##### 15. Signing of formal tender contract/agreement after acceptance of tender

The contractor/bidder, whose bid is approved for acceptance, shall within15daysof there receipt of Letter of Invitation (LOI) or Letter of Acceptance(LOA)in his / her favour, will have to execute a 'Formal Agreement 'with the Engineer -in- Charge inquadruplicateinW .B.F.2911 and all other contract documents, entire set of which may be obtained free of cost from the office of the designated Executive Engineer, Kangsabati Canals Division No.V, I & W. Dte., Ghoradhara, . Jhargram

If the selected SUCCESSFUL bidder fails to turn up even after 30 days after the initial 15 days from the date of issuing of the AOC in the e-mail ID of bidder or the despatch date of official communication for signing of the Contract/Agreement, the selected bidder is liable for penal actions which shall comprise blacklisting, debarring from future participation in Government tenders, immediate forfeiture of the Earnest Money deposited in the tender, other penal actions as stipulated under clause 9 & 10 of the e-NIT, the Departmental Notification and also contained in contract W.B Form No. 2911 Agreement.

##### 16. Payment against bills raised by the contractor

Periodic Tax invoice/bills containing bidders GSTIN & other details needs to be submitted by the supplier/contractor/Agency/bidder to the DDO for raising claims for receiving payments of work executed under this contract /upon achieving physical Milestones clearly showing separately the Tax charged in accordance with the provisions of the GST Act, 2017.

The payment of Running Account as well as final bill for any work based on progress and performance will be made according to availability off under no claim due to delay in payment will be entertained.

- 17. No cost escalation in any form is included in the Tender Contract Agreement.

##### 18. Bid validity

The Bid will be normally valid for 120 days from the date of opening of the financial proposal. However, extension of bid validity may be suitably considered by the Tender Inviting Authority, if required, subject to written confirmation of the contractor/bidder (s) to that effect.

##### 19. Definition of Physical Milestones:

The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor, and which shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with all due diligence. Time being deemed to be the essence of contract on the part of the contractor; the contractor shall be bound in all cases, to achieve the 'Milestones' as specified by the Engineer-in-Charge with the AOC, defining pertaining to the work. The contractor within 15 days of receipt of Letter of Acceptance shall submit a work programme commensurate with period of construction in the form of a Bar Chart work programme, stating the timeline of such different Milestones. In the event of the contractor failing to comply with any of the conditions related to achieving the 'Milestones' within the specified time period prescribed for such 'Milestone' plus one month, he/she shall be liable to pay compensation.

If the contractor fails to commence and/or maintain required progress over the total time allotted for its full completion and fails to complete the work and clear the site on or before the end of contract period or extended date of completion, he/she shall, without prejudice to any other rights or remedy available under the law on account of such breach, pay as agreed compensation to the implementing Department. This will also apply to items or group of items for which a separate period of completion has been specified.

- 20. The tender with overwriting, illegible writing, erasing and incomplete or conditional one are liable to rejection
- 21. In the event of tender being submitted by a Partnership Firm it must be signed by each of the partners of the firm or a Power of Attorney holder, as stipulated in the Indian Partnership Act.
- 22. All the tenders in which any one of the prescribed conditions is not fulfilled will be rejected
- 23. In case of any nonscheduled Holiday/ Bundh/Strike in the aforesaid dates the next working will be treated as the scheduled date for that purpose.
- 24 In case of work containing laboratory test in laboratory other than Departmental Lab necessary document showing own set up for Lab test, like test equipment purchase document & valid calibration certificate in the name of Agency or

Authenticated consent letter of laboratory authority & declaration of Agency for Lab test to be done in any Govt. BE/B.Tech University/College, IIST (Shibpur), National Test House

- 25 In case of work containing laboratory test at Departmental Quality Control Laboratory

For Geo- technical investigation work, for 'Testing at Dept. Laboratory', Agency has to dispatch the samples collected at site to the Departmental Quality Control Laboratory for testing. After obtaining results from the Laboratory through the undersigned the Agency has to prepare and submit the necessary Report.

#### Sd/-( N. Sarkar)

ExecutiveEngineer, Kangsabati Canals Division No.V, Ghoradhara, Jhargram.