Procurement / E-Procurement orders

.. i. . I b) Payment through RTGS/NEFT: ii. On selection of RTGS/NEFTas the paym nt mode, the e-Procurement portal will show a pre-filled challan having he details to process RTGS/NEFT transaction. The bidder will print the challan and us the pre-filled information to make RTGS/NEFTpayment using his Bank acco~nt. Once payment is made, the bidder Will come back to the e-Procurement portal after expiry of a reasonable time 0 enable the NEFT/RTGS process to complete, in order to verify '.he payme t made and continue the bidding process. I If verification is successful, the fund ~ill get credited to the respective Pooling account of the State Govern~ent /PSU/ Autonomous Body/Local Body/PRls, etc maintained with the Foc I Point Branch of IClCI Bank at R.N. Mukherjee Road, Kolkata for collection 0 EMD/Tender Fees. Hereafter, the bidder will go to e-Procu ement portal for submission of his bid. iii. iv. v. vi. But if the payment verification is unsucc ssful, the amount will be returned to the bidder's account. 3. Refund/Settlement Process: i. After opening of the bids and technical ev luation of the same by the tender inviting authority through electronic proces ing in the e-Procurement portal of the State Government, the tender inviting au hority will declare the status of the bids as successful or unsuccessful which wll be made available, along with the details of the unsuccessful bidders, to IClCI Bank by the e-Procurement portal through web services. ii. On receipt of the information from the e-Procurement portal, the Bank will refund, through an automated process, the EMD of the bidders disqualified at the technical evaluation to the respective idders' bank accounts from which they made the payment transaction. Such re und will take place within T+2 Bank Working Days where T will mean the date 0 which information on rejection of bid is uploaded to the e-Procurement portal y the tender inviting authority. iii. Once the financial bid evaluation is el ctronicallv processed in the eProcurement portal, EMD of the technically ualified bidders other than that of the Ll and L2bidders will be refunded, thr ugh an automated process, to the respective bidders' bank accounts from which thev made the payment transaction. Such refund will take place within T+2 Bank Working Days where T will mean the date on which information on ~ejection of financial bid is uploaded to the e-Procurement portal by the tender inviting authority. However, the L2 bidder should not be rejected till the LOI pro ess is successful. iv. If the Ll bidder accepts the LOI and the same is processed electronically in the eProcurement portal, EMD of the L2 bidd r will be refunded through an automated process, to his bank account f om which he made the payment transaction. Such refund will take place with n T+2 Bank Working Days where T will mean the date on which information on Award of Contract (AOC) to the Ll bidder is uploaded to the e-Procurement por al by the tender inviting authority.

v. As soon as the Ll bidder is awarded the contract (AOC) and the same is processed electronically in the e-Procureme t portal - a) EMD of the Ll bidder for tender of State Government offices will automatically get transferred from the pooling account to the State Government deposit head 1/8443-0 -103-001-07" through GRIPS along with the bank particulars of the Ll bi der. b) EMD of the Ll bidder for tende'ls of the State PSUs/Autonomous Bodies/Local Bodies/PRls, etc will aucomaticallv get transferred from the pooling account to their respective inked bank accounts along with the bank particulars of the Ll bidder. In both the above cases, such transfer will' ake place within T+1 Bank Working Days where T will mean the date on which t e Award of Contract (AOC) is issued. vi. The Bank will share the details of the GRN o. generated on successful entry in GRIPSwith the E-Procurement portal for up ation. vii. Once the EMD of the Ll bidder is transferr d in the manner mentioned above, Tender fees, if any, deposited by the bidd rs will be transferred electronically from the pooling account to the Governm~nt revenue receipt head 1/0070-60- 800-013-27" through GRIPSfor Government tenders and to the respective linked bank accounts for State PSU/Autonomous B dy/Local Body/PRls, etc tenders. viii. All refunds will be made mandatorily to the ank A/c from which the payment of EMD & Tender Fees ( if any) were initiated. i. 4, Accounting and Monitoring Process: ii. The IClCI Internet Banking will communicate to teState Government e-Procurement portal all details of transactions on daily basis. The Tender Inviting Authority of the Gover ment Offices/PSUs/ Autonomous Bodies/Local Bodies/PRls, etc will be using thei respective e-procurement User ID and Password to view the EMD and Tender Fe 5 deposited by the bidders in the pooling accounts. t The nodal officer of the Finance Department, overnment of West Bengal will be able to view the Department-wise EMD and Ten er Fees deposited by the bidders to the pooling accounts and fund transferred do nstream at various stages of the tender process to the Government accounts an bidders' accounts, as applicable by using user access as provided by NIC. The details of NIC E-Procurement Help Desk and toll free numbers of IClCI Bank are given in annexure. iii. iv. The system will become effective from 01/08/2016 and can be used by any Government Offices/PSUs/Autonomous Bodies/Local Bodies/PRls, etc. w th effect from that date. However, with effect from 01/09/2016, all the EMD/Tender fees if respect of e-tender of all State Government Offices/PSUs/Autonomous Bodies/Local Bod es/PRls, etc will mandatorily be received and refunds/settlements made as per the procedur state~above. . ~\~,~ (PASid~i) Secretary to the G vernment of West Bengal Finance Department

No. 397S/1(SOO)-F(Y) Dated, 281r July, 2016 Copy forwarded for information and necessary action to: 1. Principal Accountant General (A&E), West Bengal, Tr asury Buildings, 2, Govt. Place (West), Kolkata-700 OOl. 2. Principal Accountant q!eneral (Audit), West Bengal, Treasurv Buildings, 2, Govt. Place (West), Kolkata-700 001. 3. Principal Accountant General (RW & L!3A), West !3 ngal, CGO Complex, 3 rd MSO Building, s" Floor, Block DF, Sector I, Salt Lake, Kolkat 3 - 700064. 4. Additional Chief Secretary 1 principal Secretary Secretary, ---------------...----.....-t--------- Department, ate offices, PSUs, Local Bodies, / with the request to circulate this Order to all subord] Autonomous Bodies, PRIs under their control. 5. Commissioner, Division. ------------------------r------------ 6. District Magistrate 1 District Judge 1 Superintendent 0 Police, _ 7. Financial Advisor, Department, / Government of West Bengal. A. Sri Sumit Mitra, Network Administrator, Finance (Budget) Department, for uploading this Order in the Finance Department website. 9. 510 & Director General, National lnformatlcs Centre (NIC), West Bengal, Bidyut Bhavan, Salt Lake, Kolkata-70009l. 10. Assistant General Manager, PAD, RBI, Kplkata-70000 . 11. Sri Saptarshi Chandra, Chief Manager, Government Banking Group, WB, ICICI Bank Limited, 3A, Gurusaday Road, Kolkata - 700019. 12. Director of Treasuries & Accounts, Wes} Bengal, Mit a Building, 8, Lyons Range, 3rd Floor, Kolkata - 700 OOl. 13. Sub-Divisional Officer, +- _ 14. Pay & Accounts Officer, Kolkata Pay & Accounts )ffice -I, 81/2/2, Phears Lane, Kolkata - 700012 . 15. Pay & Accounts Officer, Kolkata Pay & Accounts Office-ll, P-I, Hyde Lane, Kolkata -700 012. 16. Pay & Accounts Officer, Kolkata Pay & Accounts Off e -lll, IB Market, 1st Floor, Salt Lake, Sector -Ill, Kolkatz - 700106. 17. Treasury Officer, +- _ 18. Branch / Group _ :<-q \{)~ lf~ Assistant Secre ary to the overnment of est Bengal

NIC & ICICI BANK E-PROCUREMEN~ HELP DESK NAME LOCATION CONTACT MAIL-ID NIC HELP DESK NO. Mr. ATANU BHUNIYA WBPWDguest 033·22236236 [email protected] TANMOY LAHIRI house,pranjali NAZMUSSAHADATMOLLA 3/2 st. Georgers.gate road JAYANTA SAMANTA hasting more I N!LADRI HEMBRAM I Mr. Habibulla Rahaman Irrigation & Waterways 9874961136 [email protected] Mr. Bhaskar Rao dept Mr. CHANDAN DEY Jalsampad bhavan, [email protected] Mr. ROBIN DAS Jalsampad bhavan, Salt lake GROUND floor, Salt lake I I CHINMAOY MANDAL Office of Superintending 8~58999869 hripwdmsd@gmail,com (Murshidabad Helpdesk) Engineer, C.R. Das Road, 9f41902796 I P.O·Serhampore, Dist.· I Murshidabad, Pin·742101 Mr. ARINDAM BERA MIDNAPUR HIGHWAY 9641951710 [email protected] (Midnapore Helpdesk) DIVISION NO.lI PUBLIC WORKS(ROADS) DTE SAHEED MANGAL PANDEY SARANI I PASCHIM f--- MEDINIPUR:721101 - DINESH MAHATO P.W.D. Burdwan Division, 9932302439 [email protected] (Burdwan Helpdesk) Aftab Club Court I Compound, Burdwan Mr. RAJU DAS MALDA PWD HIGH 9800262930 [email protected] (Malda Helpdesk) DIVISION,SINGTALA BUS STOP·HANTA KALlBARI Mr. NIRUPAM NAG PWD NORTH BENGAL 7501483711 [email protected] (Siliguri Helpdesk) CONSTRUCTION DIVISION AIR VIEW MORE (NEAR 2NDMAHANANDA BRIDGE) HILL CART ROAD SILlGURI • 734001 ICICI Bank Help desk NA 033·40267512 [email protected] I 033·4026751~

Start Bidder accesses the E procurement portal of GOWB Bidder selects the deptltender to bid and sel cts payment option as net banking/ cards On selection of net banking/card option, th bidder will be taken to PGpage and will sel the bank or card (VISA/Master Card) throug which bidder wants to do the transaction Bidder makes the payment after keying in uni id or password to process the transaction Bidder receives a confirmation message f r successful or unsuccessful transaction If transaction failure, bidder will try again If transaction is success, the funds will get credited to the pooling account opened for Dept/ PSUsand bidder will be taken ahead in tendering workflow Bidder will go ahead and complete other formalities in the portal for submission of b d I ( Stop)

P..-o«# for rc-1:J~-tN-~~ RTCiSINEFT (A~e.-II) ~ Bidder accesses the E procurement portal of GOWB Bidder selects the deptltender to bid and selects the payment option as RTGS/NEFT The portal will show a pre-filled challan that has the details to process RTGSINEFTtransaction The bidder will print the challan and use the pref lled information to make RTGS-NEFTpayment through his bank Once the payment is done, the bidder will co e back to e-proc portal to verify the payment made and to complete bidding for the tender I If verification is success, the funds will get credited to the pooling account of the client Bidder goes on to complete submission of bid for the tender Stop If verification unsuccessful Funds will be returned back to the account of the bidder, if funds or wrong credit is cited in the pooling account

PY~Yof Y~~(A~e-III) Gp I Dept opens the tender an declares status of bi~S submitted as successful 9r unsuccessful. Details gf unsuccessful bidders mad~ available through we services by E proc to Bank wi l get consumed and processe for refund Status as Successful bidder EMDof successful bidder is transferred in case of Autonomous body to their resp. CA and in case of govt. dept. to GRIPS Portal via a special purpose CA opened for it. The tran is done through RBI and updated in GRIPSportal. This will happen within T+1 day. 1 Bank will share the details of GRN number generated on successful entry in GRIPSwif1 E proc portal for updation c S_ top_) st4tus as ~nsuccessful bidder I Source of t e transaction will be identified using uniq~e codes based on the details given of unfuccessful bidders i Refund will be done to the source account of the bidders from Which~ltheydid PG/RTGS/NEFT transaction through an automat d process. Refund would happ n in T+ 2 days - in case EMD recd. through RTGS/NEFf and T+2+No. of days- in case EMD recd. through PGservices that is net banking. c S_ top_)

