Embassy of India

Bangkok

Name of Work: The construction of Embassy Residence and

Residential Complex in Bangkok, Thailand

Tender Document

PERIOD OF COMPLETION: 20 Months

Embassy of India

Bangkok

Tender Contents

A. Technical Bid Documents:

Document–I Invitation to Bidders, Instruction to Bidders

Document–II Eligibility documents, Integrity Pact

Document-III Conditions of contract including standard formats for BG/Guarantee etc.

Document –IV Specifications of all disciplines

Document –V Drawings of all disciplines

Document–VI Appendix to Tender

Documents about the bidders, resources, company brochures, construction methodology, experience,

management techniques, any other information about bidder –

These documents can be supplied by bidders.

B. Financial Bid Documents:

Document-VII Form of Tender (Lump sum fixed price to be quoted on this form by Bidder)

Document–VIII Schedule of Items for Variations – Schedule of Quantity for Civil, Electro-Mechanical,

Elevator, Landscaping, Security, Development works etc as applicable. Item/Quantity

to be modified/confirmed and rate of each item to be quoted by Bidder.

A. Technical Bid Documents

DOCUMENT-I

Invitation to Tender

1. The Ambassador of India, Bangkok for and on behalf of President of India, invites lump-sum

tenders for “The construction of Embassy Residence and Residential Complex in Bangkok, Thailand

which is located on Soi Sukhumvit 25, Sukhumvit Road, Wattana, Bangkok, Thailand-10110, from the

respected Contractors for the following works:

Name of work Approx. Built-up area Period of Completion

Embassy Residence and Residential Complex

in Bangkok, Thailand

12,000 Sq.m. 20 months

2. Contractors who fulfill following requirements shall be eligible to apply. These criteria (on) are

indicative. Exact details are available in tender documents. Tender documents are included within this

package.

The Contractor must have an experience of having satisfactorily completed two works each

costing not less than 300 million Thai Baht or one work costing not less than 500 million Thai Baht

during the last 5 years up to the last date.

3. Tender Security/Bid Security/Earnest Money Deposit: The Applicant must submit with his bid,

the Tender Security/Bid Security/Earnest Money Deposit (EMD)/Tender Bond in the sum of 11 Million

Thai Baht. Tender Security/Bid Security/EMD/Tender Bond shall be acceptable by bank transfer/bank

draft/pay order in favour of Embassy of India, Bangkok or Bank Guarantee (as per enclosed proforma in

Tender Document). The other terms and conditions related with the EMD/Tender Bond shall remain same

as mentioned in the Tender Document. The Tender Security/EMD/Tender Bond shall remain valid for a

period of one hundred eighty (180) days from last date of submission of tender.

4. Bid documents supported with prescribed annexures should be submitted in sealed envelope, duly

super scribed with the name of work and the date of opening at Admin Section, 20th Floor, Ocean Tower-

II, Soi Sukhumvit 19, Klongtoey, Wattana, Bangkok-10110. The bids will be received till 19/06/2018 up

to 1300 hours and will be opened on the same day at 1330 hours for technical evaluation at Conference

Room, 42nd Floor, Ocean Tower-II, Soi Sukhumvit 19, Klongtoey, Wattana, Bangkok-10110.

5. A pre-bid meeting will be held in Conference Room of Embassy of India, Bangkok at 42nd Floor,

Ocean Tower-II, Soi Sukhumvit 19, Klongtoey, Wattana, Bangkok-10110 on 30.05.2018 at 13:30 hours.

6. The date and time of opening of financial bid(s) will be decided after technical bid(s) have been

evaluated by Embassy of India, Bangkok and the results of which shall be displayed on

http://eprocure.gov.in/e-publishing and also on Embassy’s website and Ministry of External Affairs’

Website. Financial bid(s) of only those tenderer(s)/bidders will be opened, who qualify the technical

evaluation on the specified date and time. The date, time & place of opening of the financial bid(s) will

be intimated in due course of time. The result of Financial Bids shall be displayed on the same websites.

7. If any information furnished by the applicant is found incorrect at a later stage, he/she shall be

liable to be debarred from the tendering process. Embassy of India, Bangkok reserves its right to verify

the particulars furnished by the applicant independently.

8. Embassy of India, Bangkok reserves the right to reject any prospective applicant without

assigning any reason and to restrict the list of pre-qualified contractors to any number deemed suitable

by it.

9. The Tender Notice is also published on Central Public Procurement Portal (CPPP) of Government

of India http://eprocure.gov.in/e-publishing, the website of Embassy of India, Bangkok,

www.indianembassy.in.th and the website of Ministry of External Affairs, Government of India

www.mea.gov.in.

Head of Chancery

Embassy of India, Bangkok

INSTRUCTION TO BIDDERS

The construction of Embassy Residence and Residential Complex in

Bangkok, Thailand

1. All definitions set forth in the Conditions of Contract or in Other Tender Documents are

applicable to the Tender offer.

2. The Tender Documents comprise:

A. Technical Bid Documents:

Document –I Invitation to Bidders, Instruction to Bidders

Document – II Eligibility documents, Integrity Pact

Document -III Conditions of contract including standard formats for BG/Guarantee etc.

Document – IV Specifications of all disciplines

Document – V Drawings of all disciplines

Document– VI Appendix to Tender

Documents about the bidders, resources, company brochures, construction methodology, experience,

management techniques, any other information about bidder –

These documents can be supplied by bidders.

B. Financial Bid Documents:

Document -VI Form of Tender (Lump sum fixed price to be quoted on this form by Bidder)

Document – VII Schedule of Items for Variations – Schedule of Quantity for Civil, Electro-Mechanical,

Elevator, Landscaping, Security, Development works etc as applicable. Item/Quantity

to be modified/confirmed and rate of each item to be quoted by Bidder.

3. The Employer will not be responsible to compensate for any expense or losses which may be

incurred by the Tenderer in the preparation and submission of his Tender.

4. This is a LUMPSUM FIXED PRICE TENDER with Extent of work as shown on drawings,

specifications and scope of works. The Tenderer shall examine the Tender Documents and all

Addenda (if any) before submitting his Tender and shall become fully, informed as to the extent,

quality, type and character of operations involved in the Works and shall visit and acquaint

himself with the Site of the Works. No consideration or compensation will be given for any

alleged misunderstanding of the articles to be furnished.

5. Bidders are required to quote Lumpsum prices on “Form of Tender”. Contractor shall satisfy

himself about the quantities in the Schedule of Quantity supplied in Tender Document. They are

free to add items, change quantities which are needed for completion of the job. These quantities

shall not form part of the agreement however the unit rates quoted shall be used for variation

purpose.

6. All Tender documents must be returned properly filled in and completed in all respects in

accordance with the conditions and Provisions of the Tender Documents. No alteration shall be

made by Bidders to the Tender Document unless otherwise permitted.

7. The Lumpsum Fixed Price/amount and rates for variations must be quoted both in figures

and words and the currency must be in THB only. In case of any discrepancy between figures or

words, the amount or rates quoted in words shall be taken to be correct for this tender.

8. The Lumpsum Fixed Price/amount shall be submitted according to the “Form of Tender”,

with suitable entries, including appropriate signatures, made in all blank spaces. The form shall

not be altered. The Tenderer shall strictly comply with all the conditions stated in the Tender

Documents. The Form of Tender must be signed by a person or persons authorized to sign the

Tender and shall be dated. Evidence of signature authority, such as a Power of Attorney, shall be

provided with the Tender. The unit rates quoted in Schedule of Quantity of the tender documents

shall be used towards variation as per the tender conditions.

