Download - Department of Land Resources
Download - Department of Land Resources Download - Department of Land Resources
RFP for Resurvey project - ANAND & other SEVEN Districts of Gujarat State NEGOTIATIONS, AGREEMENT FINALIZATION AND AWARD SC&DLR reserves the right to negotiate with the bidder whose proposal has been ranked Best value bidder on the basis of Technical and Commercial Evaluation. A contract will be awarded to the responsible and responsive bidder whose proposal conforms to the RFP and in the opinion of SC&DLR represents the best value to the proposed "Land Re-survey of Anand and other seven Districts " AWARD OF CONTRACT AWARD CRITERIA The bidder with the Lowest Total Cost will be designated as Best Value Bidder SC&DLR’s RIGHT TO ACCEPT ANY PROPOSAL AND TO REJECT ANY OR ALL PROPOSALS SC&DLR reserves the right to accept or reject any proposal, and to annul the tendering process and reject all proposals at any time prior to award of agreement, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds. NOTIFICATION OF AWARD Prior to the expiration of the validity period, SC&DLR will notify the successful bidder in writing or by fax or email, to be confirmed in writing by letter, that his proposal has been accepted. The notification of award will constitute the formation of the agreement. Upon the successful bidder's furnishing of performance guarantee, SC&DLR will promptly notify each unsuccessful bidder and return their Bid Security. SIGNING OF AGREEMENT At the same time as SC&DLR notifies the successful bidder that its proposal has been accepted, SC&DLR shall enter into a separate agreement, incorporating all agreements (to be discussed and agreed upon separately) between SC&DLR and the successful bidder. The Model agreement (Draft Agreement) is provided in Annexure VI. SC&DLR shall have the right to annul the award in case there is a delay of more than 15 days in signing of agreement, for reasons attributable to the successful bidder. PERFORMANCE GUARANTEE a. The successful bidder shall at his own expense deposit with SC&DLR, within 15 days of the date of notice of award of the agreement or prior to signing of the agreement whichever is earlier, an unconditional and irrevocable Performance Guarantee (PG) by way of Demand Draft or Bank Guarantee from a 2/22/2011 78
RFP for Resurvey project - ANAND & other SEVEN Districts of Gujarat State nationalized bank acceptable to SC&DLR, in the format prescribed in Annexure V, payable on demand, for the due performance and fulfillment of the agreement by the bidder. Amount of performance Guarantee would be at the rate of 5% of the Estimated Contract value = ----sq km *--- Rate per sq. km. b. The Performance Guarantee (PG) will be for an amount of 5% of the contract value, valid for the entire term of agreement, which shall be submitted by Survey Agency upon signing the Agreement. All incidental charges whatsoever such as premium, commission etc., with respect to the performance guarantee shall be borne by the bidder. The performance guarantee shall be valid till acceptance of the deliverables of the Project or 120 days after the expiry of the contract, whichever is earlier. The performance guarantee may be discharged/ returned by SC&DLR upon being satisfied that there has been due performance of the obligations of the bidder under the agreement. However, no interest shall be payable on the performance guarantee. c. In the event of the bidder being unable to service the agreement for reasons of poor quality of resources, business loss or going out of business, regulatory restrictions, concerns of national security, or any other reason which is not concerned with the terms of the contract, SC&DLR would invoke the Performance Guarantee. Notwithstanding and without prejudice to any rights whatsoever of SC&DLR under the agreement in the matter, the proceeds of the Performance Guarantee shall be payable to SC&DLR as compensation for any loss resulting from the bidder’s failure to perform/ comply with its obligations under the agreement. SC&DLR shall notify the bidder in writing of the exercise of its right to receive such compensation indicating the obligation(s) for which the bidder is in default and the bidder will have to pay it within 14 days of the notice date. SC&DLR’s decision in this respect will be final. d. SC&DLR shall also be entitled to make recoveries from the bidder’s bills, performance guarantee, or from any other amount due to him, an equivalent value of any payment made to him due to inadvertence, error, collusion, misconstruction