Government of West Bengal Finance Department Audit Branch .No.4884- F(Y) MEMORANDUM Date: 15.09.2016 Sub: e- Tendering / e-Auction I E-Tendering for State Government offices and State PSU~, Local Bodies, Autonomous Bodies, parastatals etc. through centralized e-Tender / etAuction portal of the State Government [https://wbtenders.gov.in] for tenders with val~e above ~ 50 lakh was made mandatory under FD Notification No. 5400-F(Y) dated 25.06~2012. Subsequently, the base level for mandatory e-Tendering process was reduced from ~ 50 lakh to ~ 5 lakh under FD Notification No. 6932-F(Y) dated 29.08.2013. It has however come to the notice of the Government that ome of the State PSUs, Local Bodies, Autonomous Bodies, parastatals etc. are still not folio ing the e-Tender / e-Auction procedure as prescribed in the above mentioned GOs. Under such circumstances, it is reiterated that the e-renler / e-Auction procedure as prescribed in FD Notification No. S400-F(Y) dated 25.0 .2012, No. 3739-F(Y) dated 03.05.2012 and No. 6932-F(Y) dated 29.08.2013 is mandato y and the Managing Director, Commissioner / Chief Executive Officer/ Executive Officer / ~inance Officer / Secretary and other office bearers of such organisations will be held respo sible if the proper e-Tender / e-Auction procedure is not observed in such institutions. The Secretary of the Departments concerned are requested t circulate this order to all the parastatals under their departments and also monitor/ensur that e-Tender/ e-Auction are followed by all such parastatals. ( H.K.Dwivedi) ~ rincipal Secretary to the G vernment of West Bengal I I

No•.4Sti4/ 1~5uO}-F ~-t ) ., Date: 15.09 •.2016 Copy forwarded for information and necessary action to: 1. Principal Accountant General (A&E), West Bengal, Treasurv Buildings, 2, Government Place West, Kolkata - 700001. I 2. Principal Accountant General (Audit), West Bengal, Tre~sury Buildings, 2, Government Place West, Kolkata - 700001. .I 3. Accountant General (Receipt, Works & Local Bodies AUdit)' West Bengal, CGO Complex, 3 rd MSO Building, s" Floor, Block OF, Sector I, Salt Lake, K Ikata - 700064. 4. Additional Chief Secretary / Principal Secretary / Secreta y, ' ____________________ --\ Department 5. Special Secretary/Additional Secretary/Commissioner/Joi t Secretary/Deputy Secretary, Finance Department. I 6. co~miSSiOneG ~:1=============~_D_i_V_is_io_n_, 7. Director, -+ _ 8. Director of Treasuries & Accounts, West Bengal, Mitra Bu Iding, 8, Lyons Range, 3 rd Floor, Kolkata - 70000l. 9. District Magistrate / District Judge / Superintendent of Po ice, _ 10. Sub-Divisional Officer, + _ 11. Block Development Officer, l . 12. Pay & Accounts Officer, Kolkata Pay & Accounts Office-I, 81/2/2, Phears Lane, Kolkata - 700012. I I 13. Pay & Accounts Officer, Kolkata Pay & Accounts Offlce-ll. P-l, Hyde Lane, Kolkata - I 700073. I 14. Pay & Accounts Officer, Kolkata Pay & Accounts Office-Ill IB Market, 1 st Floor, Block IB, Sector Ill, Salt Lake, Kolkata - 700106. 15. Treasury Officer, ---------------t----------- 16. Group __ / Branch, Finance Dep rtment. ~ri Sumit Mitra, Network Administrator, Finance (Budget) D partment. He is requested to upload copy of this order in the website of Finance Depar ment. \) I ~7 I Secretary to the Goyernment ~f West Bengal I

Government of West Bengal Finance Department Audit Branch NABANNA,Howrah-711102. No.5302-F(Y) Howrah, the 5th October, 2016 MEMORANDUM Sub: e-Procurement - linking of Bank Account of PSUs/Local Bodies etc. with ICICI Payment Gateway. . Procedure for online receipt and refund of EMD of e-procurement through State Government e-procurement portal using the ICICI Bank Payment Gateway has been laid down in Finance Department Memorandum No.3975-FM, dated 28.07.2016. It has been found that some State PSUs/ Autonomous Bodies/Local Bodiee/Pkls /parastatals have not yet linked their Bank Account with the ICICI Bank Payment Gateway which is required for proper implementation of the procedure for online receipt/refund/settlement of and EMD/tender fees for the e-tenders of such institutions. All Departments are hereby requested to issue necessary instruction to the State PSUs/ Autonomous Bodies/Local Bodiea/Pfclsyparastatals under their administrative control to immediately provide the information as per the enclosed format to the e-mail IDs [email protected] and/or paul.mathai @nic.in. Sd/- P.A.Siddiqui Secretary to the Government of West Bengal Contd p/2

-2- No.53021l(500)-F(Y) Dated, the 4thOctober, 2016 Copy forwarded for information and necessary action to : 01) The Principal Accountant General (A&E) West Bengal, Treasury Buildings, 2, Govt. Place West, Kolkata-700001. 02) The Principal Accountant General (Audit) West Bengal, Treasury Buildings, 2, Govt. Place West, Kolkata-700001. 03) Accountant General(Receipt Works & Local Bodies Audit), West Bengal, CGO Complex, 3 rd MSO Building, 5thfloor, Block DF, Sector I, Salt Lake, Kolkata -700064. 04) The Chief Secretary to the Government of West Bengal 05) Resident Commissioner, Government of West Bengal, A/2, State Emporia Buildings, Baba Khadak Singh Marg, New Delhi-I 10001 06) Additional Chief Secretary/Principal Secretary/Secretary, . _ 07) Commissioner, ~Division'__ _ 08) Special Secretary/Additional Secretary/Joint Secretary/Deputy Secretary, Finance Department 09) Department/Dte. 10) Director of Treasuries & Accounts, West Bengal, New India Assurance Building, 4, Lyons Range, Kolkata-70000 1. 11) Director, 12) The District Magistrate/District Judge/ Supdt. of Police, 13) The Pay & Accounts Officer, Kolkata Pay & Accounts Office-I, 81/2/2, Phears Lane, Kolkata- 700012. 14) The Pay & Accounts Officer, Kolkata Pay & Accounts Office-Il, Johar Building, P-l, Hyde Lane, Kolkata-700 073. 15) The »< & Accounts Officer, Kolkata Pay & Accounts Office-Ill, arket, l"floor, Block-IB, Salt Lake, Sector-ill, Kolkata-700106. Sri Sumit Mitra, Network Administrator, Finance (Budget) Department. He is requested to upload copy of this order in the website of Finance Department 17) The Treasury Officer _ 18) Group --..-:/. _ Branch, Finance Department Deputy Secre ry to the Government of West Bengal. D:\Sandips\Allotment of fund/S302-F(YI

GOVERNMENT OF WEST BENGAL Finance [Audit]Department, "NABANNA" 10th floor Mandirtala, Howrah - 711 102 No.:5688-F(Y) Dated, Howrah the 3rd November, 2016. MEMORANDUM Sub: Procedure for Transfer of EMD received online through the e-tender portal to the Security Deposit Head of Account maintained at the Treasury/PAO. Finance Department vide G.O. No. 3975-F(Y) dated 28.08.2016 has detailed the procedure of accounting of EMD money of the successful bidders through e-Tender portal of the Government of West Bengal. But after abolition of LOC system Security Deposit Account of the Works/Forest Departments is maintained at the treasuries vide G.O. No. 3292-F(Y) dated 24.04.2015. Now the question arises as how the EMD money shall be transferred to the Security Deposit Account maintained at the treasury and how the refund shall be made to the contractors/ suppliers on successful completion of the intended work. The matter was under active consideration of the Government for sometime time past and the Governor is pleased to prescribe the following procedure for the same. 1) The Departmental Officer of the department inviting tender shall submit the bill through the regular DDO of the establishment for transfer of fund into Security Deposit Account maintained at the Treasury/PAO. The sanction order for such shall be made by the Departmental Officer in whose favour deposit was made. 2) The bill shall be submitted at the Treasury/PAO where the Security Deposit Account exists and through the regular DDO already transacting business with the Treasury/PxO in TR Form No. 42 through e-Billing module ofIFMS under the Head of Account '8443-00-103-001-23' for transfer of fund to the Security Deposit Account (Under head of account '8443-00-108-004-07- Works Security Deposit or '8443-00- 109-003-07-Forest Security Deposit') following the procedure detailed in G.O. No. 1611-F(Y)dated 18.03.2016. 3) DDO shall ensure the Operator Code and Scheme ID assigned by the Treasury /PAO while preparing the transfer bill through e-Billing module. 4) After successful completion of the work, DDO shall prepare the refund of Security Deposit Bill in TR Form No. 70C through e-Billing module of IFMS under the Head of Account '8443-00-108-004-23-Works Security Deposit' or '8443-00-109-003-23- Forest Security Deposit', as the case may be, following the usual procedure. 5) In case after transferring the fund from EMD account head to Security Deposit Account, any amount of Security Deposit or part thereof is required to be forfeited due to terms of the tender of any other reasons, such may be transferred to the appropriate revenue head of the government in TR Form No.70C accompanied by TR7A challan through e-Billing module of IFMS. 6) Payment from the head of EMD and receipt into the Security Deposit Account shall be reflected in the Plus-Minus Memo of the concerned Treasury/PAO accordingly. Jay / 5688-F(H)Mandatory Publication Sdi - P. A. Siddiqui Secretary to the Government of West Bengal

-:: 2::- No.S688//1 (SOO)-F(Y) Dated, the 3 rd November, 2016 Copy forwarded for information and necessary to :- 01) The Principal Accountant General (A&E) West Bengal, Treasury Buildings, Kolkata- 1. 02) The Principal Accountant General (Audit) West Bengal, Treasury Buildings, Kolkata- 1. 03) The Additional ChiefSecretarylPrincipal Secretary/Secretary, _ 04) The Pay & Accounts Officer, Kolkata Pay & Accounts Office-I, 81/2/2, Phears Lane, Kolkata- 700012. 05) The Pay & Accounts Officer, Kolkata Pay & Accounts Office-Il, P-l, Hyde Lane, Kolkata - 700 073. 06) All Special SecretaryIJoint Secretary/Deputy Secretary/Assistant Secretary/O.S.D./Registrar of this Department 07) The Deputy Secretary, Finance Department, Accounts Branch, Nabanna, Howrah 08) The Accounts Officer, West Bengal Secretariat, Bikash Bhavan, Salt Lake, Kolkata-91 09) The District Magistrate/Judge ------ 10) The Sub-Divisional Officer, -------------------------- 11) The Treasury Officer, ----------------------------- 12) The Commissioner, 13) The Superintendent of Police, _ 14) The Pr. Industrial Training Institute, --------------------- 15) The Superintending EngineerlExe. Engineer, ----------------- 16) )11 Groups/Cells/Branches of this Department ~ Sri Sum it Mitra, Network Administrator Finance(Budget) Department He is requested to upload copy of this order in the website of Finance Department Sandip/5688F( Y)NOTlFJCA TION

