this effect any person giving a Bid shall render documentary evidence that his signature, on the Bid submitted by him, is legally binding upon himself, his firm or company, as the case may be. 10.3 AUTHORITY OF PERSON SIGNING DOCUMENTS A person signing the Bid form or any document forming part of the Contract on behalf of another shall be deemed to warrant that he has authority to bind such other and if on enquiry it appears that the person signing had no authority to do so, MECON may, without prejudice to other civil and criminal remedies, cancel the order and hold the signatory liable for all costs and damages. Page 14 of 19

11.0 ARRANGEMENT OF TENDER 11.1 The Bid shall be neatly arranged, be plain and intelligible, type-written on white paper with consecutively numbered pages in solid binding and each page signed. They should not contain any terms and conditions, printed or otherwise, which are not applicable to the Tender. 12.0 OPENING OF BIDS BY PURCHASER 12.1 The Purchaser, i.e MECON LIMITED, shall open bids in the presence of Bidders or their authorised representatives who chose to attend, on the specified date and time. The Bidder s representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening. During techno-commercial bid opening, information related to only names of Bidders shall be read out. 12.2 A maximum of two representatives of any Bidders shall be authorised and permitted to attend the bid opening. 12.3 The date fixed for opening of bids, if subsequently declared as holiday by MECON, the revised date of opening will be notified. However, in absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered. 12.4 The Bids will be opened in two stages i.e. the techno-commercial bid (Envelope I) on the date of tender opening given in NIT and the price bids (Envelope - II) at a later date after evaluation of the techno-commercial bids. The date of opening of price bids will be communicated to the techno-commercially acceptable bidders. 12.5 Any query or grievance by a Bidder shall be addressed directly to DGM (Contracts). Any query or grievance received upto one working day before the due date of Bid opening shall be considered by DGM (Contracts) who may at his discretion extend the due date of opening of Bid and thus revised date shall be intimated later on. Query or grievance received after the above due date of opening of tender shall not be entertained. 12.6 In case of non-receipt of competitive bids, the said bid opening may be suspended and further extension of due date of submission of offer may be given or re-tendered, at the discretion of the Purchaser. Page 15 of 19

13.0 PRICE 13.1 The Tenderer shall quote their unit rates and the total price strictly as per the Price Format of the Tender Documents. The contract price for carrying out the entire scope of work is on unit rate basis. The contract price shall be adjusted based on the actual quantity executed under various items of work as per bill of quantities and the unit rates agreed. The contract price shall be subject to price variation as per the price variation clause indicated in the tender document. 13.2 The tenderer shall quote the unit rates both in figure and words. No material modification to the specifications, item description in schedule of items, contract clauses shall be entertained. However, any deviation and financial implications may be reflected in covering letter of tender under Part-I of tender. In case of difference in the rates mentioned in words and figures, the rate mentioned in words shall be considered. 13.3 The quoted rates are inclusive of all charges towards manpower, materials, labour, equipment, tools / tackles, transportation etc. 13.4 The contract price includes all costs for setting up an Office, mobilising and demobilising necessary equipment, tools, tackles, testing etc. and deployment of personnel at site to complete the works within the stipulated time schedule. 13.5 Unit rates of all the items shall remain firm and binding for any variation in quantities during entire period of execution of the Contract except for the following: i) Price adjustment due to variation in Price Indices for Civil and Structural Works shall be as per the Tender conditions. ii) Statutory variation in taxes & duties indicated in this tender within contractual completion period. 14.0 TAXES AND DUTIES 14.1 The Contract Price shall be inclusive of all applicable Taxes, Duties, Levies, etc., such as excise duty, coustom duty, KVAT/CST, Service Tax including Cess, entry tax, royalties, labour cess, levy and other taxes or duties and expenses towards various statutory and regulatory bodies and insurance coverage. 14.2 Variations of taxes and duties arising out of the amendments to the Central / State enactments, in respect of sale of goods / Provision of services covered under this contract shall be reimbursed to the contractor, so long as: Page 16 of 19

