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GOVERNMENT OF WEST BENGAL BHABANI BHABAN NEW BUILDING, 1ST FLOOR

O F F I C E O F T HE E X E C U T I V E E N G I N E E R ALIPORE, KOLKATA – 700027


PUBLIC WORKS DEPARTMENT
Tel :- 2450-6007
ALIPORE DIVISION 2479-0130
FAX 2479-0135
e- mail address :- exealipwd@yahoo.com
Memo No. 1382 /NIT Date 16.04.2018
NOTICE INVITING ELECTRONIC TENDER NO.2/B
OF 2018-2019 OF E.E. – II, ALIPORE DIVISION, P.W.D.
WBPWDEEIIALI/NIET2B/18-19
Tender I.D 2018_WBPWD_169772_1

The Executive Engineer II, Alipore Division, Public Works Directorate, invites e-Tender for the work detailed in
the table below.(Submission of Tender through online ).

List of schemes:- ( Name of Sub Division: Behala Sub Division, P.W.D.)


Sl. Name of the work Estimated Earnest Price of Price per Time of Eligibility of Name of
N Amount put to Money W.B. Form set of Completion Contractor Sub
o Tender (Rs.) No. other Division
(Rs.) 2911 (ii) document
(Rs.) (Rs.)
1 Surface repairing of i)Intending
16,18,181/- 30 days tenderers
Taratala Fly over, 32364/- As per no.199-CRC/2M- should produce
Majerhat Bridge and 10/2012 dated 21.12.2012 credentials of a
of Secretary to the similar nature
D H Road from 13.205 Government of West of work, of
km to 14.486 km Bengal, that the intending minimum value
tenderers shall not have to of 40% of the Behala
Western flank during pay the cost of tender estimated Sub
the year 2018-19 documents for the amount put to
purpose of participating in tender during
Division
e-tendering. Five (5) years P.W.D.
prior to the
date of issue of
the tender
notice.
Or ii)Intending
tenderers
should produce
credentials of a
similar nature
of 2 work each
of minimum
value of 30%
of the
estimated
amount put to
tender during
last Five (5)
years prior to
the date of
issue of the
tender notice.
Or
iii)Intending
tenderers

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should produce
credentials of
one (1) single
running work
of similar
nature of the
minimum value
of 80 % of the
estimated
amount put to
tender prior to
the date of
issue of the
tender notice.
iv) In case of
running works,
only those
tenderers who
will submit the
certificate of
satisfactory
running work
from their
concerned
Executive
Engineer, or
equivalent
competent
authority will
be eligible for
the tender. In
the required
certificate it
should be
clearly stated
that the work is
in progress
satisfactorily
and also that no
penal action
has been
initiated against
the executed
agency, i.e the
tenderer.
(vide
Notification
No.04-
A/PW/O/10C-
02/14
dtd.18.03.2015)

Bid Evaluation Committee as per Principal Secretary to the Govt of West Bengal, Public Works Department No.453-W( C )/1M-
23/15 dt.15.09.2015
Executive Engineer II
Alipore Division (PWD)
Assistant Engineer Sr Divisional A/cs Officer
Behala Sub Division (PWD) Alipore Division (PWD)

** All individual Item rates in the BOQ are inclusive of prevailing GST rate, Labour Welfare CESS and all other
taxes as applicable.
Basic work value can be calculated by dividing the Gross Bill value (after applying contractual percentage) by
1.1312.

1. For e – filing, intending bidder may download the tender documents from the website :
http://etender.wb.nic.in directly with the help of Digital Signature Certificate tender
document .

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The process of deposit of hard copy earnest money like Bank Draft, Pay Order etc is
dispensed with effect from 01.09.2016 e.i terms of order No. 3975-F(Y) Dated 28th
July,2016 of Secretary, Finance department, Govt. of West Bengal and online receipt and
refund of EMD under e-Procurement system through State Govt e-procurement portal
takes place.
Login by bidder :
a) A bidder desires of taking part in a tender invited by a State Government Office / PSU
/Autonomous Body/ PRIs, etc shall login to the e-procurement portal of the
Government of West Bengal http://etender.wb.nic.in using his login ID and passwords
b) He will select the tender to bid and initiate payment of pre-defined EMD / Tender Fees
for that tender by selecting from either of the following payments modes:
i) Net Banking (any of the banks listed in the ICICI Bank Payment gateway) in case of payment through
ICICI Bank Payment Gateway;
ii) RTGS/NEFT in case of offline payment through bank account in any Bank.

Bidders eligible for exemption of EMD as per Govt. rule may avail the same by submitting
documents regarding the exemption of EMD must be uploaded in the ‘Other important
documents folder’ of Statuary bid documents.
2. Both Technical bid and Financial Bid are to be submitted concurrently duly signed digitally in the website
http://etender.wb.nic.in.
3. The FINANCIAL OFFER of the prospective tenderer will be considered only if the tender qualifies in the Technical Bid. The
decision of the Executive Engineer, Alipore Division, P.W.D will be final and binding on all concerned and no challenge
against such decision will be entertained. The list of Qualified tenderers will be displayed in the website on the scheduled
date and time.
4. Where there is a discrepancy between the unit rate & the line item total resulting from multiplying the unit rate by the
quantity, the unit rate quoted shall govern.
5. Running payment for work may be made to the executing agency as per availability of fund. The executing agency may not get
a running payment unless the gross amount of running bill is at least 30% of the tendered amount. Provisions in Clause(s) 7, 8
& 9 contained in W.B. Form No.2911(ii) so far as they relate to quantum and frequency of payment are to be treated as
superseded.
6. Bids shall remain valid for a period not less than 120 (One hundred twenty) days after the dead line date for Financial Bid
submission.
7.A. Important Information
DATE AND TIME SCHEDULE:
Sl. No. Particulars Date & Time
1. Date of uploading of N.I.T. Documents (online)
(Publishing Date) 16.04.2018 at 6.30 PM
2. Tender documents download start date (Online) 16.04.2018 from 6.35 PM
3. Tender documents download end date (Online) 04.05.2018 up to 5.00 PM
4. Bid proposal submission start date (On line) 16.04.2018 from 6.40 PM
5. Bid proposal Submission end date (On line) 04.05.2018 up to 5.30 PM
6. Bid opening date for Technical Proposals (Online) 07.05.2018. at 11.00 AM
7. Date & Place for opening of Financial Proposal To be notified during uploading of
(Online) Technical Evaluation Sheet of
At OFFICE OF THE EXECUTIVE ENGINEER Tenderers
ALIPORE DIVISION, PWD
BHABANI BHABAN NEW BUILDING, 1ST FLOOR
ALIPORE, KOLKATA – 700027