Government of West Bengal Finance Department Audit Branch No.925- F(Y) Dated, the 14thof February, 2017 MEMORANDUM Sub: Revised norms for acceptance of Lt / Ht bid / Single bid when the no. of qualified bidders during 2 nd call is less than 3 As per FD Memo No. 9754-F(Y) dated 03.12.2012, if the response to Tender (including e-Tender) is less than three (3), then Tender is invited afresh in terms of note 1 below rule 47(8) of West Bengal Financial Rules as amended by this department Notification no. 5400-FCY) dt. 25.6.2012. The Tender Notice and Re-Tender notice, if any, is required to be published in widely circulated dailies and also through e-Tender portal in case of e-Tender/e-Auction. Prior to invitation of Tender/Auction the eligibility criteria and other terms & conditions are required to be prepared carefully by the Tender Inviting Authority. However, in case of 2 nd call, if any, the eligibility criteria and other terms & conditions as contained in the first 'Notice Inviting Tender' are required to be reviewed by the Tender Inviting Authority to ascertain whetheri. It was too much restrictive, say, specifications and qualifications were fixed at higher standard than required, ii. Advertisements in the widely circulated Newspapers were properly published and iii. Other related procedural matters were observed in its entirety. However, it has been observed that in many cases the above provisions and procedures of reviewing the eligibility criteria and wide publication of the NIT for tender/2nd call are not being properly observed by the Tender Inviting Authority and the departments. Also, in some cases, extending the time for submission of bids after the expiry of normal time is regarded as equivalent to re-tender or fresh tender. Under such circumstances, in partial modification of this Department Memorandum No. 9754-F(Y) dated 03.12.2012 and the related orders issued in this regard, the following provisions regarding extension of last date of submission of bids and acceptance of bids when the nos. of qualified bidders during re-tender is less than three (3) are to be followed: I. Extension of date: a. The tender process shall be initiated well in advance keeping in mind that there may be a situation for extension of last dates and/or re-tender. b. Last date of submission may be extended if the notice of extension is issued within the life of the tender period. c. After expiry of the Tender period date cannot be extended, however re-tender may be invited. d. Extension of date cannot be treated as 2 nd or subsequent Call. A. If the estimate is less than 5 lakhs : 11. If the number of qualified bidders during tender /re-tender/re-Auction is less than 3 :- The Tender Inviting Authority (TIA) shall take a decision based on following situations - Case 1: If the no. of qualified bidder is 1 during retender, the Departmental Head Secretary may accept the tender in consultation with the FA of the Department. Case 2: If the no. of qualified bidder is 2 during retender, The Tender Inviting Authorit may accept the tender on recommendation of the Tender Committee.

B. If the estimate is equal to or more than 5 lakhs but not more than One Crore: Case 1: If the no. of qualified bidder is one during retender : i) [f the Bid is within 2% above the Estimate, the Departmental Head / Secretary In! accept the tender in consultation with the FA of the Department on recommendatic of the Departmental Tender Committee ii) lf the Bid is beyond 2% above the Estimate, the Departmental Head / Secretary, consultation with the FA of the Department will refer the file to the Finane Department. Case 2 : If the no. of qualified bidder is two during retender : i) If the Bid is within 2% above the Estimate, the Tender Inviting Authority rna accept the tender on recommendation of the Tender Committee. ii) If the Bid is more than 2% but less than 5% above the Estimate, the Department Head / Secretary may accept the tender 'in consultation with the FA of tl: Department on recommendation of the Departmental Tender Committee iii) If the Bid is more than 5% above the Estimate, the Departmental Head / Secretarj in consultation with the FA of the Department will refer the file to the Financ Department for approval. C. If the estimate is more than one Crore : The Departmental Head / Secretary, in consultation with the FA of the Department an Departmental Tender Committee will refer the file to the Finance Department However, in all such cases at A, Band C above, the following procedure is to be observed: 1) In case the tender is to be accepted by the Head of the Administrative Department Secretary, the TIA will forward the case along with the duly filled up Forma (Annexure-I) and necessary documents to the Head of the Administrative Department The Head of the Administrative Department, in consultation with the FA of th: Department on recommendation from the Departmental Tender Committee, will take th. decision and accord approval at his level. 2) If the case is to be referred to Finance Department through the Head of th: Administrative Department / Secretary, the TIA will forward the case along with th: duly filled up Format (Annexure-I) and necessary documents to the Head of th: Administrative Department. The Head of the Administrative Department, ir consultation with the FA of the Department on recommendation from the Departmenta Tender Committee, will forward the file to the Finance Department along with necessarj justifications. 3) All the administrative Departments may constitute a Departmental Tender Committee if not already done, for doing the above noted work. This order takes effect from 15.02.2017. ~ Principal S~1e Government of West Bengal

No.925-F(Y) Dated, the ·14th of February, 2017 Copy forwarded for information and necessary action to: 1. Principal Accountant General (A&E), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 2. Principal Accountant General (Audit), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 3. Accountant General (Receipt Works & Local Bodies Audit), West Bengal, CGO Complex, 3 rd MSO Building, 5 th Floor, Block DF, Sector I, Salt Lake, Kolkata - 700064. 4. Additional Chief Secretary / Principal Secretary / Secretary, _ Department. He is requested to circulate the same to all Autonomous and statutory bodies / Local Bodies/P5Us/parastatals, etcunder his administrative control. 5. Special Secretary/Additional Secretary/Commissioner/Joint Secretary/Deputy Secretary, Finance Department. 6. 7. Commissioner, Division, _ _____________________ -'--_ Department. 8. Director, _ 9. Director of Treasuries & Accounts, West Bengal, Mitra Building, 8, Lyons Range, 3 rd Floor, Kolkata - 70000l. 10. District Magistrate / District Judge j Commissionerof Police/ Superintendent of Police _ 11. Sub-Divisional Officer, _ 12. Block Development Officer, _ 13. Pay & Accounts Officer, Kolkata Pay & Accounts Office-I, 81/2/2, Phears Lane, Kolkata - 700012. 14. Pay & Accounts Officer, Kolkata Pay & Accounts Office-II, P-1, Hyde Lane, Kolkata - 700073. 15. Pay & Accounts Officer, Kolkata Pay & Accounts Office-Ill, IB Market, 1 st Floor, Block IB, Sector Ill, Salt Lake, Kolkata - 700106. 16. Treasury Officer, _ 17. Group __ / Branch, Finance Department. 18. Sri Sumit Mitra, Network Administrator, Finance (Budget) Department. He is requested to upload copy of this order in the website of Finance Department. ASSista~::e Government of West Bengal

Estimated amount Amount put to tender In case of First Call Eligibility Criteria (Technical) Eligibility Criteria (Financial) Details of Publications of NIT Date of NIT: Last Date of submission of bid: Names of Newspapers in which publicity was made: Whether e-Tender : Nos. of Bidders Responded Nos.ofTechnically Qualified Bidders In case of 2 na Call RevisedEligibility Criteria (Technical) RevisedEligibility Criteria (Financial) Details of Publications of NIT Date of NIT: Last Date of submission of bid: Names of Newspapers in which publicity was made: Whether e-Tender: Nos. of Bidders Responded Nos. ofTechnically Qualified Bidders Details of Financial Bids received Whether and by what % is the L1 bid is - a. Below the amount put to tender b. at par the amount put to tender c. beyond the amount-put to tender d. Reasonable market rates Specific Comments of TIA with reasons justifying and recommending the acceptance of Ll bid from less than three (3) bidders Specific Recommendation of the FA In caseof (a) & (b) recommendation of Head of the Administrative Department Annexure I

No. 2~9 s. -F(Y) Government of West Bengal Fin~nce Department Audit Branch ! Date: ~ 1. OLt . '1, MEMORANDUM Sub: e-Tender: Selection of numbers of authorised officers Of late it is being observed that the State Government offices are facing difficulties in processing eTenders due to transfer, retirement, ete. of one or more of the members of the Tender Committee of the Departments / offices. The problem arises due to technical restriction in the e-Procurement I portal which allows only the officers who up loaded the e-tender to evaluate/open that particular tender. If due to any reason an officer ceases to be in the post due to transfer, retirement, ete. after I an e-tender was floated, the new officer inspite of having joined the post and having a DSC, is not able to take part in the tender evaluation process of the e-tender already uploaded as a result of which the tender process gets stalled. In order to minimize such interruptions in the tender evaluation process due to non availability of any officer on the date of opening of an rtender, all Tender Committees are hereby advised to upload the e-tender document by using 3 or 4 members DSCby selecting either (a) 2 of 4 or (b) 2 of 3 out of the options available in the e-Procurement portal. I However, the officer who has joined in place of any existing member shall be required to sign on the physical papers wherever required as newly inducted member of tender committee. Secretary to the Government of West Bengal

No. 2592/1(500) -F(Y) Date: 27/04/2017 Copy forwarded for information and necessary action to: 1. Principal Accountant General (A&E)1 West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 2. Principal Accountant General (Audit), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 3. Accountant General (Receipt Works & Local Bodies Audit), West Bengal, CGO Complex, 3 rd MSO Building, s" Floor, Block DF, Sector I, Salt Lake, Kolkata - 700064. 4. Additional Chief Secretary / Principal Secretary / Secretary, Department. He is requested to circulate this Memo among all Local Bodies/Statutory Bodies/PSUs/ Parastatals, etc under the administrative control of his department. 5. Special Secretary/Additional Secretary/Commissioner/Joint Secretary/Deputy Secretary, Finance Department. 6. 7. Commissioner, Division, _ ________________________ Department. 8. Director, _ 9. Director of Treasuries & Accounts, West Bengal, Mitra Building, 8, Lyons Range, 3 rd Floor, Kolkata - 700001. 10. District Magistrate / District Judge / Superintendent of Police, _ 11. Sub-Divisional Officer, _ 12. Block Development Officer, _ 13. Pay & Accounts Officer, Kolkata Pay & Accounts Office-I, 81/2/2, Phears Lane, Kolkata - 700012. 14. Pay & Accounts Officer, Kolkata Pay & Accounts Office-II, P-1, Hyde Lane, Kolkata - 700073. IS. Pay & Accounts Officer, Kolkata Pay & Accounts Office-Ill, IB Market, 1 st Floor, Block IB, Sector Ill, Salt Lake, Kolkata - 700106. 16. Treasury Officer, _ 17. Group __ / Branch, Finance Department. 18. Sri Sumit Mitra, Network Administrator, Finance (Budget) Department. He is requested to upload copy of this order in the website of Finance Department. Assistant retary to the Government of West Bengal