Decision on bid will be taken based on the final price quoted on the Form of Tender. Lumpsum Fixed Price/Amount as quoted in the “Form of Tender” shall be the basis for deciding the

tender quote and the L1 bidder.

Any mismatch in the final quoted price on Form of Tender and Total amount worked out on rates in

Schedule of Quantity, the final price quoted on Form of Tender shall be considered for comparison of

bids and decision on bid.

If amount quoted on Form of tender is more than amount worked out on schedule of quantity, the

rates on Schedule of Quantity shall not be altered/adjusted. If amount quoted on Form of Tender

is less than amount worked out on Schedule of quantity, the Rates on schedule of quantity shall be

adjusted in the ratio to match with quoted final price on the Form of Tender.

9. The Tenderer must submit with his Tender an Earnest Money Deposit (EMD) to Employer

in the form of a demand draft drawn on any acceptable Bank or a Bank guarantee in favour of

Employer (Embassy of India). This EMD must be valid for 180 Days and shall be as per the

proforma annexed with tender documents. The EMD of unsuccessful bidder will be returned

after the award of work while EMD of successfully bidder can be adjusted against retention

money at discretion of Employer.

10. The Tender shall be submitted in sealed envelopes as described below:-

Envelope “A” Earnest money Deposit (EMD)

Envelope “B” Technical Bid Documents

Envelope “C” Financial Bid Document

And addenda or other enclosures as required in the tender.

The envelopes containing “A”, “B” & “C” of offers shall be duly superscribed with Name of

Work and above titles. Envelopes A, B and C to be put in another sealed envelope with the name

of work written on top. The envelope “A” containing EMD shall be opened first. Bidders who

have submitted valid EMD as mentioned shall be considered successful for opening of Technical

Bids. Technical bids (Envelope B) of successful bidders shall be opened immediately. Both EMD

and Technical bids envelopes shall be opened in presence of bidders or their representatives. After

evaluation of Technical Bids, a list of qualified bidders will be prepared by the Employer.

Qualified bidders will be informed and Financial bid (Envelope C) of qualified bidders shall then

be opened at notified time, date and place in presence of bidders or their representatives.

11. In case the tender is not decided during validity period of tender i.e within 180 days from

date of opening of tender. The employer may request to extend the validity of tender and Earnest

money/Tender Security deposit for a further specified period beyond 180 days. Bidder(s) shall be

at liberty to extend the validity of tender and Earnest Money Deposit for the specified period or

withdraw from tender. Once the validity is extended in writing by bidder(s), they will not be

permitted to withdraw from tender. If bidder(s) withdraws his offer after such extension, the

employer shall be at liberty to forefiet the EMD absolutely.

12. The Performance Security/Performance Guarantee made out to the value of five Percent

(5%) of the Accepted Contract Amount in the form of Bank Guarantee shall be submitted as

described in the conditions of contract.

The Performance Security Bank Guarantee shall remain valid for a period to cover the execution

and defects notification period of the works as a Guarantee to secure the proper carrying out, the

handing over and maintenance of the works and recovery of compensation of such other sums

that may become due to the Employer from the contractor under the terms of the contract and

shall not have been paid by him on demand.

13. Without prejudice to anything contained in the foregoing paragraphs, the contractor shall

always maintain the Performance Security Bank Guarantee at the full amount until the date of

issuance of the Defects Liability Certificate in accordance with the terms and conditions of the

contract. If the contractor fails to maintain the performance security in the full amount, the

employer may by registered letter sent to the contractor, terminate his employment under the

contract without necessity for any legal or other formality or reference to judicial proceedings.

14. The acceptance of the Tender shall be conditional and not finally binding upon the Employer

until the Performance Security Bank Guarantee has been duly provided and the actual contract

signed between the Employer and the contractor. Should the contractor fail to sign the contract

within the stipulated time or to provide the Performance Security Bank Guarantee within the

period allowed or for any other reason withdraw his participation in the Tender, the Employer

may withdraw his acceptance of the Tender without any notice or other formality and may enter

into a new Agreement for the execution of the Works or any part of it and thereupon the amount

of Earnest Money Deposit(EMD) / Tender security shall be confiscated by the Employer without

any necessity for any legal or other formality or reference to judicial proceedings of proof of

damage and without prejudice to the right of the Employer. No payment shall be released to the

contractor unless the Agreement is signed.

15. Any further information or clarification which the Tenderer may require in order to complete

his Tender may be obtained from:

Embassy of India, Bangkok, 75/120-121, 42nd Floor Ocean Tower 2, Soi Sukhumvit 19, Klongtoey,

Wattana, Bangkok-10110 Telephone Numbers: (662) 2580300-6; Fax Number: (662) 2584627 and

262-1740

All information requested by and supplied to one bidder will be supplied to all bidders.

16. Queries (Optional)

A pre-bid meeting for all bidders will be held at 1330 hrs on 30.05.2018 at 42nd Floor, Ocean

Tower-II, Soi Sukhumvit 19, Klongtoey, Wattana, Bangkok-10110. Bidder's queries should be

submitted in writing to the Employer/Consultant and should be received at latest 5 days before

the pre bid meeting. No queries will be accepted or answered thereafter.

17. At any time prior to the date of opening of the proposals the Employer may issue an

addendum in writing to all persons or firms to whom the Tender documents have been issued,

deleting, varying or extending any item of this acknowledged and so noted in the space provided

in the Tender.

Unless it is in formal manner described above, any representation or explanation to the Bidder

shall not be considered valid or binding on the Employer as to the meaning of anything connected

with the Tender Document.

18. The date and time for submission may be deferred by an official notification in writing issued

by the Employer to all Bidders. Tenders received after this date will not be considered.

19. Tender may be disqualified for any reason including, but not limited to the following:

a) If tenderer sets forth any conditions which are unacceptable to the Employer.

b) If any tender is submitted under a name other than the name of the individual firm partnership

or corporation that was issued the Tender Document.

c) If there is evidence of collusion between Bidders.

d) If Tender sets forth any offer to conditionally discount, reduce or modify its tender.

e) If Bid price is disclosed before opening of Financial Bid.

20. (i) The attention of Bidders is drawn as to compliance with laws and regulations concerning

safety and health, labour regulations, social insurance, labour taxes, tax deduction , import

restrictions duties and levies, company's tax, input tax and output tax (VAT) etc. All rates and

sum inserted against items of works shall be exclusive of Value Added Tax.

In addition, Bidders must obtain all relevant information from the relevant Authorities

concerning all details and costs in respect of temporary services, deviation of traffic,

construction of temporary footpaths and pedestrian walkways, closing part of the road and

pavement, temporary electrical, water, telephone connections, etc and shall allow for same in

their Bids.

(ii) Schedule of Quantity is enclosed in Financial Bid Documents. Bidders are requested to quote

the rates of individual items. In case, the bidders feel that any item is left out and is required for

completion of the work, the same can be added in the Schedule of Quantity with full

nomenclature of the item. Bidders shall satisfy himself of the quantities given in the Schedule of

Quantity. These quantities shall be taken as guidance to assess the approx quantum of work

involved in the project. The Contractor may add to items, quantities to the items, supplied in

Schedule of Quantity as per the scope of the work, drawings and specifications provided in the

tender document. As already clarified the quantities in Schedule of Quantity shall not form part

of the agreement and in no way have any bearing of the completion of the work as defined in the

tender documents, however the rates quoted shall be used for variation. It shall be the

responsibility of the bidder to satisfy himself of the completion of the documents for the scope,

drawings, specifications, given to him. Nothing extra shall be payable if any additional

information or detail is provided later on for carrying out the works stated in the documents.