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7.B LOCATION OF CRITICAL EVENT
Bid Opening OFFICE OF THE EXECUTIVE ENGINEER
ALIPORE DIVISION, PWD
BHABANI BHABAN NEW BUILDING, 1ST FLOOR
ALIPORE, KOLKATA – 700027

8. Earnest Money : The amount of Earnest Money @ 2% (two percent) of the Estimated amount put to tender and to be
submitted in favour of “Executive Engineer -I, PWD, Alipore Division” through on line vide order No. 3975-F(Y) Dated 28th
July,2016 of Secretary, Finance department, Govt. of West Bengal.
Except Labour Co-operative Societies , as per Memorandum No.6718-F(Y), dated 08.09.2015 partial modification of this Department Memorandum
No.6204-F(Y), dated 17.08.2015 of CAO & EO Joint Secretary to the Government of West Bengal it is stated that in terms of Note (v) under Rule 32 of the
West Bengal Financial Rules, Vol.1, Labour Co-operative Societies are exempted from payment of Earnest Money only against all tenders of the
Government. These Societies, if selected through tender will have to furnish Security Deposit for performance of the work.
9. The Bidder, at his own responsibility and risk is encouraged to visit and examine the site of works and its Surroundings and
obtain all information that may be necessary for preparing the Bid and entering into a contract for the work as mentioned in
the Notice Inviting Tender, before submitting the offer with full satisfaction.
The cost of visiting the site shall be at his own expense.
10. The intending Bidders should clearly understand that whatever may be the outcome of the present invitation of Bids, no cost
of Bidding shall be reimbursable by the Department. The Executive Engineer, Alipore Division reserves the right to reject any
or all the application(s) for purchasing Bid Documents and/or to accept or reject any or all the offer(s) without assigning any
reason whatsoever and is not liable for any cost that might have been incurred by any Tenderer at the stage of Bidding.
11. The intending tenderers are required to quote the rate on line, only. No off line tender will be entertained.
12. Contractor shall have to comply with the provisions of (a) the contract labour (Regulation Abolition) Act. 1970 (b) Apprentice
Act. 1961 and (c) minimum wages Act. 1948 and any notification thereof or any other laws relating there to and the rules
made and order issued there under from time to time.
13. During the scrutiny, if it comes to the notice to the tender inviting authority that the credential(s) and/or any other paper(s)
of any bidder is / are incorrect/ manufactured/ fabricated, that bidder will not be allowed to participate in the tender and
that application will be rejected outright. The Executive Engineer, Alipore Division, P.W.D. reserves to right to cancel the
N.I.T. 0r issue corrigendum notices to the NIT due to unavoidable circumstances and no claim in this respect will be
entertained.
14. In case of any objection regarding prequalifying an Agency, that should be lodged to the Executive Engineer within 1 day
from the date of publication of the list of qualified agencies and beyond that time schedule no objection will be entertained.
15. Before issuance of the work order, the tender inviting authority may verify the credential(s) and/or other document(s) of the
lowest tenderer, if found necessary. After verification, if it is found that the document(s) submitted by the lowest tenderer
is/are either manufactured or false, the work order will not be issued in favour of the said Tenderer.
16. The work is URGENT in nature and agency entrusted for it shall have to complete the work within stipulated time without
any failure.
16.A) The contractor shall have to take photography of the work just before commencement of different important stages and
after completion which shall have to be submitted with the bill in duplicate and no extra payment will be made on this
account
17. All the agencies shall have to fill up their mobile number and email address otherwise the tenders may be treated as
informal.
17. A) The successful bidder shall submit original documents for verification before issue of work order within two days of the
issue of letter of Indent.
18. If any discrepancy arises between two similar clauses on different notification(s), the clause as
stated in later notification will supersede the former one in the following sequence :-
i) Form No. 2911(ii)
ii) NIT
19. Guiding Schedule of rate & Supplementary
items of work :- Building and S & P works and Road & Bridge work PWD (WB) Schedule of Rates
w.e.f. 01.11.2017 with up to date addenda and corrigenda
20. With whom the acceptance of the
tenders vest : Executive Engineer II, Alipore Division, P.W.D.
21. Location of Godown / Stackyard from
where Departmental materials will be
issued, if any : Any Godown / Stackyard within the
jurisdiction of Alipore Division, PWD.

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Cement to be arranged by the executing agency at his own cost and Steel will be supplied by the Department for the dia
of Bars available at the Departmental Godown.

Intending tenderers are required to submit online attested/self-attested photocopies of valid partnership deed (in case of
partnership firm), current Professional Tax Deposit Challan / Professional Tax Clearance Certificate, PAN Card, Trade License
from the respective Municipality, Panchayet etc. , [Non statutory documents]
22. In terms of notification no.09-W( C)/1M-286/15 dt.23.09.2015 of Principal Secretary to the Govt of West Bengal PWD-
‘Where an individual person holds a digital certificate in his own name duly issued to him by the company or the firm of
which he happens to be a director or partner such individual person, either belonging to an appropriate cadre officer of
the company or an authorized partner of a firm, having a registered power of attorney empowered by the Board or by
the firm, shall invariably upload a copy of registered power of attorney showing clear authorization in his favour, to
upload such tender. The power of attorney shall have to be registered in accordance with the provision of the
Registration Act,1908’.