Government of West Bengal Finance Department Audit Branch Dated, 13/~ July, 2017 NOTlFICA TlON Sub: Amendment of Rule 47(9)(b) of WBFR, Vol.-I consequent upon introduction of GST Act,2017 The Goods and Service Tax (GST) has been rolled out with effect from I" July,2017 throughout the country including the state of West Bengal. Consequent upon introduction of the GST Act 2017, Indirect Taxes of the State Government like the West Bengal Value Added Tax (WBVAT), Central Sales Tax (CTS), Entry Tax, Entertainment - cum - Amusement Tax etc have been subsumed into GST with effect from 01.07.2017. Under the circumstances, it has been felt necessary to make the following amendment West Bengal Financial Rules, Vol. I in partial modification of Notification No. 5400-F(Y), dt.25.06.2012 and subsequent orders issued thereafter. Rule 47(9)(b) of WBFR, Vol.-I is substituted with the following provisions: "Rule 47 (9) (b): "Tax invoice(s) needs to be issued by the supplier for raising claim under the contract showing separately the tax charged in accordance with the provisions of GST Act, 2017." I. Bidders shall submit copy of • Valid PAN issued by the IT Deptt., Govt. of India • Valid IS-digit Goods and Services Taxpayer Identification Number (GSTIN) under GST Act, 2017 ii. The following clause shall be included in all the contracts to be executed for (a) procurement of goods and services and (b) works-related contract involving supply of goods and services by contractor: This order will be applicable to all the tenders invited for (a) procurement of goods and services and (b) works-related contract involving supply of goods and services by contractor, including procurement under Rule 47C. This order shall be deemed to have taken effect from 01.07.2017. Formal amendment to Rule 47(9) (b) ibid will be made in due course. This order supersedes all previous orders issued in this context. By orderOft::r, (H.K.Dwivedi) ~ Principal Secretary to the Government of West Bengal. (Ref.HA2/T-695/17-18/ /FA/O/2M/71/14 Pt.-I)

No. 4374/1(200) -F(Y) Date: 13/07/2017 Copy forwarded for information and necessary action to: l. Principal Accountant General (A&E), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 2. Principal Accountant General (Audit), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 3. Accountant General (Receipt Works & Local Bodies Audit), West Bengal, CGO Complex, 3 rd MSO Building, 5 th Floor, Block DF,Sector I, Salt Lake, Kolkata - 700064. 4. Additional Chief Secretary / Principal Secretary / Secretary, Department. He is requested to circulate the same to all Directorates / Regional Offices / Societies / PSUs / Statutory Organisations / autonomous Bodies / Parastatals under the administrative control of his Department. 5. Special Secretary/Additional Secretary/Commissioner/Joint Secretary/Deputy Secretary, Finance Department. 6. 7. Commissioner, Division, _ _______________________ Department. 8. Director, _ 9. Director of Treasuries & Accounts, West Bengal, Mitra Building, 8, Lyons Range, 3 rd Floor, Kolkata - 700001. 10. District Magistrate / District Judge / Superintendent of Police, _ 11. Sub-Divisional Officer, -- __ ---- _ 12. Block Development Officer, ---.,- _ 13. Pay & Accounts Officer, Kolkata Pay & Accounts Office-I, 81/2/2, Phears Lane, Kolkata - 700012. 14. Pay & Accounts Officer, Kolkata Pay & Accounts Office-II, P-1, Hyde Lane, Kolkata - 700073. 15. Pay & Accounts Officer, Kolkata Pay & Accounts Office-Ill, IB Market, 1 st Floor, Block IB, Sector Ill, Salt Lake, Kolkata - 700106. 16. Treasury Officer, _ 17. Group __ / Branch, Finance Department. 18. Sri Sumit Mitra, Network Administrator, Finance (Budget) Department. He is requested to upload copy of this order in the website of Finance Department. Assista cretary to the Government of West Bengal

Government of West Bengal Finance Department Audit Branch No.4378-F(Y) Dated, the is" July, 2017 MEMORANDUM Revised provisions regarding extension of last date for submission of bids and acceptance of bids when the number of qualified bidders during re-tender is less than three has been laid down in FD Memorandum No. 92S-F(Y) dated 14.02.2017. But in spite of clear stipulation in the said Order that extension of date cannot be treated as 2 nd or subsequent call, references are being received requesting to treat extension of last date for submission of bids as 2 nd or subsequent call. It is hereby reiterated that extension of last date of submission of bids cannot be treated as 2nd or subsequent call of a tender. Also, information on (Minimum period for submission of tender from the last date of publication' should be furnished in Annexure-I of Memorandum No. 925-F(Y) dated 14.02.2017 instead of information on (Last date of submission of bid'. Further, recommendation of the Head of the Administrative Department should be furnished in Annexure-I of Memorandum No. 92S-F(Y) dated 14.02.2017 instead of furnishing the recommendation only for the re-tenders with Ll bid below or at par with the amount put to tender. The revised Annexure-I of Memorandum No. 92S-F(Y) dated 14.02.2017 is enclosed with this Order. NO.4378 (1/S00)-F(Y) Dated, the is" of July, 2017 Copy forwarded for information and necessary action to: 1. Principal Accountant General (A&E), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 2. Principal Accountant General (Audit), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001.

3. Accountant General (Receipt Works & Local Bodies Audit}, West Bengal, CGO Complex, 3 rd MSO Building, 5 th Floor, Block DF, Sector I, Salt Lake, Kolkata - 700064. 4. Additional Chief Secretary / Principal Secretary / Secretary, ___________ Department. He is requested to circulate the same to all Autonomous and statutory bodies / Local Bodies/PSUs/parastatals, etc under his administrative control. 5. Special Secretary/Additional Secretary/Commissioner/Joint Secretary/Deputy Secretary, Finance Department. 6. 7. Commissioner, Division, _______________________ Department. 8. Director, 9. Director of Treasuries & Accounts, West Bengal, Mitra Building, 8, Lyons Range, 3 rd Floor, Kolkata - 700001. 10. District Magistrate / District Judge / Commissioner of Police / Superintendent of Police --- 11. Sub-Divisional Officer, 12. Block Development Officer, _ 13. Pay & Accounts Officer, Kolkata Pay & Accounts Office-I, 81/2/2, Phears Lane, Kolkata - 700012. 14. Pay & Accounts Officer, Kolkata Pay & Accounts Office-II, P-l, Hyde Lane, Kolkata - 700073. 15. Pay & Accounts Officer, Kolkata Pay & Accounts Office-Ill, IB Market, 1 st Floor, Block IB, Sector Ill, Salt Lake, Kolkata - 700106. 16. Treasury Officer, _ 17. Group __ / Branch, Finance Department. 18. Sri Sumit Mitra, Network Administrator, Finance (Budget) Department. He is requested to upload copy of this order in the website of Finance Department. ~~ AssWcretary to the Government of West Bengal

Annexure I Estimated amount Amount put to tender In case of First Call Eligibility Criteria (Technical) Eligibility Criteria (Financial) Details of Publications of NIT Date of NIT: Minimum Period for submission of tender from the last date of publication: Names of newspapers in which publicity was made: Whether e-Tender: No. of bidders responded No. of technically qualified bidders In case of 2nd Call Revised Eligibility Criteria (Technical) Revised Eligibility Criteria (Financial) Details of Publications of NIT Date of NIT: Minimum Period for submission of tender from the last date of publication: Names of newspapers in which publicity was made: Whether e-Tender: No. of bidders responded No. of technically qualified bidders Details of Financial Bids received Whether and by what % is the Ll bid is: a. Below the amount put to tender b. At par with the amount put to tender c. Beyond the amount put to tender d. Reasonable market rates Specific comments of TIA with reasons justifying and recommending acceptance of Ll bid from less than three (3) bidders Specific recommendation of the FA Recommendation of the Head of the Administrative Department

GOVERNMENT OF WEST BENGAL Finance Department Audit Branch No. SOSO-F(Y) Dated 16.08.2017 NOTIFICATION Subject: Clarification/Guidelines regarding issues pertaining to Contracts awarded by the State Government Departments/local authorities/statutory bodies/ PSUsunder Government of West Bengal due to the introduction of GST i.e. 1 st July 2017. With the introduction of GST, different Departments have sought clarifications on modalities of treatment of pending bills of different contracts in the pre-GST regime. Departments have also sought clarifications with regard to projects which have been approved prior/post to the introduction of GSTon 1st July 2017. 2. Now, the following guidelines have to be followed by the Departments/local authorities/statutory bodies/PSUs under Government of West Bengal with respect to treatment of work contracts and supplies in the pre-GST and post-GST regime for: 1. Pre-GSTcontracts for supply of goods; 2. Pre-GSTcontracts for supply services; 3. Pre-GSTworks contracts; 4. Post-GSTcontracts for supply of goods or services or both. 3. Pre-GST contracts: i. With regard to supply of only goods the following procedure is to be followed: SI. Situation Mode of Treatment a. Goods supplied before 1st July 2017 While making payment to the supplier and invoice/bill also raised before on or after 1st July 2017: 1 st July 2017, but payment is made • VAT will be applicable and not GST on or after i'' July 2017 • No TCS under WBVAT Act, 2003 is to be deducted b. Goods supplied before 1st July WBGST and CGST rates will be 2017 and invoice/bill raised on or applicable. after 1st July 2017 c. Goods supplied on or after 1st July WBGST and CGST rates will be 2017 and invoice/bill raised on or applicable. after 1st July 2017 1

~ ii. With regard to supply of only services (eg: Consultancy, Security Services, Cleaning, etc ) the following procedure is to be followed' SI. Situation Mode of Treatment a. Services supplied before 1st July 2017 Service Tax is applicable. and invoice/bill also raised before 1st July 2017, but payment is made on or after IstJuly 2017 b. Services supplied before 1st July 2017 Service Tax is not applicable. and invoice/bill raised on or after 1st July 2017 within 30 days from supply of service c. Services supplied before 1st July 2017 Service Tax is applicable .. and invoice/bill raised on or after 1st July 2017 after expiry of 30 days from supply of service d. Services supplied on or after 1st July WBGST and CGST rates will be 2017 and invoice/bill raised on or after applicable. 1st July 2017 iii. With regard to works contracts (eg: roads, buildings, etc.) where the supply is of both goods and services: SI. Situation Mode of Treatment a. Works Contracts executed and VAT is applicable. completed before 1st July 2017 and Service Tax is applicable. invoice/bill also raised before 1st July 2017, but payment is made on or after 1stJuly 2017 b. Works Contracts executed and VAT is applicable. completed before 1st July 2017 and Service Tax is not applicable. invoice/bill raised on or after 1st July 2017 by the contractor within 30 days after completing such contract c. Works Contracts executed and VAT is applicable. completed before 1st July 2017 and Service Tax is applicable. invoice/bill raised on or after 1st July 2017 by the contractor after expiry of 30 days after completing such contract d. Works Contracts executed on or after WBGST and CGST rates will be 1st July 2017 and invoice/bill raised on applicable. or after 1st July 2017 2

~ iv. When invoices/bills are to be raised by the contractor/supplier, the value of the bill together with the applicable tax under GST (i.e. WBSGST + CGST in case of local purchase from within the State) should not exceed the value that such contractor/supplier would have billed for prior to 1st July, 2017 inclusive of VAT and Service Tax, if any. For instance, say, as per pre-GST contract agreement (which was inclusive of VAT and service tax, if any) the value of the project is Rs.100000/-, the bill/RA bill under GSTwill arrive at the taxable value in accordance with the formula below: Taxable value = (Value inclusive of taxes) X 100 / (100+ sum of CGST& SGSTtax rates) So here, the project value (excluding tax), with, lets say, a GST rate of 6% CGSTand 6% SGST,will be = 100000 X 100/112= 89285.70/- Thus the bill will be raised as follows: Rs. Project value (excluding tax) 89285.70 Add: CGST@ 6% 5357.15 Add: SGST@ 6% 5357.15 Total 100000.00 It is clarified that under no circumstances will there be a revision of any contractual values in the contract due to impact of change in tax rate(s), if any, from VAT/Service Tax to GST. 4. Post-GST contracts: i. With regard to post-GST contracts or ongoing projects where estimates have been approved before 1st July 2017 i.e. those work orders given/to be given for supply of goods or services or both (works contracts), GST rates will be applicable. In other words, the supplier of goods/services/both has to pay WBGST and CGST on all taxable goods/services. ii. Under the West Bengal Value Added Tax Act 2003, "works contract" covered both moveable and immoveable property, whereas, "works contract" under GST is restricted only to immovable property. 3