21. Bidder shall have deemed to have read carefully all the Tender Documents, Specifications and

drawings etc. The quoted Lumpsum Fixed price are inclusive and complete in all respect to make

buildings functional as per the standard of mission work.

22. Price escalation in rates due to any reason such as increase in prices of material, equipment

& labour, fuel (petrol, diesel, gas etc), electricity & water, levy of new taxes, hike in any tax

rate, Cess or due to delay in completion etc shall not be applicable.

23. Payment:-

All the payment shall be released as progress payments on the basis of certificate signed by the

Consultant. The detailed work schedule and the payment schedule would be furnished by the

contractor to employer/consultant who will approve it before it forms the part of the agreement.

However in the event of non-compliance of the payment schedule or otherwise due to the reasons

acceptable to the Architect, the progress payment shall be made on the basis of evaluation of work

done by the Consultant. All permissible deduction shall be effected during the Progress Payment.

24. Scope of Work:-

The works required for the construction of The Embassy Residence and Residential

Complex in Bangkok, Thailand for the Embassy of India, Bankok complete with all services

and external works as more particularly shown and specified in other sections of the

contract documents.

The tenders shall examine the drawings, specifications and details provided and bring any

omissions / discrepancies viz-a-viz scope to the notice of the employer and obtain clarification

prior to the submission of the fixed price lump sum tender.

The mechanical and electrical installations are included in the scope of the tender. The

installations will be carried out by a specialized Sub-contractor. The contractor shall submit

details and the experience of Sub-contractors.

The Employer shall not be responsible for any missing details and drawings which would

otherwise be required for completion of job as per the local mandatory norms or Sound

Engineering practices so as to make buildings functional as per the specifications envisaged in

the tender documents. The Contractor shall quote accordingly.

26. The employer reserves the right to waive any deficiency in any tender where such waiver is in the

interest of the employer except that no proposal will be accepted if the Earnest Money Deposit or/any of

the preceding statutory documents was not submitted with the tender.

DOCUMENT-II

Eligibility Documents

INDEX

SL.NO. DESCRIPTION Page no

1. Section – I Brief Particulars of Work

2. Section – II Information and instructions to applicant

3. Section – III Eligibility documents

(i) Letter of Transmittal

(ii) General

(iii) Form ‘A

(iv) Form ‘B’

(v) Form ‘C’

(vi) Form ‘D’

(vii) Form ‘E’

(viii) Form ‘ E –I’

(ix) Form ‘F’

(x) Form ‘G’

SECTION – I

BRIEF PARTICULARS OF THE WORK

Salient details of the work for which bids are invited are as under:

1.0 NAME OF WORK: THE CONSTRUCTION OF EMBASSY RESIDENCE AND RESIDENTIAL

COMPLEX IN BANGKOK, THAILAND

PERIOD OF COMPLETION:600 days

2.0 The work is to be executed on the land of 3-6-11 rai (5,778 sq. m) in Sukhumvit 25 Alley, Wattana

District, Bangkok, Thailand.

3.0 The works required for the construction of The Embassy Residence and Residential Complex in

Bangkok, Thailand complete with all services and external works as more particularly shown and

specified in other sections of the contract documents.

4.0 Work shall be executed according to FIDIC Conditions of Contract for Construction – First

edition -1999

SECTION - II

INFORMATION AND INSTRUCTIONS TO APPLICANTS

1.0 GENERAL

1.1 Introduction

This Project provides for the construction of The Embassy Residence and Residential

Complex in Bangkok, Thailand Building for Embassy of India, Bangkok.

The whole project is envisaged to be executed by a single agency.

1.1.2 Employer:

The Employer for the Project is The President of India acting through The Ambassador of India

in Thailand Employer’s address is

Embassy of India, 75/120-121, 42nd Floor Ocean Tower 2, Soi Sukhumvit 19, Klongtoey, Wattana,

Bangkok-10110

Telephone Numbers: (662) 2580300-6; Fax Number: (662) 2584627 and 262-1740

1.1.3 Consultants:

Consultants to the Employer are:

Architects 3D Company Limited

44/7-8 Thonglor 13, Wattana, Bangkok 10100

Phone: 02-712-7992

Fax: 02-185-2397

Email: architects3d.bkk@gmail.com

1.1.4 Site:

The site of work is at Sukhumvit 25 Alley, Wattana District, Bangkok, Thailand.

The following information is given as a general guidance. The bidder is expected to make his

own enquiries and visit the site and ascertain all relevant information regarding the site conditions.

1.1.5 Scope of Work: As already stated above at Para 3 of Section –I.

1.1.6 Project Co-Ordination:

The contractor shall undertake to program and concurrently review and revise the program and

report monthly on the program, supply of materials and execution of the contract using a PERT and

network analysis. He shall co-ordinate all supply and construction activities to ensure the contract runs

to schedule and budget.

1.1.7 Time Schedule:

The entire work is expected to be completed and commissioned in 600 calendar Days from the

date of commencement. Time shall be of the essence of contract.

2.0 CRITERIA FOR ELIGIBILITY

2.1 The applicant should have valid certificate of registration from the council of Registration of

Contractor, Thailand of category A or B for building projects.

2.2 Experience of having satisfactorily completed two works each costing not less than 300 million Thai

Baht or one work costing not less than 500 million Thai Baht during the last 5 years up to the last date.

The above costing is excluding VAT.

Similar works means – Building (executed and completed under single contract) of Reinforced Cement

Concrete framed structures including all utility services such as modern office buildings, hotels, shopping

malls, embassies, apartment complex etc. Certificate for completed similar work in proforma D shall be

referred. The work in which compensation has been levied for delayed completion shall not be considered

for eligibility. Under the para (12) of performance report in proforma D, if any of the parameter has been

graded fair or below for a work, that work shall not be considered for eligibility.

2.3 Should have average annual financial turnover of not less than 5,000 million Thai Baht (excluding

VAT) on construction works during the immediate last three than consecutive financial years.

2.4 bidding company should not have incurred any loss in more than two years during the last five financial years

including last financial years.

2.5 bidding company’s average net worth for the last three years calculated as the difference between total assets

and liabilities shall be position and must be not loss than 100 million Thai Baht.

2.6 bidding company’s registered issue and paid-up capital shall be minimum 500 million Thai Baht.

2.7 Should have a bank solvency (Credit Facility) of 40% of estimated cost of put to tender.

2.8 The applicant should own construction equipment required for the proper and timely execution of work. Else,

he should certify that he would be able to manage the equipment by hiring etc. and submit the list of firms from

whom he proposes to hire.

2.9 The applicant should have sufficient number of Technical and Administrative employees for the proper

execution of the contract. The applicant should submit a list of employees who would be involved in this work.

2.10 The applicant should submit list of all completed works in the last 5 years and list of all works in hand.

2.11 Joint Venture (JV) firms formed specifically for this tender shall not be permitted. JV qualifying as a single

entity i.e JV meeting all eligibility criteria like a single entity shall be permitted. JV partners meeting eligibility

criteria on individual basis separately shall not be permitted.

3.0 EVALUATION CRITERIA FOR ELIGIBILITY

3.1 For the purpose of eligibility, application will be evaluated in following manner:

The documents submitted by the applicant will be scrutinized for the criteria prescribed above and the applicant’s

eligibility for the work will be determined.

3.2 Even though applicants may satisfy the above requirements, he would be liable to disqualification if he

has:

a) Made misleading or false representation or deliberately suppressed information in the forms, statements

and enclosures required in the pre-qualification document.

b) Record of poor performance such as abandoning work, not properly completing the contract or financial

failures / weaknesses. c) has disclosed bid price before opening of financial bid.