In case of Registered Unemployed Engineers’ Co-operative Societies and Registered Labour Cooperative Societies, attested
photocopies of documents of credentials showing satisfactory completion of a single work in any Government Department
st nd
during the last five (5) years of value not less than 40 % in respect of 1 call of NIT, 30% in respect of 2 call of NIT, 20% in
rd
respect of 3 call of NIT of the Estimated Cost of the work applied for, ‘Certificate of Registration’ from the respective Assistant
Registrar of Co-operative Societies, Professional Tax Deposit Challan / Professional Tax Clearance Certificate, PAN Card, must be
submitted online. Payment Certificates in lieu of credentials will not be accepted. [Non statutory documents]

If the dates fall on holidays or on days of bandh or natural calamity, the dates defer to next working days.
All tenderers are requested to be present online during opening of tenders positively. If considered necessary, instant online
bid may be conducted immediately after opening of tenders to lower down rates and in no case his/their absence will stand
against holding the same.

In case of inadvertent typographical mistake found in the specific price schedule of rates, the same will be treated to be so
corrected as to conform with the prevailing relevant schedule of rates and / or technically sanctioned estimate.

The intending tenderer is required to quote the rate in figures as well as in words as percentage above / below than or at par
with the relevant price schedule of rates.
Conditional / incomplete tender will not be entertained.

The accepting authority reserves the right to reject any or all the tenders without assigning any reason whatsoever and he will
not be bound to accept either the lowest tender or any of the tenders.

Issuance of work order as well as payment will depend on availability of fund and no claim whatsoever will be entertained for
delay of Issuance of work order as well as payment, if any. Intending tenderers may consider this criteria while quoting their
rates.
If any tenderer withdraws his offer before acceptance or refuse within a reasonable time without giving any satisfactory
explanation for such withdrawals, he shall be disqualified from submitting tender to this Division (or Sub Division under this
Division) for minimum period of 1(one) year.

Tax to be deducted as per rule in force with effect from 01.07.2017

Cess @ 1% (One Percent) of the cost of construction works will be deducted from the bills of the contractors on all contracts
awarded on or after 01.11.2006 in pursuance with G.O. No. 599A/4M-28/06 dated 27.09.2006.

Successful Tenderers will be required to obtain valid Registration Certificate & Labour License from respective Regional Labour
Offices where construction work by them are proposed to be carried out as per Clauses u/s 7 of West Bengal Building & other
Construction Works’ Act, 1996 and u/s 12 of Contract Labour Act.
Power of Attorney holders are not allowed to sign Tender Documents unless otherwise approved by Government.
Clause-25 of the conditions of contract of the West Bengal Form No. 2911/2911(ii) may be treated to be omitted and there is no
provision for arbitration for resolution of disputes that may arise out of the contracts to be entered into by the Department with
the contractors for the purpose of carrying out execution of public works as per G.O No. 558/SPW dated 13-12-2011 of P.W.D.

Successful tenderer will have to produce documents in original for verification prior to issuance of Work Order.

Successful tenderers will be required to observe the following conditions strictly:

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a) Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 and Employees State Insurance Act,1948 should be
strictly adhered to wherever such Acts become applicable.
b) Minimum wages to the workers shall be paid according to the rates notified and/or revised by the State Government from
time to time under the Minimum Wages Act, 1948 in respect of scheduled employments, within the specified time as per
law. Payment of bonus, wherever applicable, has to be made.
c) Adequate safety and welfare measures must be provided as per the provisions of the Building and other Construction
Workers’ (Regulation of Employment & Conditions of Service) Act, 1996 read with West Bengal Building and Other
Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2004.
d) All liabilities arising out of engagement of workers are duly met before submission of bills for payment.

If there is any violation of any or all the relevant above criteria during execution of the job, it will render the concerned agencies
ineligible for the work then and there or at any subsequent stage as may be found convenient.
As per Notification No.5784-PW/L&A/2M-175/2017 dtd.12.09.2017 and in cancellation of earlier
notification no.177-CRC/2M-57/2008 dated 12.07.2012, in the manner mentioned here under :-

(1) Clause 17 of CONDITIONS OF CONTRACT of the Printed Tender Form shall be substituted by the
following :

Clause 17- If the contractor or his workmen or servants or authorized representatives shall break, deface,
injure, or destroy any part of building, in which they may be working, or any building, road, road-curbs,
fence, enclosure, water pipes, cables, drains, electric or telephone posts or wires, trees, grass or grassland
or cultivated ground contiguous to the premises, on which the work or any part of it is being executed, or if
any damage shall happen to the work from any cause whatsoever or any imperfection become apparent in
it at any time whether during its execution or within a period of three months or one year or three years or
five years, as the case may be ( depending upon the nature of the work as described in the explanation
appended hereto) hereinafter referred to as Defect Liability Period, from the actual date of completion of
work as per completion certificate issued by the Engineer-in-Charge, the contractor shall make the same
good at his own expense, or in default, the Engineer-in-Charge may cause the same to be made good by
other workmen and deduct the expense (of which the certificate of the Engineer-in-Charge shall be final
and binding on all concerned) from any sums, whether under this contract or otherwise, that may be then,
or at any time thereafter become due to the contractor from the Government or from his security deposit,
either full, or of a sufficient portion thereof and if the cost, in the opinion of the Engineer-in-Charge (which
opinion shall be final and conclusive against the contractor) of making such damage or imperfection good
shall exceed the amount of such security deposit and /or such sums, it shall be lawful for the Government
to recover the excess cost from the contractor in accordance with the procedure prescribed by any law for
the time being in force.
Provided further that the Engineer-in-Charge shall pass the “Final Bill” and certify thereon, within a period
of thirty days with effect from the date of submission of the final bill in acceptable form by the contractor,
the amount payable to the contractor under this contract and shall also issue a separate completion
certificate mentioning the actual date of completion of the work to the contractor within the said period of
thirty days. The certificate of the Engineer-in-Charge whether in respect of the amount payable to the
contractor against the “Final Bill” or in respect of the amount payable to the contractor against the “Final
Bill” or in respect of completion of work shall be final and conclusive against the contractor. However, the
security deposit of the work held with the Government under provision of Clause 1 hereof shall be
refundable to the contractor in manner provided here under :-