In GST, works involving supply of taxable goods along with labour to any moveable property (e.g. servicing of motor vehicle with motor parts, AMC contract for computers or AC machines or generator, repair of furniture, etc) has been referred to as "composite supply" as the supply of goods and labour are naturally bundled and made in conjunction with each other. The rate of tax for a "cornposite supply" will be that of the principal supply. In other words, the pre-dominant nature of the contract will be the deciding factor. The principal supply can either be of service or goods. For instance, in the case of servicing of motor vehicles or AMC contracts the principal supply is service and the rate of tax on service shall be applicable. On the other hand, where a contract is for supply-cum-installation of AC machine, then here the principal supply will be AC machine and the rate of tax of the AC machine will be applicable. iii. No TDS under GSTis to be deducted till Section 51 (i.e. the Section relating to TDS) of the WBGST/CGSTAct is notified and made operative. 5. Difficulty, if any, in the implementation of the above instructions may be brought to the notice of the Finance Department. sd/- (H.K. Dwivedi, IAS) Principal Secretary to the Government of West Bengal No. SOSO/l(SOO)-F(Y) Dated 16.08.2017 Copy forwarded for information and necessary action to: 1. Principal Accountant General (A&E), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 2. Principal Accountant General (Audit), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 3. Accountant General (Receipt Works & Local Bodies Audit), West Bengal, CGO Complex, 3rd MSO Building, s" Floor, Block OF,Sector I, Salt Lake, Kol ., 700064. 4. Additional Chief Secretary/Principal Secretary/ Secretary, _ Department. He is requested to forward this to all Local Bodies/Statutory Bodies/PSUs and other parastatals under the administrative control of his Department. 5. Special Secretary/Additional Secretary/Commissioner / Joint Secretary/Deputy Secretary, Finance Department. 6. 7. Commissioner, Division, _ _______________________ Department. 4

" 8. Director, _ 9. Director of Treasuries & Accounts, West Bengal, Mitra Building, 8, Lyons Range, 3 rd Floor, Kolkata - 700001. 10.District Magistrate / District Judge / Superintendent of Police, _ l1.Sub-Divisional Officer, _ 12.Block Development Officer, _ 13.Pay & Accounts Officer, Kolkata Pay & Accounts Office-l, 81/2/2, Phears lane, Kolkata -700012. 14.Pay & Accounts Officer, Kolkata Pay & Accounts Office-II, P-l, Hyde lane, Kolkata -700073. IS.Pay & Accounts Officer, Kolkata Pay & Accounts Office-Ill, IB Market, 1st Floor, Block IB, Sector Ill, Salt Lake, Kolkata - 700106. 16.Treasury Officer, _ 17.Group __ / Branch, Finance Department. 18.Sr. PSto Chief Secretary, Government of West Bengal. 19.5ri Sumit Mitra, Network Administrator, Finance (Budget) Department. He is requested to upload copy of this order in the website of Finance Department. 5

Government of West Bengal Finance Department Audit Branch No. 6989-F(Y) Dated 19th November, 2018 MEMORANDUM Sub: Revised Norms for acceptance of tenders with less than 3 qualified bids on 2nd or subsequent calls The State Government in order to facilitate expeditious implementation of development and welfare programmes of the State Government, the Finance Department introduced the Financial Adviser (FA) System in the year 2012 vide Finance Department Memo. No. 152-FB dated 27.04.2012 through which the Administrative and Financial Powers were decentralised and delegated to the Administrative Departments by incorporating an FA Setup as a specialised integrated branch of Finance Department within each Administrative Department. 2. Now in order to delegate higher financial power for acceptance of tenders with less than 3 qualified bidders in 2nd or subsequent calls, para II B and II C of FD Memo No. 925-F(Y) dated 14.02.2017 is revised as follows: Para II B: Where the delegated power of the Additional Chief Secretary/Principal Secretary/Secretary-inCharge (HoD) for according administrative approval is Rs. 10 crores, the HoD will be able to accept tenders with less than 3 bidders up to Rs 5 crores after verifying all the details as per the checklist (Annexure I) provided with this Memorandum. Similarly, for Departments having delegated financial power for according administrative approval up to Rs. 20 crores, tenders with less than 3 bidders can be accepted by the HoD up to Rs. 10 crores. Para II C: Beyond the limits specified above, the files should be referred to Finance Department for acceptance along with specific recommendations of the FA and HoD in the Annexure I. 3. However, prior to such acceptance of tenders, the HoD shall examine: i. Whether there was sufficient publicity given to the Tender in adequate no. of newspapers having appropriate territorial coverage and readership, Departmental Website (if any) and eTender Portal; II. Whether the EMD was received online through the e-Tender Portal; 111. Whether the minimum mandatory period for submission of bids as per Financial Rules was available to bidders from the date of publication in newspapers, Departmental Website (if any) and e-Tender Portal; IV. Whether the Tender Inviting Authority (TIA) has provided sufficient reasons justifying and recommending acceptance of the selected bid and finds the quoted rate reasonable; v. Whether the Technical Criteria were reviewed and revised by the TlA, if necessary, before 2nd or subsequent calls of the Tender; VI. Whether the Eligibility Criteria like Minimum Average Annual Turnover, Net Worth, Packages Tendered, Credentials, etc. did not restrict fair competition among the prospective bidders; VII. Whether in case of Non-Schedule Item(s) market rates have been suitable assessed by the TIA to ascertain reasonability of quoted rate(s); VIII. Whether the Departmental Tender Committee has examined the Tender and recommended acceptance and found the quoted rate reasonable; IX. Whether the Financial Adviser Setup has recommended acceptance or re-tender; x. Any other aspects and factors as required and deemed fit. 4. Accordingly, Annexure-I ofFD Memo No. 925-F(Y) dated 14.02.2017 as revised vide FD Memo No. 4378-F(Y) dated 13.07.2017 has been suitably modified and enclosed herewith. 5. This order comes into operation with immediate effect. (H.K L.Dwi~ Additional Chief Secretary to the Government of West Bengal

Annexure-I: Checklist for Accepting tenders with less than 3 bids on 2nd or subsequent calls h FD Memo No. 6989-F(Y) dated 191 November, 2018 Estimated amount Amount put to tender In case of First Call Eligibility Criteria (Technical) (For procurement of services under QCBS/CQCCBS methods the details of marks, weightage, etc. are to be mentioned) Eligibility Criteria (Financial) (For procurement of services under QCBS/CQCCBS methods the details of marks, weightage, etc. are to be mentioned) Details of Publications of NIT Date of NIT: Minimum Period for submission of tender as per 7/14121/ .................... Rules: Minimum Period for submission actually allowed: No. of Newspapers where publication is to be made 1/2/3 as per Rules: Names of Newspapers in which publicity was actually made: Whether e-Tender: Yes 1 No Whether Earnest Money has been received online Yes 1 No through e-Procurement Portal (wbtenders.gov.in): If Extension of dates have been done, whether: 1. The period of extension is reasonable as per Yes 1 No rules. 2. Corrigendum Notice has been published in at least one newspaper. Yes 1 No No. of Bidders: 1. Total no. of Bidders who responded: 2. No. of technically qualified Bidders: (For procurement of services under QCBS / CQCCBS methods the details of scores are to be mentioned) In case of 2nd 1 Subsequent Call Whether Technical Criteria were reviewed before inviting 2nd ISubsequent Call to ensure that the eligibility criteria were not restrictive: 1. If yes, whether revised or not: 2. Ifno, why not revised: Revised Eligibility Criteria (Technical) (For procurement of services under QCBS/CQCCBS methods the details of marks, weightage, etc. are to be mentioned) Revised Eligibility Criteria (Financial) (For procurement of services under QCBS/CQCCBS methods the details of marks, weightage, etc. are to be mentioned)

No. of Newspapers where publication is to be made 1/2/3 as per Rules: Details of Publications of NIT Date of NIT: Minimum Period for submission of tender as per Rules: Minimum Period for submission actually allowed: Names of Newspapers in which publicity was actually made: Whether e-Tender: Whether Earnest Money has been received online through e-Procurement Portal (wbtenders.gov.in): If Extension of dates have been done, whether: 1. The period of extension is reasonable as per rules. 2. Corrigendum Notice has been published in at least one newspaper. No. of Bidders: I. Total no. of Bidders who responded: 2. No. of technically qualified Bidders: (For procurement of services under QCBS/CQCCBS methods the details of marks, weightage, etc. are to be mentioned) Details of Financial Bids of only the technically qualified bidders In case of lowest financial bid based tender, whether and by what % the LJ Bid is: 1. Belowl At par with/Beyond the amount put to tender: 2. Below/At par with/Beyond prevalent market rates (for procurement of goods and services): 7114/2I1(Anyother) . Yes I No Yes I No Yes/No Yes I No Specific comments of TIA: I. Reasons justifying and recommending acceptance of LJ bid: 2. Whether the quoted rate is reasonable: Specific recommendation of the Departmental Tender Committee: 1. Views on the submission ofTIA: 2. Whether the Quoted rate is reasonable: Specific recommendation of the FA regarding acceptance/re-tender: Acceptance of the Head of the Administrative Department I Order for Re-tender:

No. 6989/1(500) -F(Y) Date: 19th November, 2018 Copy forwarded for information and necessary action to: 1. Principal Accountant General (A&E), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 70000l. 2. Principal Accountant General (Audit), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 3. Accountant General (Receipt Works & Local Bodies Audit), West Bengal, CGO Complex, 3 rd MSO Building, s" Floor, Block DF, Sector I, Salt Lake, Kolkata - 700064. 4. Additional Chief Secretary / Principal Secretary / Secretary, ___________________________ Department. He is requested to circulate this Memo to all Directorates/Regional Offices/ Societies / PSUs / Statutory Organisations / Autonomous Bodies/Parastatals under the administrative control of his Department. 5. Financial Advisor, Department. 6. Commissioner, Division, _ 7. Director, ,..-- _ 8. Director of Treasuries & Accounts, West Bengal, Mitra Building, 8, Lyons Range, 3'd Floor, Kolkata - 70000l. 9. District Magistrate / District Judge / Superintendent of Police, _ 10. Sub-Divisional Officer, _ 11. Block Development Officer, _ 12. Pay & Accounts Officer, Kolkata Pay & Accounts Office-I, 81/2/2, Phears Lane, Kolkata - 700012. 13. Pay & Accounts Officer, Kolkata Pay & Accounts Office-II, P-1, Hyde Lane, Kolkata - 700073. 14. Pay & Accounts Officer, Kolkata Pay & Accounts Office-III, IB Market, 1st Floor, Block IB, Sector III, Salt Lake, Kolkata - 700106. 15. Treasury Officer, _ 16. Group __ / Branch, Finance Department. 17. Sri Sumit Mitra, Network Administrator, Finance (Budget) Department. He is requested to upload copy of this order in the website of Finance Department. De S retary to the Government of West Bengal