4. FINANCIAL INFORMATION

Applicant should furnish the following financial information:

a) Annual financial statement for the last five financial years (Form A). This should be supported by audited

balance sheets and profit and loss accounts duly certified by a Chartered Accountant, as submitted by the applicant

to the Income Tax Department.

b) Name and address of the banker’s identification or individuals familiar with the applicant’s financial

standing and banker’s statement on availability of credit. Bank Certification of Financial Resources.

5. EXPERIENCE IN CIVIL WORKS HIGHLIGHTING EXPERIENCE IN SIMILAR WORKS.

5.1 Applicant should furnish the following:-

a) A list of all works of similar nature successfully completed during the last five years as per the press

notice condition (in Form ‘B’).

b) List of the projects under execution or awarded (in Form ‘C’)

5.2 Particulars of completed works and performance of applicant duly authenticated / certified by an

officer not below the rank of Project Manager or equivalent should be furnished separately for each work

completed (in Form ‘D’).

6. ORGANISATION INFORMATION

Applicant is required to submit the following in respect of his organization (in form ‘E’ and ‘E-

1’).

a) Name and postal address including telephone, fax number, e-mail etc.

b) Copies of original documents defining the legal status place of registration and principal place of

business including the registration and permission from the Thailand Government/ local authorities for

taking up construction works in Thailand.

c) Name and title of Directors and officers to be concerned with the work, with designation of individuals

authorized to act for the organization.

d) Information on any litigation in which the applicant was involved during the last five years, including

any current litigation.

e) Authorization for Employer to seek detailed references.

f) Number of Technical and Administrative employees in parent company, subsidiary company (in Form

‘E-I’)

7. CONSTRUCTION PLANT AND MACHINERY

Applicant should furnish the list of construction plant and equipment available with the contractor

likely to be used in carrying out the work (in Form ’F’).

8. Bank solvency should be submitted in Form 'G'.

9. Integrity Pact should be signed and submitted in Form 'H'.

10. LETTER OF TRANSMITTAL

The applicant should submit the letter of transmittal attached with eligibility document as given

in section III.

11. Tender: Envelopes for EMD shall be opened first. Bidders who have submitted required EMD as

mentioned shall be considered successful for opening of Technical Bids. Technical bids of successful

bidders shall be opened immediately. Both EMD envelope and Technical bids envelope shall be opened

in presence of bidders or their representatives. After evaluation of Technical Bids, a list of qualified

bidders will be prepared by the Employer. Qualified bidders will be informed and Financial bid of

qualified bidders shall then be opened at notified time, date and place in presence of bidders or their

representatives.

12. AWARD CRITERIA

12.1 The employer reserves the right without being liable for any damages or obligation to inform the

applicant to: -

a) Amend the scope and value of contract.

b) Reject any or all the applications without assigning any reason.

12.2 For any of the above actions, the Employer shall neither be liable for any damages nor be under any

obligation to inform the Applicants of the grounds for the same.

12.3 Any effort on the part of the applicant or his agent to exercise influence or to pressurize the Employer

would result in rejection of his application. Canvassing of any kind is prohibited.

SECTION – III

PRE- QUALIFICATION INFORMATION

LETTER OF TRANSMITTAL

From

To,

Embassy of India, 75/120-121, 42nd Floor Ocean Tower 2, Soi Sukhumvit 19, Klongtoey, Wattana,

Bangkok-10110 Telephone Numbers: (662) 2580300-6; Fax Number: (662) 2584627 and 262-1740

Subject: The construction of Embassy Residence and Residential Complex in Bangkok, Thailand

Sir,

Having examined the details given in the press notice and document for the above work / we

hereby submit the eligibility application and relevant documents and information.

1. I / We hereby certify that all the statements made and information supplied in the enclosed forms

‘A to H’ and accompanying statements are true and correct.

2. I / We have furnished all information and details necessary for eligibility and have no further

pertinent information to supply.

3. I / We submit the requisite certified solvency certificate and authorize The Head of Chancery,

Embassy of India, 75/120-121, 42nd Floor Ocean Tower 2, Soi Sukhumvit 19, Klongtoey, Wattana,

Bangkok-10110, to approach the bank issuing the solvency certificate to confirm the correctness thereof.

We also authorize The Head of Chancery, Embassy of India, 75/120-121, 42nd Floor Ocean Tower 2, Soi

Sukhumvit 19, Klongtoey, Wattana, Bangkok-10110, to approach my / our bankers, individuals, employ-

ers, firms and corporations to verify my / our statements, competency and general reputation.

4. I / We submit the following certificates in support of our suitability, technical know-how and

capability for having successfully completed the following similar works. (Certificate from Project

Manager in Proforma D in respect of each work mentioned below should be enclosed.)

Name of work Certificate from/Nature of

work

Contract amount in Thai Baht

Date of submission:

Signature(s) of Bidder(s).

Enclosures:

Date of Submission:

Signature of Applicant(s)

GENERAL

1.a) Name of Contractor ____________________

b) Registered Address_____________________________________________________

Registered Address in THAILAND_________________________

c) Telephone No. _________________________________________________________

Fax No. _________________________________________________________________

d) E-mail: _______________________________________________________________

e) Contact Names of Senior representative of Main Contractors / Partners

______________________________________________________________________

2. Type of Works carried out:

3. What is the nature of the Company / Firm? (Give details on separate sheets, if necessary)

a) Independent _______________________________

b) Supported by technical resources from some other source.

4. Name, Address and experience of Consultants/Sub-contractors are Enclosed at page's

no. ……….. to …………..

Form “A”

1. Financial Statement:

a) Authorized Capital (Give break up) ________________________________________

b) Issued and paid up Capital ______________________________________________

Annual turnover for construction

work excluding VAT for the last

immediate five financial years

In country of origin (in

case based out of

Thailand)

In THAILAND In other

Country/ Countries

Provide copies of annual reports or audited balance sheets, Profit and loss accounts along with Audit

reports and statement for the last five years. A certificate from Chartered Accountant authenticating the

annual turnover (excluding VAT) shall also be enclosed.

2. Details of loans and other financial commitments

3. Current Financial Position Currency Amount

as on date

a) Cash & Bank Balance

b) Current Assets

c) Current Liabilities

d) Working Capital

e) Net Worth

4. a) Name and Address of Auditors

b) Can the Employer make a No/Yes Written permission

reference to the Auditors enclosed at page

directly? …….

5. Applicant’s financial arrangements for the proposed work of Indian Embassy

Currency Amount a) Own resources

b) Bank Credits

c) Others (Specify)

6. Certificate of financial

soundness from the Banker/s

of applicant. Enclosed at page …………

7. Solvency Certificate

(as per the proforma enclosed at Form “G”) Enclosed at page …………

8. a) Name and address of the

Bankers (from whom references

can also be obtained).

b) Can such reference be obtained

directly by the Employer? No/Yes

Authorization letter

enclosed at page …....

9. Business Association to which the

Company belongs;

10. Number of years experience as a Contractor briefly as follows

Enclosed at pages …………to …….

a) In THAILAND____________________________________

b) In country of origin ________________________________

c) Internationally - Countries Experience No of years.

_________________ _________ __________

________________ _________ __________

Signature of Applicant (s)

Form “B”

(a) Similar Works completed in Thailand during the last 5 years as per press notice condition

Title, Location and

Brief Description of

work

Value in

THAI BAHT

Client Consultant Contract

Period for Completion

Actual period

for

Completion

Litigation /

Arbitration

pending, with

details

Client

certificate

at page

Signature of Applicant (s)

Form “B”

(b) Similar Works completed in locations other than Thailand during the last 5 years as per press notice

condition

Title, Location and

Brief Description of

work

Value in

THAI BAHT

Client Consultant Contract

Period for

Completion

Actual period

for

Completion

Litigation /

Arbitration

pending, with

details

Client

certificate

at page No.