(a) For work with three months Defect Liability Period:


(i) Full security deposit shall be refunded to the contractor on expiry of three months from the actual date
of completion of the work.
(b) For work with One year Defect Liability Period:
(i) Full security deposit shall be refunded to the contractor on expiry of one year from the actual date of
completion of the work.
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(c) For work with Three years Defect Liability Period:
(i) 30% of the security deposit shall be refunded to the contractor on expiry of two years from the actual
date of completion of the work;
(ii) The balance 70% of the security deposit shall be refunded to the contractor on expiry of three years
from the actual date of completion of the work.
(d)For work with Five years Defect Liability Period:
(i) No security deposit shall be refunded to the contractor for 1st 3 years from the actual date of completion
of the work;
(ii) 30% of the security deposit shall be refunded to the contractor on expiry of four years from the actual
date of completion of the work;

(iii) The balance 70% of the security deposit shall be refunded to the contractor on expiry of five years from
the actual date of completion of the work.
Explanation:
The word ‘work’ means and includes road work, bridge work, building work, sanitary and plumbing work,
electrical work and / or any other work contemplated within the scope and ambit of this contract. For
(i) The work of patch repair or patch maintenance in nature or a combination thereof, the Defect Liability
Period of the work shall be Three months from the actual date of completion of the work.
(ii) Through Bituminous Surfacing work with bituminous thickness less than 40 mm. Repair & Rehabilitation
of any road / bridge/ culvert/ building / Sanitary & Plumbing work, the Defect Liability Period of the work
shall be one year from the actual date of completion of the work.
(iii) Extension of building / bridge / culvert, Construction of new flexible pavement upto bituminous level
which has been designed for a period of 3 years or more. Widening and strengthening of flexible pavement
designed for a period of 3 years or more. Improvement of riding quality / Strengthening of flexible
pavement designed for a period of 3 years or more; Providing only mastic asphalt layer over existing
bituminous surface without providing bituminous profile corrective course / bituminous base course, the
defect Liability Period of the work shall be Three years from the actual date of completion of the work.
(iv) Construction of new building / new bridge / new culvert. Reconstruction of building / bridge / culvert
including construction of approach roads for bridge / culvert, Construction of rigid pavement,
Reconstruction of rigid pavement, Construction of new flexible pavement covered by mastic work which
has been designed for a period of 5 years or more, Widening and strengthening of flexible pavement
covered by mastic work which has been designed for a period of 5 years or more, Improvement of riding
quality / Strengthening of flexible pavement covered by mastic work which has been designed for period of
5 years or more, the Defect Liability Period of the work shall be five years from the actual dae of
completion of the work;

(2) The following paragraph shall be added to the Interpretation Clause of CONDITIONS of CONTRACT :-

“The word ‘Government’ means the Government of the State of West Bengal in Public Works
Department.”

This bears concurrence of Group –T of Finance (Audit) Department vide their U.O No.417 dt.22.08.2017.

The Bank Guarantee, now pledged in the form of Security Deposit will be released to the contractor in the
following manner, if not forfeited under conditions of contract –
(a) For work with three months Defect Liability Period:
i) Full amount shall be refunded to the contractor on expiry of three months from the actual date of
completion of the work.
(b) For work with one year Defect Liability Period:
i) Full amount shall be refunded to the contractor on expiry of one year from the actual date of completion