Government of West Bengal Finance Department Audit Branch No. 5696-F(Y) Dated, i" October, 2019 MEMORANDUM The matter of revision of West Bengal Form No. 2911 (Standard Bid Document} applicable for Works of value up to , 25 crore was under active consideration of the Government for some time past. After careful consideration of the matter, a revised West Bengal Form No. 2911, as annexed with this order, is introduced with immediate effect for use in the tenders for works of value upto « 25 crore. Necessary amendment in the West Bengal Financial Rules, Volume I shall be made in due course. Sd/- H.K. Dwivedi Additional Chief Secretary to the Government of West Bengal

.. No.5696/1(500)-F(Y) FA/0/2M/81/18(NB)(Part-I) Dated, 1st October, 2019 Copy forwarded for information and necessary action to: · 1. Principal Accountant General (A&E), West Bengal, Treasury Buildings, 2, Government Place West, Kolkata - 700001. 2. Principal Accountant General (Audit), West Bengal, Treasury Buildings 2, Government Place West, Kolkata - 700001. 3. Accountant General (Receipt Works & Local Bodies Audit), West Bengal, CGO Complex, 3,d MSO Building, 5,h Floor, Block DF, Sector I, Salt Lake, Kolkata - 700064. 4. Additional Chief Secretary / Principal Secretary / Secretary,------------------ ___________________________ Department, Govt of West Bengal. He is requested to circulate this Memo. to all Directorates / Regional Offices / Societies / PSUs / Statutory Organisations / Autonomous Bodies / Parastatals under the administrative control of his department. 5. Special Secretary/ Additional Secretary/ Commissioner/] oint Secretary /Deputy Secretary, Finance Department. 6. Financial Advisor, Department 7. Commissioner,------------------------------ Division. 8. Director _ 9. Director of Treasuries & Accounts, West Bengal, Mitra Building, 8, Lyons Range, 3,d Floor, Kolkata - 700001. 10. District Magistrate/ District Judge/ Superintendent of Police,---------------- 11. Sub-Divisional Officer, _ 12. Block Development Officer, _ 13. Pay & Accounts Officer, Kolkata Pay & Accounts Office-I, 81/2/2, Phears Lane, K.olkata - 700012. 14. Pay & Accounts Officer, Kolkata Pay & Accounts Office-II, P-1, Hyde Lane, Kolkata - 700073. 15. Pay & Accounts Officer, K.olkata Pay & Accounts Office-III, Subhanna, SGO Complex, 5th & 6th Floor, Plot No.9 Block DF, Sector I, Bidhannagar, Kolkata - 700 064. 16. Treasury Officer,----------------------------- 17. Group /------------ Branch, Finance Department. 18. Sri Surnit Mitra, Network Administrator, Finance (Budget) Department. He is requested to upload copy of this order in the website of Finance Department.

Issued to (Bidder): ……………… Postal Address with Contact No. & e-mail ………………….. Price – Free of Cost West Bengal Form No. 2911 Applicable For Works of value up to Rs 25 (Twenty Five) Crore Tender No. _______________, Sl. No. ___________________ of ________ (Year) TENDER AND CONTRACT FOR WORKS GENERAL RULES AND DIRECTIONS FOR GUIDANCE OF BIDDERS/CONTRACTORS (A) Applicable for off-line tenders up to Tender Value of Rs. 5.0 lakh 1. All work proposed for execution by contract will be notified in the form of invitation to tender posted in concerned departmental website, e-procurement portal of the Government of West Bengal (https://wbtenders.gov.in) and to be published in local news paper for wide circulation also in the notice boards at public places signed by the Tender Inviting Authority. This form will state the work to be carried out, the date for submitting and opening of tenders as well as the time allowed for carrying out the work; also the amount of earnest money to be deposited with the tender, the amount of security deposit to be deposited by the successful bidder and the percentage, if any, to be deducted from bills. Copies of the specification, design & drawings and other documents required in connection with the work, signed for the purpose of identification by the Authority inviting Tender shall also be open for inspection by the contractor at the office of the Tender Inviting Authority during Office hours. 2. In the event of the tender being submitted by a firm, it must be signed separately by each member thereof, or, in the event of absence of any of the partners, it must be signed on his/her behalf by a person holding a Power-of-Attorney authorizing him/her to do so. Such power-of-attorney is to be produced with the tender, and in the case of a firm carried on by one member of a joint family; it must disclose that the firm is duly registered under the Indian Partnership Act. 3. Acceptance of measurements entered and bills raised on account of a work, when executed by a firm, must also be signed by the several partners, except where the contractors are described in their tender as a firm in which case the receipts must be signed in the name of the firm by one of the partners or by some other person having authority to give effectual receipt for the firm. 4. Any person who submits a tender shall fill up the usual printed form, stating at what rate he or she is willing to undertake the work. Tenders which propose any alteration in the work specified in the said form of invitation to tender, or in the time allowed for carrying out the work, or which contain any other conditions of any sort, will be liable to rejection. No single tender shall include more than one work, but contractors who wish to tender for two or more works shall submit a separate tender for each. Tenders shall have the name and number of the work to which they refer, written outside the sealed envelopes. 5. The Tender Inviting Authority or his/her duly authorized representative will open tenders in presence of intending contractors/bidders who may be present at the time, and

2 will enter the bid amounts as percentage rates above or below or at par of the tender BOQ of several tenders in a comparative statement in a suitable form. In the event of a tender being accepted, a receipt shall thereupon be given to the contractor/bidder who shall thereupon for the purpose of identification, sign copies of specifications and other documents mentioned in the Rules. In the event of a tender being rejected, the earnest money with such unaccepted tender shall be refunded within 10 days from the date on which the tender is decided, provided the contractor(s) present himself/herself before the Tender Inviting Authority to take the earnest money refund. 6. The accepting authority reserves the right to reject any or all of the tenders without assigning any reasons to the participating bidders and he/she will not be bound to accept either the lowest tender or any of the other tenders. 7. Receipt of an accountant or clerk for any money paid by the contractor/bidder will not be considered as an acknowledgement of payment to the Tender Inviting Authority and the contractor shall be responsible for ensuring that he/she procures a receipt signed by the Tender Inviting Authority, or a duly authorized representative. 8. The Memorandum of work tendered for, and the schedule of materials to be supplied by the executing Department at their supply/issue rates, shall be filled in and completed in the office of the Tender Inviting Authority before the tender form is issued. If a form is issued to an intending bidder/contractor without having been so filled in and completed, he/she shall request the office to have this done before he/she completes and delivers his/her tender. (B) Applicable for e-tenders of value above Rs. 5.0 Lakh 1. All works of tender value above Rs. 5.00 lakh proposed for execution through this contract document are to be notified and published in the form of notice inviting e-tender (e-NIT) in the designated official tender website of Government of West Bengal having URL https://wbtenders.gov.in, and uploaded simultaneously in the URL of concerned Department inviting Tenders. Thus the tender may be seen and downloaded by logging into the “e-procurement” link provided therein, digitally signed by the concerned Tender Inviting Authority and its corresponding abridged notice also published on the same date in the print media. 2. This e-Notice Inviting Tender (e-NIT) will state the work to be carried out, the date for encrypting ( submitting) and decrypting (opening) of e-tenders, the time allowed for carrying out the work; amount of earnest money to be deposited with the e-tender; procedure for submission of EMD, amount of security to be furnished by the successful bidder/contractor, security/ performance security to be deducted from running account bills, copies of specifications, Bill of Quantities, design and drawings and any other document required in connection with the work, digitally signed for the purpose of identification by the Tender Inviting Authority. 3. Intending contractors/bidders are required to download the e-tender documents directly from the website stated above. Tender is required to be submitted online by the intending bidders by authorized e-Tokens provided as DSC. This is the only mode of esubmission of tender and document(s). All information posted in the website consisting of e-NIT, WB Form No. 2911, Tender Bill of Quantities (BOQ), corrigenda notices and drawings etc., if any, shall form part of the Contract. Details of procedure of submission have been explained under “General Terms & Conditions” and Annexure attached with the notice of e-tender (e-NIT). 4. All the documents uploaded by the Tender Inviting Authority forms an integral part of the tender contract/agreement. Contractors/bidders are required to upload the entire set of tender documents along with other related documents as asked for in the e-tender through the above website(s) within the stipulated date and time as given in the e-NIT. Tenders are to be submitted in two folders at a time for each work, one being the ‘Technical Bid’ and the other ‘Financial Bid’. The contractor/ bidder shall carefully go through all the documents and prepare to upload the scanned documents in Portable Document Format (PDF) in the designated link in the web portal as their Technical Bid. He/she needs to fill up the rates of items/percentage in the BOQ downloaded for the work in the designated cell and upload the same again in the designated link in the portal as their Financial Bid. Documents uploaded are virus scanned and digitally signed using the Digital Signature Certificate (DSC). Contractors/bidders should especially take note of all

3 the addenda and corrigenda related to the e-tender and upload all of these documents also as a part of their tender document. 5. Documents uploaded by the contractors/bidders with all information & rates comprising Technical and Financial bids cannot be changed after last/end date for submission of the e-tender. 6. Deed of Consortium/Partnership Firm, and documents of their registration in the form of certified copy of ‘Form No. VIII,’ issued under the Indian Partnership Act, 1932 (Act-IX of 1932), GST, & PAN (Permanent Account Number) as per RBI guidelines/above Rs. 50,000/- may be compulsorily furnished for all contracts and all other statutory clearances defined in the e-NIT. 7. The tender evaluation and accepting authorities reserve the right to reject any or all of the tenders without assigning any reasons and he/she will not be bound to accept either the lowest tender or any of the tenders. 8. Withdrawal of e-Tender once the bid has been submitted online and after passing of end date for submission which has been accepted for further processing is not allowed. EMD will be forfeited by the Government and the bidder/contractor penalized in terms of provisions in the notice of the tender. 9. Generally Bids will be valid for 120 days from the date of opening of the financial proposal. However, extension of bid validity may be suitably considered by the Tender Inviting Authority, if required, subject to obtaining a written confirmation of the contractor/bidder(s) to that effect. TENDER FOR WORKS I/We on behalf of the Governor hereby tender for the execution of the work specified in the underwritten “Memorandum” within the time specified in such “ Memorandum” at the rates specified therein, and in accordance, in all respects within the Rules contained in clauses hereinafter, in all of the annexed General Conditions of Contract (GCC), Special Conditions of Contract (SCC) and with such other materials as are provided for, by and in all other respects in accordance and with such conditions so far as applicable. MEMORANDUM (a) General description of work ………………………. (b) Estimated cost put to Tender … Rs (c) Earnest Money Deposit … Rs. (d) Security Deposit (including earnest money) ... Rs (e) Percentage, if any, to be deducted from bill ... Rs ……………………………… (Rupees………………………… Percentage………………………………..) (f) Time allowed for the work from date of written order to Commence …………………………………calendar months. For offline tender during submission of bid and during execution of Agreement for online tender Name of Work Tendered Amount Put to Tender Rate Quoted by the Bidder (% above or less or at par) Tendered Amount (Contract Price both in words & figures) _______________________________________________________________________________________ _______________________________________________________________________________________ (a) If several sub-works are included, they should be detailed in a separate list