Signature of Applicant (s)

Form “C”

(a) Similar Works now proceeding in Thailand

Title, Location and

Brief Description of

work

Value In

THAI BAHT

Client Consultant Due date for

completion

Up to date

progress in

percentage

Slow

progress if

any, and reasons

thereof

Client

certificate

at page No.

Signature of Applicant (s)

Form “C”

(b) Similar Works now proceeding at locations other than Thailand

Title, Location and

Brief Description of

work

Value

THAI BAHT

Client Consultant Due date for

completion

Up to date

progress in

percentage

Slow

progress if

any, and reasons

thereof

Client

certificate

at page No.

Signature of Applicant (s)

FORM ‘D’

PERFORMANCE REPORT OF SIMILAR WORKS AS DEFINED IN ELIGIBILITY CRITERIA

1. Project Name and Location:

2. Clients, Owners references name.

3. Project Architects

4. Name of Contractor

5. Total Cost of Project in Thai Baht excluding VAT

6. Date of Commencement, Date of Completion, Current Status

7. Amount of compensation levied for delayed completion if any

8. Amount of reduced rate items, if any

9.Size of Building in Square Meters

10. No. of Floors & No. of Basement

11. Type of building (Please also specify whether building meets similar work definition i.e Building of

Reinforced Cement Concrete framed structures including all utility services such as Modern office buildings,

Hotels, Shopping Malls, Embassies, Apartment Complex etc.).

12. Performance reports

i) Quality of work Very good Good Fair Poor

ii) Financial soundness Very good Good Fair Poor

iii) Technical Proficiency Very good Good Fair Poor

iv) Resourcefulness Very good Good Fair Poor

v) General behavior Very good Good Fair Poor

Dated: Project Manager or equivalent

FORM ‘E’

STRUCTURE AND ORGANIZATION

1. Name and address of applicant:

2. Telephone No.:

Fax No.:

Email address:

3. Legal status of the applicant (attach

Copies of original document defining

The legal status)

a) An Individual

b) A proprietary firm

c) A firm in partnership

d) A limited company or corporation

4. Particulars of registration with various

Government bodies (attach attested photocopy)

S.No. Organization / place of registration Registration No. i

ii

iii

iv

5. Name and Titles of Directors and officers with

designation to be concerned with this work.

6. Designation of individuals authorized to act for the

organization.

7. Was the applicant ever required to suspend

construction for period of more than six months

continuously after commencing construction?

If so, give the name of the project

and reason for not completing the work.

8. Has the applicant, or any constituent partner in

case of partnership firm, ever abandoned the

awarded work before its completion? If so, give

name of the project and reasons for abandonment.

9. Has the applicant or any constituent partner in case

of partnership firm, ever been debarred / black-listed

for tendering in any organization at any time? If so, give details.

10. Has the applicant or any constituent partner in case

of partnership firm, ever been convicted by a court

of law? If so give details.

11. Any other information considered necessary but

not included above.

Signature of Applicant(s)

FORM ‘E-I’

DETAILS OF TECHNICAL AND ADMINISTRATIVE PERSONNEL TO BE EMPLOYED FOR

THE WORK S.

No.

Designation Total

Number

Number

available

for this

work

Name Qualification Professional

experience

and details of

work carried

out

How these

would be

involved in

this work

Remarks

Signature of Applicant(s)

FORM ‘F’

DETAILS OF CONSTRUCTION PLANT AND EQUIPMENT LIKELY TO BE USED IN CARRYING

OUT THE WORK

S.

No.

Name of

equipment

Nos. Capacity Age Condition OWNERSHIP

STATUS

Current

location

Remarks

Signature of Applicant(s)

FORM ‘G’

PROFORMA FOR SOLVENCY CERTIFICATE FROM A SCHEDULED BANK

This is to certify that to the best of our knowledge and information that M/s /Mr……..…… having

marginally noted address, a customer of our bank are/is respectable and can be treated as good for any

engagement up to a limit of THB……..….. (THAI Baht…..……..……….. only).

This certificate is issued without any guarantee or responsibility on the bank or any of the officers.

(Signatures)

For the Bank

NOTE (1) Bankers certificates should be on letter head of the Bank, sealed in cover addressed to tender-

ing authority.

(2) In case of partnership firm, certificate should include names of all partners as recorded with

the Bank.

'FORM ‘H’

PRE-CONTRACT INTEGRITY PACT

BETWEEN

EMBASSY OF INDIA, BANGKOK

AND

-----------------------------------------

General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on ____ day of the

______ (month and year) between, on one hand, the President of India, acting through

Shri ______ , (designation of the officer)________________ Embassy of India, Bankok

(hereinafter called the “Employer”, which expression shall mean and include, unless the context

otherwise requires, his successors in office and assigns) of the First Part and M/S _______

represented by Shri ______ , Chief Executive Officer (hereinafter called the “BIDDER” which

expression shall mean and include, unless the context otherwise requires, his successors and permitted

assigns) of the Second Part.

WHEREAS the Employer proposes to get constructed the Embassy Residence and

Residential Complex, in Bangkok and the BIDDER is willing to construct the same and

WHEREAS the BIDDER is a private company/public company/Government

undertaking/partnership/registered export agency, constituted in accordance with the relevant law in the

matter and the Employer is Embassy of India, Bangkok performing its functions on behalf of the

President of India.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any influence

/ prejudiced dealings prior to, during and subsequent to the currency of the contract entered into with a

view to:

Enabling the Employer to get constructed the Embassy Residence and

Residential Complex, in Bangkok at a competitive price in conformity with the defined specifications

by avoiding the high cost and the distortionary impact of corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the

contract by providing assurance to them that their competitors will also abstain from bribing and other

corrupt practices and the Employer will commit to prevent corruption, in any form, by its officials by

following transparent procedures.

The parties hereby agree to enter into this Integrity Pact and agree as follows:

Commitments of the BUYER

1.1. The Employer undertakes that no official of the Employer, connected directly or indirectly with

the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe,

consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the

BIDDER, either for themselves or for any person, organisation or third party related to the contract in

exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process

related to the contract.

1.2. The Employer will, during the pre-contract stage, treat all BIDDERs alike, and will provide to all

BIDDERs the same information and will not provide any such information to any particular BIDDER

which could afford an advantage to that particular BIDDER in comparison to other BIDDERs.

1.3. All the officials of the Employer will report to the appropriate Government office any attempted or

completed breaches of the above commitments as well as any substantial suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to

the Employer with full and verifiable facts and the same is prima facie found to be correct by the

Employer, necessary disciplinary proceedings, or any other action as deemed fit, including criminal

proceedings may be initiated by the Employer and such a person shall be debarred from further dealings

related to the contract process. In such a case while an enquiry is being conducted by the Employer the

proceedings under the contract would not be stalled.

Commitments of BIDDERs

3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means

and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order

to secure the contract or in furtherance to secure it and in particular commit itself to the following:

3.1. The Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward,

favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement

to any official of the Employer, connected directly or indirectly with the bidding process, or to any person,

organization or third party related to the contract in exchange for any advantage in the bidding,

evaluation, contracting and implementation of the Contract.

3.2. The BIDDER further undertakes that it has not given, offered or promised to give, directly or

indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other

advantage, commission, fees, brokerage or inducement to any official of the Employer or otherwise in

procuring the Contract or forbearing to do or having done any act in relation to the obtaining or

execution of the contract or any other contract with the Employer for showing or forbearing to show

favour or disfavour to any person in relation to the contract or any other contract with the Employer.