or misstatement. e. In case the project is delayed beyond the project schedule as mentioned in this RFP, for reasons attributable to Survey Agency, the performance guarantee shall be accordingly extended by the Survey Agency for the duration equivalent to the delays caused in the project. f. It is the responsibility of the bidder to keep alive the performance guarantee and extend it if necessary till the completion of the agreement period. FAILURE TO AGREE WITH THE TERMS & CONDITIONS OF THE RFP Failure of the successful bidder to agree with the Terms & Conditions of the RFP shall constitute sufficient grounds for the annulment of the award, in which event , SC&DLR may award the agreement to the next best value bidder or call for new proposals. 2/22/2011 79
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RFP for Resurvey project - ANAND & other SEVEN Districts <strong>of</strong> Gujarat State<br />
nationalized bank acceptable to SC&DLR, in the format prescribed in Annexure V, payable on demand, for<br />
the due performance and fulfillment <strong>of</strong> the agreement by the bidder. Amount <strong>of</strong> performance Guarantee<br />
would be at the rate <strong>of</strong> 5% <strong>of</strong> the Estimated Contract value = ----sq km *--- Rate per sq. km.<br />
b. The Performance Guarantee (PG) will be for an amount <strong>of</strong> 5% <strong>of</strong> the contract value, valid for the<br />
entire term <strong>of</strong> agreement, which shall be submitted by Survey Agency upon signing the Agreement.<br />
All incidental charges whatsoever such as premium, commission etc., with respect to the performance<br />
guarantee shall be borne by the bidder. The performance guarantee shall be valid till acceptance <strong>of</strong> the<br />
deliverables <strong>of</strong> the Project or 120 days after the expiry <strong>of</strong> the contract, whichever is earlier. The<br />
performance guarantee may be discharged/ returned by SC&DLR upon being satisfied that there has been<br />
due performance <strong>of</strong> the obligations <strong>of</strong> the bidder under the agreement. However, no interest shall be payable<br />
on the performance guarantee.<br />
c. In the event <strong>of</strong> the bidder being unable to service the agreement for reasons <strong>of</strong> poor quality <strong>of</strong> resources,<br />
business loss or going out <strong>of</strong> business, regulatory restrictions, concerns <strong>of</strong> national security, or any other<br />
reason which is not concerned with the terms <strong>of</strong> the contract, SC&DLR would invoke the Performance<br />
Guarantee. Notwithstanding and without prejudice to any rights whatsoever <strong>of</strong> SC&DLR under the<br />
agreement in the matter, the proceeds <strong>of</strong> the Performance Guarantee shall be payable to SC&DLR as<br />
compensation for any loss resulting from the bidder’s failure to perform/ comply with its obligations under<br />
the agreement. SC&DLR shall notify the bidder in writing <strong>of</strong> the exercise <strong>of</strong> its right to receive such<br />
compensation indicating the obligation(s) for which the bidder is in default and the bidder will have to pay it<br />
within 14 days <strong>of</strong> the notice date. SC&DLR’s decision in this respect will be final.<br />
d. SC&DLR shall also be entitled to make recoveries from the bidder’s bills, performance guarantee, or<br />
from any other amount due to him, an equivalent value <strong>of</strong> any payment made to him due to inadvertence,<br />
error, collusion, misconstruction or misstatement.<br />
e. In case the project is delayed beyond the project schedule as mentioned in this RFP, for reasons<br />
attributable to Survey Agency, the performance guarantee shall be accordingly extended by the Survey<br />
Agency for the duration equivalent to the delays caused in the project.<br />
f. It is the responsibility <strong>of</strong> the bidder to keep alive the performance guarantee and extend it if necessary till<br />
the completion <strong>of</strong> the agreement period.<br />
FAILURE TO AGREE WITH THE TERMS & CONDITIONS OF THE RFP<br />
Failure <strong>of</strong> the successful bidder to agree with the Terms & Conditions <strong>of</strong> the RFP shall constitute sufficient<br />
grounds for the annulment <strong>of</strong> the award, in which event , SC&DLR may award the agreement to the next<br />
best value bidder or call for new proposals.<br />
2/22/2011<br />
79