4 Should this Tender be accepted, I/we hereby agree to abide by and fulfill all of the terms and provisions of the said conditions of contract annexed hereto so far as applicable, or in default thereof to forfeit and pay to the Governor or his/her successions in office, the sums of money mentioned in the said conditions. A sum of Rs ………………………. * has been furnished through online net banking/RTGS/NEFT transfer as earnest money deposit [(a) the full value of which is to be absolutely forfeited to the Governor or his/her successors in office, without prejudice to any other rights or remedies of the said Governor or his successors in office. Should I/we not deposit the full amount of security specified in the above ‘Memorandum’ in accordance with clause I(A) of the said conditions of contract, the said sum of Rs ………… shall be retained by the Government as on account of such security as aforesaid:(b) the full value of which shall be retained by Government on account of the security deposit specified in clause I (B) of the said conditions of contract]. Dated the Day of 20 X T (Witness) Address Occupation The above tender is here by accepted by me for and on behalf of the Governor of the State of west Bengal XX Dated the _________________ Day of _________________ (Month) __________ (Year) GENERAL CONDITIONS OF CONTRACT Clause 1 1.1 Earnest Money - The person/persons who intend to participate in the Tender for an Estimated Amount up to Rs. 25 (Twenty Five) Crore shall have to deposit Earnest Money @ 2% (Two percent) of the Estimated Amount put to Tender or Rs 10 Lakh, whichever is lower. In case of offline tender earnest money is to be submitted in the form of Bank Draft or Bankers Cheque. In case of Online Tender (e-Tender) earnest money is to be deposited through etender portal (https://wbtenders.gov.in) by selecting from either of the following payment modes: i) Net banking (any of the banks listed in the ICICI Bank Payment gateway) in case of payment through ICICI Bank Payment Gateway. ii) RTGS/NEFT in case of offline payment through bank account in any Bank with his/her tender/quotation as per Memorandum No. 3975-F(Y) dated: - 28.07.2016 of Secretary to the Government of West Bengal, Finance Department. The L1 bidder shall make the Formal Agreement after getting the Letter of Acceptance (LOA) issued by the Tender Accepting Authority. Failure to make the Formal Agreement within the time period as prescribed in the Letter of Acceptance (LOA) for the purpose, may be construed as an attempt to disturb the tendering process and will be dealt with accordingly in a legal manner as deemed fit including blacklisting the bidder. 1.2 Security Deposit - While making any payment to the person(s) whose tender has been accepted (hereinafter shall be called the contractor) for work done under the contract, the authority making payment shall deduct such sum which together with the Earnest Money already deposited and converted into security deposit, shall amount to 10% of the value of works executed at the material point of time and paid during the progressive running accounts bills, so that total deduction together with *Give particulars and numbers Strike out (a) or (b) as applicable. T Signature of Contractor before submission of tender X Signature of Witness to Contractor’s signature XX Signature of the Executive Engineer/AE on behalf of the Department.

5 Earnest Money constitute 10% of the tendered value of work actually done. In case of excess/and supplementary work over the tendered amount, additional security @ of 10% of such additional amount is to be deposited for all such excess/ and supplementary works beyond the tendered amount before payment of final bill. Compensation of all other sums of money payable by the contractor to the Government under the terms of the contract may be deducted from the security deposit. However, even though the earnest money deposited exceeds the prescribed percentage, due to reduction of tendered amount due to any reason whatsoever, such additional earnest money shall be deemed to have been converted into security and further deductions from progressive bills shall be made, taking into consideration the enhanced component of earnest money so converted into security. Security deduction will not normally be required for hiring of inspection vehicles and boats etc., supply of tools & plants, furniture and computer peripherals. Separate agreement may be required in those cases, particularly for consultancy and RFP for EPC, which shall be made in standard formats to be approved by the Government. After completion of the work, the Contractor may opt for refund of the Security Deposit by replacing equal amount of Bank Guarantee of scheduled Bank valid up to 3 months beyond the defect liability period. Additional Performance Security @ 10% of the tendered amount in the form of Bank Guarantee from a Scheduled Bank, valid up to the date of completion of work, shall be obtained from the successful bidder, if the accepted bid value is 80% or less than the estimated amount put to tender. If the bidder fails to submit Additional Performance Security within 7 (seven) working days from the date of LoA or the time period as approved by the Tender inviting Authority, his Earnest Money will be forfeited. If the bidder fails to complete the works successfully, the Additional Performance Security along with Security Deposit lying with the Government shall be forfeited at any time during the pendency of contract period as per relevant Clauses of the Contract. Necessary provisions regarding deductions of Security Deposit from the progressive bills of the Contractor as per relevant clauses of the contract will in no way be affected/ altered by this Additional Performance Security. Clause 2. The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall throughout the stipulated period of the contract be proceeded with all due diligence. Time being deemed to be the essence of the contract on the part of the contractor, the contractor shall be bound in all cases, to achieve the ‘Milestones’ as defined under Clause 5 and specified in the NIT into various ‘Identifiable and quantifiable construction related stages’ pertaining to the work. In the event of the contractor failing to comply with any of the conditions related to achieving the ‘Milestones’ within the specified time period prescribed for such ‘Milestone’ plus one month, he/she shall be liable to pay compensation. If the contractor fails to commence and/or maintain required progress viz. Milestones defined in the Notice Inviting Tender over the total time allotted for its full completion and in terms of clause 5 or fails to complete the work and clear the site on or before the end of contract period or extended date of completion, he/she shall, without prejudice to any other right or remedy available under the law on account of such breach, pay as agreed compensation to the implementing Department. This will also apply to items or group of items for which a separate period of completion has been specified. Compensation for delay of work: @ 2% (Two percent) of the tendered value of work arrived for each month of delay to be computed on per day basis subject to the ceiling limit of security deposit already withheld or due to be withheld during imposition of the said clause and minimum payable compensation equivalent to the Earnest Money deposited (EMD). Compensation for delay

6 Provided always, that the total amount of compensation for delay, to be paid under this clause shall not exceed 10% of the tendered value of work or the tendered value of the item or group of items of the work, for which a separate period of completion is originally given. The amount of compensation may be adjusted or set-off against any sum payable to the contractor under this contract, if the contractor catches up with the progress of work subsequently, part or full of the desired progress as per the contract in accordance with the decision of the Tender Accepting Authority, under powers delegated by Government to be communicated by the Engineer-in-Charge, the withheld amount shall be released. However, no interest, whatsoever, shall be payable on such withheld amount. Force majeure :-If the work(s) be delayed for the following reasons:- Due to war, internal emergency and other conditions such as abnormally bad weather, flood, cyclone natural calamity or serious loss or damage by fire or civil commotion, the contractor shall immediately give notice thereof in writing to the Engineer-in-charge but shall nevertheless use constantly his/her best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the Engineerin-charge to proceed with the works. Clause 3. Subject to other provisions contained in this clause, the Engineer-in-charge with the prior approval of Tender Accepting Authority, may, without prejudice to his/her any other rights, remedy against the Contractor in respect of any delay, inferior workmanship, any claims for damages and/or any other provision of the contract or otherwise, and whether the date of completion has or has not been elapsed, by notice in writing, absolutely determine the contract in any of the following cases: (i) If the Contractor has been given by the Engineer-in-Charge a notice in writing to rectify, reconstruct or replace any defective work or that work is being performed in an inefficient or otherwise improper or un-workman like manner, shall omit to comply with the requirements of such notice for a period of seven days thereafter; (ii) If the Contractor has without reasonable cause suspended the progress of work, or has failed to proceed with the work with due diligence so that, in the opinion of the Engineer-in-Charge he/she will be unable to secure completion of the work by the schedule date for completion, and continues to do so after a notice of seven days in writing from the Engineer-in-charge; (iii) If the Contractor fails to complete the work within the stipulated date or the Milestones/items of work within individual dates of completion, if any, stipulated on or before such date(s) of completion and does not complete them or reach the defined Milestones within the period specified in the notice given in writing to that effect by the Engineer-in-charge; (iv) If the Contractor persistently neglects to carry out his/her obligations under the contract and/or commits default by not complying with any of the terms & conditions of the contract and does not remedy it, or take effective steps to remedy it, within seven days after a notice in writing is given to him/her to that effect by the Engineer-in-Charge; (v) If the Contractor being an individual, or a firm, or any partner thereof, shall at any time be adjudged insolvent or have a ‘Receiving Order’ or Order for administration of his/her Estate made against him/her, or take any proceedings for liquidation or composition (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) under any Insolvency Act for the time being in force, or make any conveyance or assignment of his/her effects or composition or arrangement for the benefit of his/her creditor or purport to do so, or if any application be made under Insolvency Act for the time being in force for the sequestration of his/her Estate, or if a trust deed is executed by him/her for benefit of his/her creditors; (vi) If the Contractor being a Company pass a resolution or the court delivers an order of judgement that the Company shall be wound up, or if a receiver or a manager on behalf of a creditor be appointed, or if a circumstance arise which entitle the Court or the creditor to appoint a receiver or a manager or which entitle the court to issue a winding up order; (vii) If the Contractor shall suffer an execution order being levied on his/her goods and allows it to be continued for a period of 21 days; (viii) If the Contractor assigns without prior written approval of the Tender Accepting Contractor remains liable to pay compensation, if action is not taken under Clause 3 Action when whole of security deposit is forfeited

7 Authority, transfers, sublets (engagement of labour on piece work basis or of labour with materials not to be incorporated in the work, shall not be deemed to be subletting) or otherwise parts with or attempts to assign, transfer, sublet or otherwise parts with the entire work or any portion thereof without prior written approval of the Engineer–in–charge; (ix) AND THEREFORE, the Contractor has made himself/herself liable for action under any of the cases aforesaid, the Engineer-in-charge on behalf of the Government with the prior approval of Tender Accepting Authority, shall have the powers to adopt any of the following actions, as he/she may deem best suited to the interest of the Government:- (a) To determine the contract as aforesaid, of which rescission notice in writing and costs to be recovered for works since executed subject to a minimum of the amount of Earnest Money deposited by the Contractor under the hand of Engineer-in-charge, shall be the conclusive evidence. Upon such determination, the Earnest Money Deposit, Security Deposit already recovered for executed works and performance guarantee, if any under the contract shall be liable to be forfeited and shall be absolutely at the disposal of the Government. (b) After giving notice to the Contractor to measure up the work executed and to take such whole or the balance or part thereof, as shall be un-executed out of his/her hands, and to give it to another Contractor to complete the balance work. The Contractor, whose contract is determined or rescinded as above, shall not be allowed to participate in the tendering process for the balance work. (c) To employ labour paid by the implementing Department, and to supply materials, to carry out the works or any part of the work, debarring the contractor and debiting the cost of labour and price of materials (of the amount of which cost and price determined by certificate of the Engineer-in-Charge shall be final and conclusive against the contractor) and crediting him/her with the value of the work done, in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his/her contract; the certificate of the Executive Engineer as to the value of the work done shall be final and conclusive against the contractor. In the event of above course being adopted by the Engineer-in-charge, the Contractor shall have no claim of compensation for any loss sustained by him/her by reason of his/her having purchased or procured any material or entered into any engagement or made any advances on any account or with a view to execute the work or the performance of the contract. In case, action is taken under any of the provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum for any work thereof actually performed under this contract, unless and until the Engineer-in-charge has certified in writing that the performance of such work and value payable in respect thereof, and he/she shall only be entitled to be paid the value so certified. Clause 3A. In case, the work cannot be started due to reasons not within the control of the Contractor within 1/4th (one fourth) of the stipulated time for completion of the work or 45 days whichever is less, which is accepted as a valid & justified reason by the Tender Accepting Authority, either party viz. Contractor & the Engineer-in-Charge may close the contract with the approval of Tender Accepting Authority. In such an eventuality, the earnest money deposited and the security of the contractor shall be refunded, but no payment on account of interests, loss of profit or damages etc. shall be payable at all. Clause 3B. In case a continuing work cannot be completed due to reasons beyond the control of the contractor, like Force Majeure enumerated later under Clause 5, the contract may be terminated as stated in clause 3A above by the Engineer-in-Charge with the consent of the contractor and approval of the Tender Accepting Authority. Clause 4. In cases in which any of the powers conferred upon the Engineer-inCharge under Clause 3 hereof shall have become exercisable and the same had not Power to take possession of or require removal of or sell Contractor’s plant Contractors remains liable to pay compensation if action not taken under Clause 3

