- xiii. Wilful or deliberate abandonment or non-performance in a project or contract by the contractor / suppliers resulting to substantial breach thereof without lawful and / or just cause(s).
- xiv. Non-submission of authentic Bank Guarantee of required amount by the selected bidder in a tender for Procurement of Goods & Works, if the bid price is below 20% of the tender value within the period as prescribed in the NIT, 7 working days from date of issue of LOA which may be extended upto maximum 14 working days.
- xv. sufficient sum, which together with the Earnest Money deposited by him/her with xv. sufficient sum, which together with the Earnest Money deposited by him/her with Non-submission of his/her tender, will make the full security/performance- security amounting to 10% of the tendered amount and in such a case, there shall be no further deductions from the progressive bills so long as value of work does not exceed the tendered amount by the selected bidder in a tender for Procurement of Works, within 10 days of receipt of 'Letter of Acceptance' (LoA) from the Tender Accepting Authority.
- E. CATEGORY OF OFFENSE:
- a. First degree of offense: Clause 9 D (i) up to (vii), (xii) & (xiv) is to be considered as first degree of offense.
- b. Any of the offence under Clause (viii) to (xi) & (xiii) shall lead to termination of contract and its determinations in accordance with Clause (ii) & Clause (iii) of Agreement Form No. WB-2911 and simultaneous debarment for a period of 2 years
- c. Second degree of offense: Any one of the offenses as mentioned under Clause 9D (i) to (xiv), committed by a particular bidder/contractor/supplier on more than one occasion would be considered as second degree of offense. st Period of debarment will be 2 times the corresponding period penalty applicable for 1 degree offence in addition to st other penal provisions contained in 1 degree offence.
- F. Procedure and Rules of Debarment:

Debarment procedure and rules are published as Departmental Notification to be read in conjunction with the Corrigenda issued from time to time, as may be seen in the Notification link of the Departmental website wbiwd.gov.in

##### G. PENALTY FOR OFFENSE:

- a. a. For committing 1 degree offense any of the cases referred under Clause 9 D (i) to (v), forfeiture of earnest money and debarment for a period of six months, if the offense is detected during technical evaluation. If the offence is detected after award of the contract and if the offender happens to be the agency selected for work, and such selection is made due to oversight, forthwith termination of the contract and determination of contract value in accordance with clause 3(ix) (c) of West Bengal Form No. 2911, and simultaneous debarment for a period of six months. Further, in case the offense is detected after completion of work and payment of final bill the Work credential earned would be declared as 'null and void', so that the same cannot be used in future as PQ credential for securing other works contracts in the Irrigation & Waterways Department, together with debarment for a period of six months.
- b. b. For committing 1 degree offense in any of the cases referred under Clause 9 D (vi), (vii),(xiii) to (xv), forfeiture of earnest money and debarment for a period of one year. For committing offenses under Clause 9D (xv), debarment period shall be for one calendar year preferably from the date on which the due date for submission of BG had th th expired (i.e 8 or 15 working day from date of receipt of LOA /LOI) by the concerned Chief Engineer to be notified in the Departmental website.
- c. c. For committing 1 degree offense in any of the other cases under Clause 9 D (viii) to (xii), termination of contract and its determination in accordance with Clauses 2 & 3 of West Bengal Form No. 2911, including debarment for a period of two years.
- d. d. For committing 2 degree offenses under above all categories, period of debarment will be twice the corresponding st st period for 1 degree offenses, in addition to other penal provisions for 1 degree offense.

##### 10. Taxes& duties to be borne by the Contractor/bidder

In view of introduction of GST with effect from 01.7.2017, all the bidders intending to participate in this tender should offer their financial bids inclusive of GST applicable for entire composite works/Procurement of goods & services, labour intensive component contained in the BOQ. Income Tax, Royalty, GST (CGST, SGST, IGST), Construction Workers' Welfare Cess, Labour Insurances EPF and similar other statutory levy / cess will have to be borne by the contractor/bidder and his/her quoted rate should be quoted accordingly after considering all these charges, and no separate payment towards any of the statutory taxes rents or levies shall be made by the work implementing authority.

##### 11. Site inspection prior to submission of tender

Before submitting a tender, the intending contractor/bidder should make themselves acquainted thoroughly with the local conditions prevailing at site of implementation of the work by undertaking field inspections and taking into