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of the work.
(c) For work with three years Defect Liability Period:
i) 30% of the same shall be refunded to the contractor on expiry of two years from the actual date of
completion of the work;
ii) The balance 70% of the same shall be refunded to the contractor on expiry of three years from the
actual date of completion of the work ;
(d) For work with Five years Defect Liability Period:
i) No amount shall be refunded to the contractor for first 3 years from the actual date of completion of the
work;
ii) 30% of the same shall be refunded to the contractor on expiry of four years from the actual date of
completion of the work;
ii) The balance 70% of the same shall be refunded to the contractor on expiry of five years from the actual
date of completion of the work ;
vide NOTIFICATION NO.5951-PW/L&A/2M-175/2017 dt.02.11.2017 of Principal Secretary Public Works
Department. This bears concurrence of Group-T of Finance (Audit) Department vide U.O No.417
dtd.22.08.2017.
*****Special Terms and Conditions
1 . A l l w o r k s s h a l l b e e xec u t e d a s p e r d i r ec t i o n o f E n g i n e e r – i n - c h a r ge .
2 . A l l m a t e r i a l s s h a l l b e a s a p p r o v e d b y t h e E ng i n e e r – i n - c h a r g e a n d t e s t i n g c h a r g e s f o r a ll
m a t e r i a l s s h al l b e b o rn e b y t h e c o n t r ac t o r .
3. For Roof treatment
A . P . P . M o d i f i e d B i t u mi n o u s M e m b r a ne : -
T h e w o r k s h a l l b e e x e c u te d u n d e r s up er v i s i o n o f t h e s e l e c te d a p p l i c a t o r c om p a ny .
T h e S e c u ri t y de p o s i t @ 1 0 % o f th e ex e c u te d v a l u e o f t h e w o r k s h al l be d e d u c t e d f r om t h e b i l l
a n d r e t ai n e d ti l l c om p l e t i o n o f t h e D e fe c t L i a b i l i t y P e r i o d w h i c h s ha l l b e f o r a p e r i od o f 8
( E i g h t ) y e a rs f r o m t h e d a t e o f C o m p l et i o n o f t h e w o r k . I f a n y d e fe c t i s o b s e rv e d w i t h i n t h e
D e f e c t L i a bi l i ty P e r i o d, t h e F i r m s s h al l h a v e t o r e c t i f y t h e d e fe c t a t t h e i r o w n c o s t v er y
p r o m p t l y o n r e c ei p t o f r e p o r t f r om t h e o f f i c e ; 7 5% o f t o t a l S e c u ri t y d e p o s i t w i l l b e re f u n d ed
a f t e r s u c c e s s f u l c o mp l e t i o n o f 5 ( F i v e ) y e a r s a n d b a l an c e s ec u r i ty d e p o s i t w i l l be r e fu n d ed
a f t e r s uc c es s f ul l y c o mpl e t i o n o f 8 ( E i gh t ) y ea r s .
4. Painting work :-
T h e w o r k s h a l l b e ex e c u t e d u n de r s u pe r v i s i o n o f t h e s e l e c t e d P a i n t Co m p a ny .
5. Sanitary & Plumbing works :-
W a r r a n t y c e r t i fi c a t e s ha l l b e s u bm i t t e d t o t h e c o n c e rn e d S A E .
6. Fire fighting works :-
D e m o n s t r a ti o n w i l l h av e t o b e a r r an g e d b y t he a g e n c y a t hi s o w n c o s t.
Special Terms & Condition -:
“Any intending bidders who have failed to execute more than one works contract under any
Directorate of this Department and was terminated by any sub rule under clause 3 of Tender Form
No.2911 or terminated under any clause of Standard Bidding Document by the Engineer-in-charge /
Employer during last 3 (three) years will not be eligible to participate in any bid under any
Directorate under this Department for another 2 (Two) years from the date of imposition of last
termination notice by the Engineer-in-Charge / Employer.”
th
As per No.547-W(C) /1M-387/15 dt.16 November 2015 of Joint Secretary to the Government of West Bengal
Public Works Department :-

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Suspension and Debarment of Contractor, Supplier and Consultant participating for Public Works under
Public Works Department :-

The Government has been considering for some time past to introduce penal measure to the bidders and agencies
selected for executing public works for their false declaration or forgery or falsification of records submitted or failure to
execute committed contract or for their failure to perform contractual obligations and thereby resulting delay for
execution of the public works or execution of faulty works.
Now, after careful consideration of the entire matter, the government is pleased to prescribe detailed procedure for
taking penal measures of suspension and debarment of suppliers, contractors and consultants who are participating in
the tender process as well as selected for execution of public works for their false declaration or forgery or falsification
of records submitted or failure to execute committed contract or for their failure to perform contractual obligations and
thereby resulting delay in execution of the public works or execution of faulty works.