3.3. BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs

shall disclose their foreign principals or associates.

3.4. BIDDERs shall disclose the payments to be made by them to agents/ brokers or any other

intermediary, in connection with this bid/contract.

3.5. The BIDDER further confirms and declares to the Employer that the BIDDER is the original

Constructor and has not engaged any individual or firm or company whether Indian or foreign to

intercede, facilitate or in any way to recommend to the Employer or any of its functionaries, whether

officially or unofficially to the award of the contract to the BIDDER, nor has any amount been paid,

promised or intended to be paid to any such individual, firm or company in respect of any such

intercession, facilitation or recommendation.

3.6. The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing

the contract, shall disclose any payments he has made, is committed to or intends to make to officials of

the Employer or their family members, agents, brokers or any other intermediaries in connection with

the contract and the details of services agreed upon for such payments.

3.7. The BIDDER will not collude with other parties interested in the contract to impair the

transparency, fairness and progress of the bidding process, bid evaluation, contracting and

implementation of the contract.

3.8. The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and

illegal activities.

3.9. The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to

others, any information provided by the Employer as part of the business relationship, regarding plans,

technical proposals and business details, including information contained in any electronic data carrier.

The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.

3.10. The BIDDER commits to refrain from giving any complaint directly or through any other manner

without supporting it with full and verifiable facts.

3.11. The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions

mentioned above.

3.12. If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER,

either directly or indirectly, is a relative of any of the officers of the Employer, or alternatively, if any

relative of an officer of the Employer has financial interest/stake in the BIDDER's firm, the same shall

be disclosed by the BIDDER at the time of filing of tender.

The term 'relative' for this purpose would be as defined in Section 6 of the Government of

India’s Companies Act, 1956.

3.13. The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or

transactions, directly or indirectly, with any employee of the Employer.

4. Previous Transgression

4.1. The BIDDER declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact, with any other company in any country in respect of any corrupt

practices envisaged hereunder or with any Public Sector Enterprise in India or any Government

Department in India that could justify BIDDER's exclusion from the tender process.

4.2. The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified

from the tender process or the contract, if already awarded, can be terminated for such reason.

5. Sanctions for Violations

5.1. Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its

behalf (whether with or without the knowledge of the BIDDER) shall entitle the Employer to take all or

any one of the following actions, wherever required:

(i) To immediately call off the pre-contract negotiations without assigning any reason or giving any

compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and / or Integrity Pact Security Deposit (in pre-

contract stage) and/or Performance Security (after the contract is signed) shall stand forfeited either fully

or partially, as decided by the Employer and the Employer shall not be required to assign any reason

therefor.

(iii) To immediately cancel the contract, if already signed, without giving any compensation to the

BIDDER.

(iv) To recover all sums already paid by the Employer, and in case of an Indian BIDDER with interest

thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a

BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any

outstanding payment is due to the BIDDER from the Employer in connection with any other contract for

any other stores/projects, such outstanding payment could also be utilised to recover the aforesaid sum

and interest.

(v) To encash the advance bank guarantee and performance security/warranty bond, if furnished by the

BIDDER, in order to recover the payments, already made by the Employer, along with interest.

(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay

compensation for any loss or damage to the Employer resulting from such cancellation/rescission and

the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.

(vii) To debar the BIDDER from participating in future bidding processes of the Government of India

for a minimum period of five years, which may be further extended at the discretion of the Employer.

(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or

broker with a view to securing the contract.

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by

the Employer with the BIDDER, the same shall not be opened.

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact.

5.2. The Employer will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of this

Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether

with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian

Penal Code, 1860, or Prevention of Corruption Act, 1988, or any other statute enacted for prevention of

corruption.

5.3. The decision of the Employer to the effect that a breach of the provisions of this Pact has been

committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can

approach the Independent Monitor(s) appointed for the purposes of this Pact.

6. Fall Clause

6.1. The BIDDER undertakes that it has not completed any project/presently running any similar project

or subsystems at a price lower than that offered in the present bid, in respect of any other Employer in

Thailand and if it is found at any stage that similar project/systems or sub system was completed by the

BIDDER to any other Employer at a lower price, then that very price, with due allowance for elapsed

time, will be applicable to the present case and the difference in the cost would be refunded by the

BIDDER to the Employer, if the contract has already been concluded.

7. Independent Monitors

7.1. There shall be Independent Monitors (hereinafter referred to as Monitors) appointed by the BUYER

for this Pact in consultation with the Central Vigilance Commission.

7.2. The task of the Monitors shall be to review independently and objectively, whether and to what

extent the parties comply with the obligations under this Pact.

7.3. The Monitors shall not be subject to instructions by the representatives of the parties and perform

their functions neutrally and independently.

7.4. Both the parties accept that the Monitors have the right to access all the documents relating to the

project/procurement, including minutes of meetings.

7.5. As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform

the Authority designated by the Employer.

7.6. The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project

documentation of the Employer including that provided by the BIDDER. The BIDDER will also grant

the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access

to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under

contractual obligation to treat the information and documents of the BIDDER/Subcontractor(s)

with confidentiality.

7.7. The Employer will provide to the Monitor sufficient information about all meetings among the

parties related to the Project provided such meetings could have an impact on the contractual relations

between the parties. The parties will offer to the Monitor the option to participate in such meetings.

7.8. The Monitor will submit a written report to the Foreign Secretary, Ministry of External Affairs,

within 8 to 10 weeks from the date of reference or intimation to him by the Employer / BIDDER and,

should the occasion arise, submit proposals for correcting problematic situations.

8. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission,

the Employer or its agencies shall be entitled to examine all the documents including the Books of

Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in

English and shall extend all possible help for the purpose of such examination.

9. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the

Employer.

10. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that

may follow in accordance with the provisions of the extant law in force relating to any civil or criminal

proceedings.

11. Validity

11.1. The validity of this Integrity Pact shall be from the date of its signing and extend up to 5 years or

completion of defects liability period of contract whichever is later and to the satisfaction of both the

Employer and the BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is

unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.

11.2. Should one or several provisions of this Pact turn out to be invalid, the remainder of this pact

shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.

12. The parties hereby sign this Integrity Pact at _______ on ___

Employer BIDDER

Name of the Officer. CHIEF EXECUTIVE OFFICER

Designation

Embassy of India, Bangkok

Witness Witness

1. ____________________ 1. _____________________

2. ___________________ 2. _____________________

DOCUMENT – III

Conditions of Contract

Embassy of India

Bangkok

1. Deviations: The contractor shall not make any addition, alteration or omission from the

works as described in the documents which have been offered and accepted by the Employer. If in

case any given details are found to be in contrast to the sound engineering practice, it is the

contractor’s responsibility to bring out the same to the notice of the Employer and obtain written

instructions on such amendments/ clarification so as to produce structurally sound products.

2. Documents: The following documents shall be prepared and submitted by the contractor to the

Employer along with the bill for making payment :-

(a) Signed copy of Invoice.

(b) Guarantee/ Warranty certificate.

(c) Purchase voucher.

(d) Test certificate of structural steel

(e) Prescribed pre-stamped bills in triplicate.

(f) 100% Insurance cover on the price quote

(g) Bill of Quantity

3. Penalty Clause: In case the contractor fails to complete the project within the stipulated time,

penalty of 0.05 % of Accepted Contract Amount per week of delay will be calculated on per day basis

with the maximum of Five per cent (5%) of the Accepted Contract Amount

4. Litigation/ Arbitration: No time extension of any kind shall be granted under any circumstances

except natural calamities and un-expected circumstances. No litigation or arbitration under any

circumstances at any stage shall be applicable. The contractor not willing to accept this pre-condition

are advised not to participate in the tendering process.