They relate to the period after the opening of the price bid, but before the contracted completion period (excluding permitted extensions due to delay on account of the contractors, if any) or the actual completion period, whichever is earlier; and The contractor furnishes documentary evidence of incurrence of such variations, in addition to the invoices/documents for claiming Cenvat /Input Tax credit, wherever applicable. 14.3 The tenderer shall indicate bifurcation of material and service portion. 14.4 The successful Tenderer shall submit material accounting in each invoice. 14.5 The tenderer should be registered under KVAT & Service Tax and should submit copy of VAT Registration Certificate as well as Service Tax Registration Certificate. 14.6 Income tax will be deducted at source as per rules at prevailing rates, unless certificate, if any, for deduction at lesser rate or nil deduction is submitted by the Contractor from appropriate authority. Tax to be deducted at source at prevailing rates as per provisions / Rules under KVAT Act/ Rules. 14.7 LABOUR CESS 14.7.1 The contract price shall be inclusive of labour cess. MECON shall make a recovery @ 1% on account of labour cess from each RA bill of the contractor and labour cess so recovered/deducted shall be deposited with the Labour Board of the concerned state. In case the Labour Board is not established in the state, recovery made by MECON on account of labour cess shall be retained under suspense account and will be deposited with the Labour Board at later date as & when the Labour Board is constituted in the state. 14.7.2 Every contractor, sub-contractor, affiliates, their legal assigns or heirs as the case may, shall be responsible for registration of every Building worker who has completed eighteen years of age but has not completed sixty years of age and who has been engaged in any Building or Other Construction Work for not less than Ninety Days during the preceding twelve months; with the Board/ Funds as applicable under various sections of THE BUILDINGS AND OTHERCONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 and THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, 1996. Page 17 of 19

14.7.3 The contractor shall also be responsible for maintaining register of beneficiaries i.e. the workers in such form as may be prescribed by the competent authority & the same shall be kept open at all reasonable times for inspection of relevant authority and officials of client / MECON. 14.7.4 The contractor shall be further responsible for maintaining such register records; giving such particulars of Building workers employed by him, the work performed by them, the number of hours of work which shall constitute a normal working day, the wages paid to them, the receipts given by them and, such other particulars in such form as may be prescribed by the authority or MECON. 14.7.5 In the event of contractor failing to comply with the above clause(s) in part or in full, MECON, without prejudice to any other rights or remedy available under law or any other clause(s) of contract, shall be at absolute liberty to forfeit any sum or sums that are payable or could become payable on account of execution of contract work and decision of Engineer-in-charge shall be final & binding in this regard on the contractor. 14.8 If any service Tax is payable by MECON on Reverse Charge Basis, same shall be deducted/ recovered by MECON from the payment/ bill of the Contractor. 14.9 Statutory liabilities, if any, which the MECON by virtue of this contract becomes liable to pay shall be deducted by MECON from bills due to the Contractor or encashment of Bank Gurantee (s) or may be recovered, at MECON's sole discretion, by action of law or otherwise from the Contractor. 15.0 PERIOD OF VALIDITY OF TENDER 15.1 Unless otherwise specified, the Tenderer shall keep his tender valid initially for a period of 180 (One hundred and eighty) days from the due date for receipt of the tender. 16.0 CONFIDENTIALITY 16.1 Any information, details or data pertaining to this work/ study & report shall not be disclosed to any other party or used for any other purpose without the prior approval by MECON. Page 18 of 19

17.0 GENERAL 17.1 All matters arising out of or relating to this Tender shall be governed by and interpreted in accordance with the laws of India. 17.2 MECON reserves the right not to accept the lowest or any bid or cancel the tender, without assigning any reason whatsoever. 17.3 All safety measures as required to be adopted as per the statutory regulations and norms shall be strictly followed by the Contractor during execution of the Contract. 17.4 MECON/ Employer will be in no way responsible for any injury or loss of whatever nature caused, if any, to the Contractor or his representatives, while rendering the services in the office/site premises 18.0 NO CLAIM OR COMPENSATION FOR SUBMISSION OF TENDER 18.1 In the event the Tenderer s bid is not accepted, the Tenderer shall not be entitled to claim any costs, charges or expenses incidental to or incurred by him through or in connection with his submission of the bid, even though MECON may elect to withdraw the Notice Inviting Tender. * Please specify Bid Document No. in all correspondences. Yours faithfully, for MECON Limited (V Imayavaramban) DGM (Contracts) Page 19 of 19