PROCEDURE FOR SUSPENSION AND DEBARMENT OF SUUPPLIERS, CONTRATORS AND CONSULTANTS


1. Scope
The procedure as laid down in subsequent paragraphs shall govern the suspension / debarment of
suppliers, contractors and consultants (“contractors” for brevity) involved in government procedure for
offenses or violations committed during competitive bidding and contract implementation, for the works under
Public Works Department, Government of West Bengal.
2. Prohibition on suspended / Debarred persons / entities to participate in the bidding of Government
Projects / Contracts of the Department
A person / entity that is suspended / debarred by a procuring entity shall not be allowed to participate
in any procurement process under Public Works Department during the period of suspension / debarment
unless the same has been revoked.
A joint venture or consortium which is suspended / debarred or which has suspended / debarred
member/s and or partner/s as well as person / entity who is a member of a suspended / debarred joint venture
or consortium shall. likewise, not be allowed to participate in any procurement process under Public Works
Department during the period of suspension / debarment unless the same has been revoked.
3. Definition of terms
3.1 Bidder :- A person / Contractor / Agency / Joint Venture / Consortium / Corporation participating in
the procurement process and / or a Person / Contractor / Agency / Joint Venture /
3.2 Bid Evaluation Committee (BEC in short):
a) “Bid Evaluation Committee” for the bids invited by the Executive Engineer will be
comprising of (i) Concerned Executive Engineer inviting bids as Chairperson and
convener, (ii) Divisional Accounts Officer as member and (iii) Concerned Assistant
Engineer as member.
The Bid Evaluation Committee, as constituted by the Department from time to
time.
3.3 Consolidated Debarment List : A list prepared by the Department containing the list of bidders
debarred by the Public Works Department, Government of West Bengal. The list would be
displayed on website of the Department.
3.4 Contract implementation :- A process of undertaking a project in accordance with the contract
documents
3.5 Debarment :- An Administrative penalty, in addition to the contract provision, disqualifying a bidder
from participating in any procurement process under Public Works Department, Government of
West Bengal for a given period.
3.6 Debarred Bidder :- A Bidder who was disqualified by the competent authority of the Public Works
Department, Government of West Bengal.
3.7 Department : Public Works Department, Government of West Bengal.
3.8 Debarment Committee (Committee competent for issuing Debarment Order):- The
“Debarment Committee” will be comprising of the (i) The Engineer in Chief & Ex –Officio
Secretary, Public Works Department as Chairperson and convener, (ii) The Chief Engineer, Head
Quarter, Public Works Directorate as member.
The Debarment Committee is authorized to decide to place alleged bidders under debarment.
3.9 Entity :- A person / Contractor / Agency / Joint Venture / Consortium / Corporation participating in
the procurement process and / or a Person / Contractor / Agency / Joint Venture / Consortium /
Corporation having an agreement / contract for any procurement with the department shall be
referred as entity.
3.10 Offence :- A violation or breach of law, regulation, laid down procedure etc.
3.11 Procurement :- It is the act of buying goods, services or works from an external source. It is
favorable that the goods, services or works are appropriate and that they are Procured at the best
possible cost to meet the needs of the acquirer in terms of quality and quantity, time and location.
3.12 Procuring Entity / Authority :- The officer authorized by the Public Works Department
Government of West Bengal, for procurement.
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3.13 Suspension :- Temporary disqualification of a bidder from participating in the procurement
process of Public Works Department for a period of 6 (Six) months when an offence is made out
against bidder.
3.14 Suspension Committee (Committee competent for issuing Suspension Order):- “Suspension
Committee” will be comprising of (i) Zonal Chief Engineer of the concerned Directorate, as
chairperson and convener, (ii) Assistant Chief Engineer (Monitoring) of the concerned Directorate
as member and (iii) Concerned Superintending Engineer, of the respective wing, as member.
4. Grounds for suspension and debarment
4.1 Submission of eligibility requirement containing false information or falsified documents
4.2 Submission of Bids that contain false information or falsified documents, or the concealment of
such information in the Bids in order to influence the outcome of eligibility screening or any other
stage of the bidding process.
4.3 Unauthorised use of one’s name / digital signature certificate for purpose of bidding process.
4.4 Any documented unsolicited attempt by a bidder to unduly influence the outcome of the bidding in
his favour .
4.5 Refusal or failure to post a self-declaration to the effect of any previous debarment imposed by any
other department of State Government and / or Central Government.
4.6 All other acts that tend to defeat the purpose of the competitive bidding such as lodging false
complain about any bidder, lodging false complain about and officer duly authorized by the
department, restraining and interested bidder to participate in the bidding process etc.
4.7 Assignment and subcontracting of the contract or any part thereof without prior written approval of
the procuring entity.
4.8 Whenever adverse reports related to adverse performance, misbehavior, direct or indirect
involvement in threatening, making false complaints etc damaging the reputation of the department
or any other type complaint considered fit by the competent authority of the department, are
received from more that one officer ot at more than one occasion from individual officer.
4.9 Refusal or failure to post the required performance security / earnest money within the prescribed
time without justifiable cause.
4.10 Failure in deployment or technical personnel, engineers and or work supervisor having requisite
lincense / supervisor certificate of competency as specified in the Contract.
4.11 Refusal to accept an award after issuance of “Letter of Acceptance: or enter in to contract with the
Government without justification cause.
4.12 Failure of the contractor, due solely to his fault or negligence , to mobilize and start work or
performance within the specified period as mentioned in the “Letter of Acceptance:, “Letter of
Acceptance cum Work order”, “Work order”, “Notice to proceed:, Award of Contract” etc.
4.13 Failure by the contractor to fully and faithfully comply with its contractual obligations without valid
cause, or failure by the contractor to comply with any written lawful instruction of the procuring
entity or its representative(s) pursuant to the implementation of the contract.
4.14 For the procurement of consultancy service / contracts, poor performance by the consultant of his
services arising from his fault or negligence. Any of the following acts by the consultant shall be
construed as poor performance.
i) Non deployment of competent technical personnel, competent engineers and / or work
supervisors;
ii) Non deployment of committed equipment, facilities, support staff and manpower; and
iii) Defective design resulting in substantial corrective works in design and / or construction;
iv) Failure to deliver critical outputs due to consultant’s fault or negligence; and
v) Specifying materials which are inappropriate and substandard or way above acceptable
standards leading to high procurement cost.
vi) Allowing defective workmanship or works by the contractor being supervised by the
consultant.
4.15 For the procurement of goods, unsatisfactory progress in the delivery of the goods by the
manufacturer, supplier or distributor arising from his fault or negligence and / or unsatisfactory or
inferior quality of goods, vis a vis as laid down in the contract.
4.16 Willful or deliberate abandonment or non-performance of the project or contract by the contractor
resulting to substantial breach thereof without lawful and / or just cause.
5 Category of offense:-
5.1 First degree of offence:- Sl No. 4.1 to 4.16 to be considered as first of offense.
5.2 Second degree of offence :- Any one of the offences as mentioned under 5.1 above, committed by
a particular bidder / contractor / supplier by more than one occasions, be considered as second
degree offense.

In addition to the penalty of suspension / debarment, the bid security / earnest money posted by the
concerned bidder or prospective bidder shall also be forfeited.

10
(The same must be invariably part of the process of evaluation of bids.)

6 Penalty for offense:-


st
a. For committing 1 Degree of offense : Disqualifying a bidder from participating in any procurement
process under the Public Works Department, Government of West Bengal upto 2 (Two) years.
nd
b. For committing 2 Degree of offense : Disqualifying a bidder from participating in any
procurement process under the Public Works Department, Government of West Bengal for a
period of 3 (Three) years.

7 Procedure of suspension and debarment during the procurement process :


7.1 Initiation of Action, Notification and Hearings:- Any bidder or procurement authority on his own or
based on any other information made available to him may initiate the process of suspension /
debarment proceedings by filing a written complaint with the Bid Evaluation Committee and such
filing of written application has to be done within Forty eight hours from the date and time of
publication of the result of technical evaluation of any bid.