5. Subletting, Transfer, Assigning the Supply to Other Agencies: The firm shall not sublet,

transfer or assign the supplies of the items. Any violation on this count shall render the offer/ supply

order to be cancelled and the security deposit/ Performance Bank Guarantee forfeited.

6. Rejection of Bids: Canvassing by the bidder in any form, unsolicited letters, conditions

given by supplier in quotation documents will render his candidature invalid.

7. Miscellaneous: Details not mentioned in the specifications, but required, as per good and sound

engineering practice shall be provided by the contractor after prior written clearance from the Employer.

Necessary modifications with the items may be carried out to suit the same once approved in written by

the Employer.

8. VAT, Excise and Sales Tax: Firm will ensure that all taxes including excise, VAT, sales and any

other taxes as applicable are paid. This department has no responsibility for any dispute on this

account. No additional liability will be accepted on these accounts. Amount quoted by the bidder will be

inclusive of all form of taxes.

9. Termination of Contract: The Owner shall have the right to terminate this Contract in part or in

full in any of the following cases:

a) The contractor is declared bankrupt or becomes insolvent.

b) The delivery of project is delayed due to causes of Force Majeure by more than (06 Months)

provided Force Majeure clause is included in contract.

c) The Owner has noticed that the contractor has utilised the services of any Indian/Foreign agent

in getting this contract and paid any commission to such individual/company etc.

d) As per decision of the Arbitration Tribunal / Court of Law.

e) Failing to meet quality requirements

10 Notices: Any notice required or permitted by the contract shall be written in the English language

and may be delivered personally or may be sent by registered pre-paid mail/email, addressed to the last

known address of the party to whom it is sent.

11. Transfer and Sub-letting: The contractor has no right to give, bargain, sell, assign or sublet or

otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take

benefit or advantage of the present Contract or any part thereof.

12. Patents and Other Industrial Property Rights: The prices stated in the present Contract shall

be deemed to include all amounts payable for the use of patents, copyrights, registered charges,

trademarks and payments for any other industrial property rights. The contractor shall indemnify the

Buyer against all claims from a third party at any time on account of the infringement of any or all the

rights mentioned in the previous paragraphs, whether such claims arise in respect of manufacture or use.

The contractor shall be responsible for the completion of the supplies including spares, tools, technical

literature and training aggregates irrespective of the fact of infringement of the supplies, irrespective of

the fact of infringement of any or all the rights mentioned above.

13. Amendments: No provision of present Contract shall be changed or modified in anyway

(including this provision) either in whole or in part except by an instrument in writing made after the

date of this Contract and signed on behalf of both the parties and which expressly states to amend the

present Contract.

14. Taxes and duties: The quoted price shall be inclusive of all types of applicable taxes and duties.

15. Risk and Cost: In the event of failure on the part of supplier to supply the full quantity in the

time stipulated or within any extended period granted by the accepting officer or in the event of failure

to supply on any account, the accepting officer shall have the right to cancel the supply order and obtain

the undelivered supplies from other sources at risk and expense of the contractor. The contractor is liable

to pay the additional amount spent by the Government in procuring the said stores through a fresh supply

order i.e. the defaulting supplier has to bear the excess cost incurred as compared with the amount

contracted with the contractor.

16. Force Majeure: Should any Force Majeure circumstances arise, each of the contracting party

shall be excused for the non-fulfillment or for the delayed fulfillment of any of its contractual obligations,

if the affected party within 15 days of its occurrences informs the other party in writing. Force Majeure

shall means fires, floods, natural disasters or other acts, that are unanticipated or unforeseeable, and not

brought about at the instance of the party claiming to be affected by such event, or which, if anticipated

or foreseeable, could not be avoided or provided for and which has caused the non-performance or delay

in performance, such as war, turmoil, strikes, sabotage, explosions, quarantine restriction beyond the

control of either party. A party claiming Force Majeure shall exercise reasonable diligence to seek to

overcome the Force Majeure event and to mitigate the effects thereof on the performance of its

obligations under this contract.

17. Warranty: The stores supplied against the supply order shall bear a warranty against defective

materials and workmanship for a period of two years from the date of handing over the completed assets

to the user. In case of structural and manufacturing failure or defect, malfunctioning, damage or defect

of any component within the warranty period, the consignee shall inform the contractor for joint

inspection. Within a period of one week of the receipt of such information, the rejected material shall be

removed and replaced by the contractor at his own expense and no extra payment shall be made on this

account.

18. The rates quoted will remain valid for six months from the date of opening of bids.

19. Specification: The contractor guarantees to meet the specifications of the Supply Order and to

incorporate the modifications to the existing design configuration to meet the specific requirement of the

Employer as per modifications/requirements. All technical literature and drawings shall be amended as

per the modifications by the contractor before supply to the Buyer. The contractor, in consultation with

the Employer, may carry out technical up gradation in the design, drawings and specifications due to

change in manufacturing procedures, indigenization or obsolescence. This will, however, not in any way,

adversely affect the end specifications of the equipment. Changes in technical details, drawings, repair

and maintenance techniques along with necessary tools as a result of up gradation/alterations will be

provided to the Employer free of cost within (15) days of affecting such up gradation.

20. Quality: The quality of the buildings delivered shall correspond to the technical conditions and

standards or specifications enumerated as per QUOTATION and shall also include therein modification

to the stores suggested by the Employer. Such modifications will be mutually agreed to. The contractor

confirms that the stores to be supplied under this Supply Order shall be new i.e. not manufactured before

(Year of Supply Order), and shall incorporate all the latest improvements and modifications thereto

and spares of improved and modified equipment are backward integrated and interchangeable with same

equipment supplied by the contractor in the past if any. The contractor shall supply an interchange ability

certificate along with the changed part numbers wherein it should be mentioned that item would

provide as much life as the original item.

21. Installation of Buildings: The contractor is responsible for construction of plinths, erection of

buildings, all electrical and sanitary fitments, internal water supply, drainage, essential services and any

other requirement on sites & commissioning of buildings to make it functionally usable. No additional

payments will be admissible for providing the same.

22. Maintenance Liability: Supplier is liable for maintenance of all items during defects liability

period of 365 days.

Bank Guarantee Proforma for Earnest Money Deposit/Tender Security

Bank Guarantee No.......

Brief description of contract:- The construction of Embassy Residence and Residential Complex in

Bangkok, Thailand. Name and Address of Beneficiary:- Embassy of India, 75/120-121, 42nd Floor Ocean Tower 2, Soi

Sukhumvit 19, Klongtoey, Wattana, Bangkok-10110, Tel: (662) 2580300-6; Fax: (662) 2584627 and

262-1740

Date :

Whereas M/s (Name of Contractor with address)______________ have submitted their tender for Name

of work : ______________________ at location for Embassy of India in Bangkok, and one of the tender

conditions is for the M/s (Name of Contractor with address)____________ to submit a Bank Guarantee

for Earnest Money Deposit amounting to 11 Million Thai Baht (Thai Baht Eleven million only). In

fulfilment of the tender conditions, we, (Name of Bank with address)____________ hereby irrevocably

and unconditionally undertake to pay to you within three working days of receipt of your first written

demand, without any demur whatsoever and without seeking any reasons, whatsoever, up to the

maximum aggregate amount of 11 Million Thai Baht (Thai Baht Eleven million only).

This guarantee is valid for a period of 180 Days and any claim and statement hereunder must be received

at the above mentioned office before expiry. After expiry, this guarantee shall become null and void

whether returned to us for cancellation or not and any claim or statement received after expiry shall be

ineffective.

