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.
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: [email protected]
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: [email protected]
2. Civil Engineer:
Architects 3D Company Limited
44/7-8 Thonglor 13, Wattana, Bangkok 10100
Phone: 02-712-7992
Fax: 02-185-2397
Email: [email protected]
Wiroj Engineer Design Company Limited
49/558 Soi Nimitrmai, Nimitrmai Road, Klong
Samwa, Bangkok, 10510
Phone: 02-915-6176
Fax: 02-045-5517
Email: [email protected]
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: [email protected]
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: [email protected]
5. Quantity Surveyor:
Architects 3D Company Limited
44/7-8 Thonglor 13, Wattana, Bangkok 10100
Phone: 02-712-7992
Fax: 02-185-2397
Email: [email protected]
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: [email protected]
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:__________________
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.
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