a) Upon verification of the existence of grounds for suspension / debarment, the chairperson of
Bid Evaluation Committee shall immediately notify the bidder concerned either electronically
through his registered e-mail id or in written to his postal address, advising him that :
i) A complaint has been filed against him and prima facie material has been found,
which may lead to suspension / debarment.
ii) He has been recommended to be placed under suspension / debarment by the
Suspension Committee; stating the grounds for such.
iii) The said bidder within three days from the date of issue of such notification by the
Bid Evaluation Committee, may approach the chairperson of Suspension
Committee by submitting all required documents in his favour for a hearing. Any
application made thereafter would not be entertained.
Such notice should contain the e-mail id and the postal address of the Chairperson of the
Suspension Committee.
b) After receiving the recommendation for suspension from Bid Evaluation Committee, the
Suspension Committee shall issue a notice to the alleged bidder, electronically through his
registered e—mail id, to submit all relevant documents in support of his defense within three
working days after issuance of the notice of the Suspension Committee . The Suspension
Committee will conduct the hearing within Seven working days from the date of receipt of the
documents from the alleged bider. If no appeal has been received from the alleged bidder or
after hearing if found sufficient ground for suspension the Suspension Committee, will
suspend the alleged bidder from participating in the procurement process under the Public
Works Department for a period of 6 (Six) months from the date of issuance of Suspension order.
The Chairperson of the Suspension Committee shall issue the Suspension Order within 7
(Seven) days from the last date of hearing and shall notify the bidder concerned either
electronically through his registered e-mail id or in writing to his postal address. The
Chairperson of Suspension Committee shall also inform the decision to all concerned.
If sufficient reasons for suspension are not found, the Suspension Committee would reject the
recommendation of Bid Evaluation Committee and would allow the bidder to take part in the
tendering process.
If the bidder is suspended, the Suspension Committee would recommend debarment of the
bidder and forward the case with all documents to the Debarment Committee for further action.
c) The Debarment Committee upon receipt of the recommendation of the Suspension
Committee shall scrutinize the documents. The Debarment Committee will hold a hearing of
the alleged bidder and issue necessary order within 10(Ten) working days from the last date of
hearing. The Debarment Committee if satisfied after hearing shall forward the case to the
Department for
order of debarment. The Department in due course will issue Debarment Order disqualifying /
prohibiting the erring bidder from participating in the bidding / procurement of all projects under
Public Works Department, Government of West Bengal for a specified period. The alleged
bidder shall be intimated accordingly either electronically through his registered e-mail id or in
writing to his postal address. Otherwise the Debarment Committee may reject the
recommendation of the Suspension Committee. The chairperson of Debarment Committee
shall also inform the decision to all concerned.

8. Procedure for Debarment during the contract implementation stage:


a) Upon termination of contract due to default of the bidder, the Engineer-in-charge shall recommend for
debarment to the Bid Evaluation Committee. The Bid Evaluation Committee shall submit his
recommendation of debarment of the alleged bidder along with a detail report stating clearly the reasons
11
for debarment to the Debarment Committee within thirty days from the date of termination of contract.
The alleged bidder shall be intimated accordingly either electronically through his registered e-mail id or
in writing to his postal address. The chairperson of Bid Evaluation Committee shall also inform the
decision to all concerned.

b) The Debarment Committee upon receipt of the recommendation of the Bid Evaluation Committee
shall scrutinize the documents. The Debarment Committee will hold a hearing about the matter from the
bidder and issue necessary order within 10 (Ten) working days from the last date of hearing. The
Debarment Committee if satisfied after hearing shall forward the case to the department for order of
debarment. The department in due course will issue Debarment order disqualifying / prohibiting the erring
bidder for participating in the bidding / procurement of all projects under Public Works Department,
Government of West Bengal for a specified period. The alleged bidder shall be intimated accordingly
either electronically through his registered e-mail id or in writing to his postal address. Otherwise the
Debarment Committee may reject the recommendation of the Bid Evaluation Committee. The
chairperson of Debarment Committee shall also inform the decision to all concerned.

9. Status of Suspended / Debarred Bidder :-


a) Bidder placed under suspension / debarment by the competent authority will not be allowed to participate
in any procurement process, within the period of suspension / debarment, in any procurement process
under Public Works Department. The earnest money of the suspended bidder shall stand forfeited to the
Government.
b) If the Suspension / Debarment Order is issued prior to the date of issue of “Letter of Acceptance”, “Letter
of Acceptance cum Work order”, Work Order”, Notice to Proceed” Award of Contract” etc for any bid, the
suspended / debarred bidder shall not be qualified for award for the said bid and such procurement
process will be dealt with as per existing norms excluding the erring bidder.
c) If the Suspension / Debarment Order is issued after award of Government Project / contract to the
debarred bidder, the awarded project / contract shall not be prejudiced by the said order provided that the
said offense(s) committed by the debarred bidder is not concerned with the awarded project / contract.