Notwithstanding anything to the contrary contained herein above, the maximum liability under this

guarantee is restricted to 10 Million Thai Baht (Thai Baht Ten million only).

Notwithstanding anything to the contrary contained hereinabove,this guarantee is valid from (date of

issue ) ______________ up to the (date after 180 days from date of issue) __________ and claims under

this guarantee should be submitted not later than (date after 180 Days from date of issue)___________.

This guarantee may not, without our prior written consent, be transferred or assigned and this guarantee

is limited to the payment of a sum of money.

This guarantee shall be governed and construed in accordance with the laws of Thailand and is governed

by the United Rule for Demand Guarantee (ICC Publication No.758) and shall be subject to exclusive

Jurisdiction of the Royal Thai Courts.

Date ___________ Signatures________________

Document –IV

Specifications of all disciplines

Sets of documents are included in this package.

Document –V

Drawings of all disciplines

Sets of documents are included in this package.

Document –VI

APPENDIX TO TENDER

(Please refer FIDIC Condition of Contract 1999 First Edition)

Item Clause Data

Employer's name and address 1.1.2.2 & 1.3 Embassy of India, 75/120-121, 42nd Floor

Ocean Tower 2, Soi Sukhumvit 19, Klongtoey,

Wattana, Bangkok-10110

Phone: (662) 2580300-6

Fax: (662) 2584627 and 262-1740

Contractor's name and address 1.1.2.3 & 1.3 Name (to be decided)

Address

Architect & Engineer's name and

address

1.1.2.4 & 1.3 1. Consultant Architect:

Architects 3D Company Limited

44/7-8 Thonglor 13, Wattana, Bangkok 10100

Phone: 02-712-7992

Fax: 02-185-2397

Email: architects3d.bkk@gmail.com

2. Civil Engineer:

Architects 3D Company Limited

44/7-8 Thonglor 13, Wattana, Bangkok 10100

Phone: 02-712-7992

Fax: 02-185-2397

Email: architects3d.bkk@gmail.com

Wiroj Engineer Design Company Limited

49/558 Soi Nimitrmai, Nimitrmai Road, Klong

Samwa, Bangkok, 10510

Phone: 02-915-6176

Fax: 02-045-5517

Email: engineerkuru@gmail.com

3. Mechanical Engineer:

P.U. Associate Co.,Ltd.

21/161, Soi Ladprao 15, Ladprao Road,

Ladyao, Chatujak, Bangkok, 10900

Phone: 02-938-5006-10

Fax: 02-513-9015

Email: puasso2013@gmail.com

4. Electrical Engineer:

P.U. Associate Co.,Ltd.

21/161, Soi Ladprao 15, Ladprao Road,

Ladyao, Chatujak, Bangkok, 10900

Phone: 02-938-5006-10

Fax: 02-513-9015

Email: puasso2013@gmail.com

5. Quantity Surveyor:

Architects 3D Company Limited

44/7-8 Thonglor 13, Wattana, Bangkok 10100

Phone: 02-712-7992

Fax: 02-185-2397

Email: architects3d.bkk@gmail.com

1. Employer's Personnel –

(Consultants appointed by the

Employer)

1.1.2.6 Architects 3D Company Limited

44/7-8 Thonglor 13, Wattana, Bangkok 10100

Phone: 02-712-7992

Fax: 02-185-2397

Email: architects3d.bkk@gmail.com

Time for Completion of the

works

1.1.3.3 600 calendar days

Defects Notification Period 1.1.3.7 365 days

Electronic transmission systems 1.3 Electronic mails

Governing Law 1.4 Thai Law

Ruling Language 1.4 English

Language for communications 1.4 English

Time for access to the site 2.1 On the commencement date

Amount of Performance Security 4.2 Five per cent (5%) of the Accepted Contract

Amount

Normal working hours 6.5 As per local law/local practice. No payment

shall be admissible for overtime by Employer.

Commencement of works 8.1 Within 42 Days after the Contractor receives

the letter of Acceptance or on handing over of

site whichever is later

Programme 8.3 Within 14 days after receiving the notice

Delay damages for the works 8.7 & 14.15

(b)

0.05 % of Accepted Contract Amount per week

of delay to be calculated on per day basis

Maximum amount of delay

damages

8.7 Five per cent (5%) of the Accepted Contract

Amount

Completion of Outstanding work

and Remedying Defects (Time to

Complete Outstanding work)

11.1 (a) 28 days

If there are Provisional Sums:-

Percentage for adjustment of

Provisional Sums

13.5 (b) As per Bills of Quantities/Schedule

Total advance payment 14.2 Ten per cent (10%) of the Accepted Contract

Amount against Bank Guarantee.

No. and timing of Instalments 14.2 Total amount in 14 days after Letter of Award.

Start repayment of advance

payment, Repayment

amortization of advance payment

,

14.2 (a)

(Revised),

14.2 (b)

(Revised),

The Advance Payment limited to 10% of Accepted

Contract Amount can be sanctioned to the contractor

on specific request as per term of the contract.

(ii) The Advance shall be released only after

obtaining an unconditional bank Guarantee bond

from a schedule bank for the amount of advance to

be released and valid for the contract period.

This shall be kept renewed time to time to cover the

balance amount and likely period to complete

recovery

(iii) It shall be ensured that at any point of time, Bank

Guarantee is available for the amount of outstanding

advance.

(iv) The recovery should be commenced after 10%

of work is completed and the entire amount together

with interest shall be recovered by the time 100% of

the work is completed.

Percentage of retention 14.3 Five per cent (5 %) of the total amounts

described in Clause 14.3 (a) and (b).

Limit of Retention Money 14.3 Five per cent (5%) of the Accepted Contract

Amount (excluding VAT)

Plant and Materials for payment

when shipped en route to the site

14.5 (b) Not applicable

Plant and Materials for payment

when delivered to the site....

14.5 (c) See list of Clause 14.5 (c) Plant and Materials

at Appendix B, to be completed by the Tenderer

Minimum amount of Interim

Payment Certificates

14.6 Not applicable

Currency/Currencies of payment 14.15 Thai Baht

Periods for submission of

insurance:

(a)Evidence of insurance

Relevant policies

18.1

Within 14 days of the issue of the letter of

Acceptance

Not later than Commencement dates

(b) relevant policies 18.1

Insurance of works and

Contractor equipment

18.2 At Accepted Contract value

Minimum amount of deductible

for insurance of the employer's

risks

18.2(d) All liability under this contract in the scope of

Contractor

Minimum amount of third party

insurance

18.3 Fifty Million Thai Baht per occurrence and in

aggregate. Number of occurrences- unlimited

Insurance of Contractor

Personnel

18.4 As per local Bye-laws

Appointment of the Dispute

Adjudication Board

20.2 Not applicable

Failure to Agree Dispute

Adjudication Board

20.3 Not applicable

Obtaining Dispute Adjudication

Board’s Decision

20.4 Not applicable

Arbitration shall be administered

by

20.6(a) Rules of Thai Arbitration Institute,

Department of Justice under Thai government

___________________

Signature of Contractor:

Date:__________________

B. Financial Bid Documents

Document –VII

COMMERCIAL PRICE SCHEDULE

The construction of Embassy Residence and Residential Complex in

Bangkok, Thailand

Item Description Total Amount (THB) (Incl. all taxes*)

Total Composite

Price (in figures)

Total Composite Price (In

words)

Document –VIII

Schedule of Items for Variations – Schedule of Quantity for Civil, Electro-Mechanical, Elevator,

Landscaping, Security, Development works etc as applicable. Item/Quantity to be

modified/confirmed and rate of each item to be quoted by Bidder.

Sets of documents are included as BOQ in this package.