INSTRUCTION TO BIDDERS
SECTION – A
1. General guidance for e-Tendering
Instructions/ Guidelines for tenders for electronic submission of the tenders online have been annexed for
assisting the contractors to participate in e-Tendering.
1. Registration of Contractor
Any contractor willing to take part in the process of e-Tendering will have to be enrolled & registered with
the Government e-Procurement system, through logging on to https://etender.wb.nic.in (the web portal of
public works department) the contractor is to click on the link for e-Tendering site as given on the web
portal.
2. Digital Signature certificate (DSC)
Each contractor is required to obtain a class-II or Class-III Digital Signature Certificate(DSC) for submission of
tenders, from the approved service provider of the National Information’s Centre(NIC) on payment of
requisite amount details are available at the Web Site stated in Clause-2 of Guideline to Bidder DSC is given as
a USB e- Token.
In terms of notification no.09-W( C)/1M-286/15 dt.23.09.2015 of Principal Secretary to the Govt of West Bengal PWD-
‘Where an individual person holds a digital certificate in his own name duly issued to him by the company or the firm of
which he happens to be a director or partner such individual person, either belonging to an appropriate cadre officer of
the company or an authorized partner of a firm, having a registered power of attorney empowered by the Board or by
the firm, shall invariably upload a copy of registered power of attorney showing clear authorization in his favour, to
upload such tender. The power of attorney shall have to be registered in accordance with the provision of the
Registration Act,1908’.
3. The contractor can search & download NIT & Tender Documents electronically from computer once he logs
on to the website mentioned in Clause 2 using the Digital Signature Certificate. This is the only mode of
collection of Tender Documents.
4. Participation in more than one work
A prospective bidder shall be allowed to participate in the job either in the capacity of individual or as a
partner of a firm. If found to have applied severally in a single job all his applications will be rejected for that
job.
5. Submission of Tenders.
General process of submission, Tenders are to be submitted through online to the website stated in Cl. 2 in
two folders at a time for each work, one in Technical Proposal & the other is Financial Proposal before the
12
prescribed date &time using the Digital Signature Certificate (DSC) the documents are to be uploaded virus
scanned copy duly Digitally Signed. The documents will get encrypted (transformed into non readable
formats).
A. Technical proposal
The Technical proposal should contain scanned copies of the following in two covers (folders).
A-1. Statutory Cover file Containing
i. A-1. Statutory Cover file Containing
(i) Prequalification Application (Sec–B, Form– I) if required.
(ii) Tender Form No. 2911(ii) & NIT (download properly and upload the same digitally Signed).
The rate will be quoted in the B.O.Q. Quoted rate will be encrypted in the B.O.Q. under
Financial Bid. In case quoting any rate in Tender Form No. 2911(ii), the tender is liable to
be summarily rejected.
Bidders eligible for exemption of EMD as per Govt. rule may avail the same and necessary
documents regarding the exemption of EMD must be uploaded in the EMD folder of
Statuary bid documents.
(iii)Special terms & conditions and specification of works
.A-2. Non statutory / Technical Documents
i. Professional Tax (PT) deposit receipt challan for the financial year 2017-18, Copy of Valid 15-digit Goods
and Services Tax payer Identification Number (GSTIN) under GST Act, 2017, Pan Card, IT Saral for the
Assessment year 2016-17.
ii. Registered Deed of partnership Firm
iii. Trade License from the respective Municipality/Panchayet etc.
iv. ‘Certificate of Registration’ from the respective Assistant Registrar of Co – operative Societies (for Regd.
Unemployed Engineer’s Co – Operative Society Ltd. & Registered Labour Co-operative Society Limited )
v. Requisite Credential Certificate As per Notification No. (vide Notification No.04-A/PW/O/10C-02/14 dtd.18.03.2015)
Note: - Failure of submission of any of the above mentioned documents will render the tender liable to be
rejected for both statutory & non statutory cover.
THE ABOVE STATED NON-STATUTORY/TECHNICAL DOCUMENTS SHOULD BE ARRANGED IN
THE FOLLOWING MANNER
Click the check boxes beside the necessary documents in the My Document list and then click the tab “Submit Non
Statutory Documents’ to send the selected documents to Non-Statutory folder. Next Click the tab “Click to Encrypt and
upload” and then click the “Technical” Folder to upload the Technical Documents.

Sl. No. Category / Name Sub Category / Description Details


A. CERTIFICATES CERTIFICATES 1. PAN CARD
2. Copy of Valid 15-digit
Goods and Services Tax
payer Identification Number
(GSTIN) under GST Act, 2017
3. Professional Tax (PT) deposit
receipt challan for the financial
year 2017-18
B. Company Details Company Details – I 1. Trade License from respective
Municipality /Panchayet etc.
2. ‘Certificate of Registration’
from the respective Assistant Registrar
of Co – operative Societies (for Regd.
Unemployed Engineer’s Co – Operative
Society Limited & Registered Labour
Co-operative Society Limited )
C. Credential (in Credential Credential certificate issued by the
applicable cases) Executive Engineer or equivalent or
competent authority of a State /
Central Government, State / Central
Government undertaking, Statutory
/ Autonomous bodies constituted
under the Central / State statue, on
the executed value of completed /
running work will be taken as
credential
(vide Notification No.04-A/PW/O/10C-
02/14 dtd.18.03.2015)
i. Opening of Technical proposal: - Technical proposals will be opened by the Executive Engineer, Alipore Division,
13
P.W. Directorate and his authorized representative electronically from the web site stated using their Digital
Signature Certificate.
ii. Intending tenderers may remain present if they so desire.
C. Financial proposal
i) The financial proposal should contain the following documents in one cover (folder) i.e. Bill of quantities(BOQ).
The contractor is to quote the rate (Offering Above/ below/ At par) online through Computer only in the space
marked for quoting rate in the BOQ.
ii) Only downloaded copies of the above documents are to be uploaded virus scanned & Digitally Signed by the
contractor.

Executive Engineer II,


Public Works Department,
Alipore Division

Memo No. 1382 ( 34 ) Date 16.04.2018


Copy forwarded for information and wide circulation through Notice Board to: -
1) The Superintending Engineer, P.W.D., Nabanna Circle /Southern Circle / Eastern Circle / Presidency Circle – I / Bidhannagar Circle / Western Circle – II /
Planning & Monitoring Circle.
2) The Executive Engineer, (P.W.D.), North Kolkata / Barasat / City / Suburban / South 24 Parganas /Diamond Harbour / North Suburban / Kolkata / Howrah /
Kolkata Constn. / B.E. College / Kalyani Constn. / Bidhannagar Divn. No. I / II, / Central Kolkata Division I / Central Kolkata Division – II / West Kolkata
Division.
3) The Assistant Engineer (P.W.D.), Alipore Sub Division I /II /III / Behala Sub Division / Chetla Sub Division .
4) This office Estimating Branch / Accounts Branch / Head Clerk
5) Notice Board of this Division.
6) The Secretary, West Bengal State Government Contractors’ Association, 1, East Kullia Road (Opp. Alochaya Cinema), Beliaghata, Kolkata – 700 010.
7) The Secretary, Sanitary & Plumbing Contractors’ Association (West Bengal), 41, Hidaram Banerjee Lane, Kolkata – 700 012.
8) The Secretary, West Bengal Engineers’ Co-operative Federation Ltd., 29, Phears Lane, 1st Floor, Kolkata – 700 073.
9) The District Magistrate South 24 Parganas.

Executive Engineer II,


Public Works Department,
Alipore Division

Signature Not Verified


Digitally signed by ASIM ROY
14 Date: 2018.04.16 18:09:48 IST
Location: West Bengal

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