8 been previously exercised, non-exercising thereof shall not constitute as a waiver of any of the conditions hereto, and such powers shall, notwithstanding be exercisable in the event of any future case of default by the contractor, for which by any clause or clauses hereof, he/she is declared liable to pay compensation amounting to whole of his/her security deposit, and the liability of the contractor for past and future compensation shall remain unaffected. In the event of the Engineer-in-Charge putting in force either of the powers under ix (a) or (c) vested with him/her under the preceding clause, he/she may if he/she so desires, take possession of all or any tools & plant, materials and stores, in or upon the work, or the site thereof, or belonging to the contractor, or procured by him/her and intended to be used for execution of the work, or any part thereof, paying or allowing for the same in account at the contract rates or in case of these not being applicable, at current market rates to be certified by the Engineer-in-Charge whose certificate thereof, shall be final and binding. Otherwise, the Engineer-in-Charge may deliver notice in writing to the contractor or his/her clerk, foreman or other authorized agent, requiring him/her to remove such tools & plant, materials or stores from the premises within a time to be specified in such notice; and in the event of the contractor failing to comply with any such requisition, the Engineer-inCharge may remove them at the contractor’s expense or sale them by p ublic auction or private sale on account of the contractor and at his/her risk, in all respects, and the certificate of the Engineer-in-Charge as to the expense of any such removal, and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor. Clause 5. The time allowed for execution of a work as specified in the ‘Schedule of Work’ or in the extended time in accordance with the terms and conditions shall be the essence of the contract. Execution of work shall commence from such time period as mentioned in the said schedule, or from the date of handing over of the site to the contractor whichever is later. If the contractor commits default in commencing execution of the work as aforesaid within thirty days, without justifiable reasons included under Force Majeure or other such reasons beyond the control of the contractor, in which case to be reported within seven days by the contractor, considered valid and cogent by the Engineer-in-Charge, the Engineer-in-Charge shall after passing of thirty days from the date of scheduled commencement of work as per work order, with the prior approval of the Tender Accepting Authority, without prejudice to any other right to remedy available in law, be at liberty to apply clause 2 and subsequently clause 3 of the tender document. 5.1 As soon as possible after the contract is executed, signed and agreed, the contractor shall submit a ‘Time and Progress Chart’ for each broad activity (Milestone) and get it approved by the Engineer-in-Charge. The chart shall be prepared in direct relation to the time slated in the Notice Inviting Tender (NIT) document, for completion of items or group of items of the work. It shall indicate the forecast of the dates of commencement and completion of various trades of sections of the work. This may be amended, as necessary, by an agreement between the Engineer-in-Charge and the contractor within the limitations of time imposed in the NIT document. Further, to ensure good progress during execution of work, the contractor shall in all cases, in which the time allowed for any work exceeds one month (save and except for special jobs for which a separate programme has been agreed upon) to complete the work as per defined ‘Milestones’ given in such ‘Schedule of Work’ defined clearly in the NIT itself into various ‘Identifiable and quantifiable construction related stages’ related with the type and nature of work, and that the ‘total time allowed for completion of work’ is to be broken up against achievement of those stages during the construction / progress of work to ensure a periodic monitoring of progress and enable the contractor and the Engineer-in-Charge to take corrective measures from time to time. 5.2 If the work(s) be delayed by: Force majeure, due to war, internal emergency and other conditions such as abnormally bad weather, flood, cyclone natural calamity or serious loss or damage by fire or civil commotion, strike or lockout affecting procurement of construction materials or any of the trades employed in the work, or any other cause which in the absolute discretion of the Engineer-in-Charge is beyond the contractor’s control, then upon happening of any such event causing delay, the

9 contractor shall immediately give notice in writing to the Engineer-in-Charge but shall nevertheless use constantly his/her best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the Engineer-in-Charge to proceed with the works. 5.3 Request for rescheduling of ‘Milestones’ of various activities and extension of time, to be eligible for consideration, shall be made by the contractor in writing within fourteen days of the happening of the event causing delay in the prescribed form. The contractor may also, if practicable, indicate in such a request the period for which extension is desired. 5.4 If any such case the Engineer-in-Charge, with the approval of Tender Accepting Authority, may give a fair and reasonable extension of time and reschedule the activity wise ‘Milestones’ for completion of the work. Such extension shall be communicated to the contractor by the Engineer-in-Charge with the approval of Tender Accepting Authority in writing within maximum 1 (one) month of the date of receipt of such request. Clause 6. On completion of work, the contractor shall be furnished with a certificate by the Engineer-in-Charge of such completion, but no such certificate shall be given, nor shall the work be considered to be completed until and unless the contractor shall have removed from the work premises on which the work is executed, all scaffolding, surplus materials and rubbish, and cleaned off the dirt from wood works, doors, windows, floors, or other parts of any building, upon or about which the work is executed, or of which he may have had possession for the purpose of the execution thereof, nor until the work shall have been measured by the Engineer-in-charge whose measurements shall be binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clause as to removal of scaffolding, surplus materials and rubbish and cleaning off dirt on or before the date fixed for completion of the work, the Engineer-in-charge may at the expense of the contractor remove such scaffolding, surplus materials and rubbish, and dispose of the same as he/she thinks fit, and clean off such dirt as aforesaid; and the contractor shall forthwith b e b o u n d t o pay the amount of all expense so incurred, and shall have no claim in respect of any such scaffolding or surplus materials as aforesaid, except for any sum actually realized by the sale thereof. Clause 7. No running account bill payment shall be normally made for works less than 30 (Thirty) percent of Tendered Value or up to Rs 25.00 lakh, whichever is less, till after the whole of the work shall have been completed and certificate of completion given. For works of tendered value above Rs 25.00 lakh, for running account bill payment, the contractor shall on submitting a bill of at least Rs 25.00 lakh there for, be entitled to receive a payment proportionate to the part thereof, approved and passed by the Engineer-in-charge, whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. But all such intermediate payments shall be regarded as payments by way of advance against the final m e a s u r e d b i l l payment only and not as payments for work actually done and completed, and shall not preclude the bad, unsound, and imperfect or unskillful work which is to be removed and taken away and reconstructed, or re-erected or to be considered as an admission of the due performance of the contract, or any part thereof, in any respect, or the accruing of any claim, nor shall it conclude, determine or affect in any way the powers of the Engineer-in-charge under these conditions or any of them as to the final settlement and adjustment of the accounts or otherwise or in any other way vary or affect the contract. The final bill shall be submitted by the contractor within one month of the date fixed for completion of the work, otherwise the Engineer-in-charge’s certificate of the measurement and of the total amount payable for the work accordingly shall be final and binding on all parties. Clause 8. W o r k s bill shall be submitted by the contractor each month, after fulfilling above clause, on or before the date fixed by the Engineer-in-charge, for all works executed during the previous month, and the Engineer-in-charge shall take or cause to take the requisite measurement for the purpose of having the same verified, and the claim as far as admissible adjusted, if possible, before the expiry of fourteen days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the Engineer-in-charge may depute a Junior Engineer to measure up the said Final Certificate Payment on inter- mediate certificates to be regarded as advances Bills to be submitted monthly

10 work in presence of the contractor, whose countersignature in the measurement book will be sufficient warrant; and the Engineer-in-charge may prepare a bill from such list which shall be binding on the contractor in all respects. Within 10 (Ten) days of completion of work, the contractor shall give notice of such completion to the Engineer-in-charge and within 14 (Fourteen) days of receipt of such notice, the Engineer-in-charge shall inspect the work, and if there is no defect in the work, he/she shall furnish to the contractor a final certificate of completion. Otherwise, a provisional certificate of physical completion indicating defects (a) to be rectified by the Contractor and/or (b) for which payment will be made at reduced rates, shall be issued. Such reduced rate is to be imposed with the approval of Superintending Engineer concerned. Clause 8A. When annual repair and maintenance work is carried out, the splashes and droppings from white washing, colour washing, painting etc., on walls, floors, windows shall be removed and the surface cleaned simultaneously with the completion of these items of work in the individual rooms, quarters or premises etc. where the work is done without waiting for the actual completion of all the other items of work in the contract. In case, the contractor fails to comply with the requirements of this clause, the Engineer-in-Charge shall have the right to get this work done at the cost of the contractor either Departmentally or through any other contractor. Before taking such action, the Engineer-in-Charge shall give ten days notice in writing to the contractor. Clause 8B. The Contractor shall submit completion Plan/Drawing as required in the ‘General Specification’ for Civil as well as Electrical Works as applicable within 30 days of completion of the work. Clause 9. The Contractor shall submit all bills in printed forms, a s p e r f o r m a t p r e s c r i b e d b y G o v e r n m e n t o f W e s t B e n g a l , in the office of the Engineerin-Charge, and the charges in the bills shall always be entered at the rates specified in tender or in case of any extra work ordered in pursuance of these conditions, and not mentioned or provided for in the tender at rates thereinafter provided for such work. Clause 9A (1) Payments due to the contractor may, if so desired by him/her be made to his bank through e-Pradan, details of which has to be directly furnished to the Engineerin-charge. While the online receipt given by such Banks shall constitute a full and sufficient discharge/acquittance for the payment, the contractor should wherever possible present his/her bills duly receipted and discharged through his/her Banker/s. (2) In the case of bills, which the contractor presents for payment direct, and which are not endorsed in favour of the Bank, while efforts will be made to secure payment to the financing Bank, payments made to the contractor should be accepted as full acquittance so far as the Government is concerned. As a part of the arrangement, the financing Bank should give the Government a letter to this effect. Note 1. The procedure will not affect the usual rights of t h e Government to deduct from contractor’s bill, (whether endorsed in favour of a Bank or not) any sum due to Government of account of penalties, over-payments etc., on this or any other contract with the Governor of the State of West Bengal. Note 2. Nothing contained herein shall operate to create in favour of the Bank any rights, claims or equities vis-à-vis the Governor. Clause 10. If the specification or estimate of the work provides for use of any special description of material to be supplied by the Engineer-in-Charge, (such materials & stores and the prices to be charged there for as hereinafter mentioned being so far as practicable for the convenience of the contractor, but not so as in any way to control the meaning or effect of this contract specified in the schedule or ‘Memorandum’ hereto annexed), the contractor shall be supplied with such materials and stores as is required from time to time to be used by him/her for the purpose of the contract only, and the value of the full quantity of materials and stores so supplied at the rates specified in the said schedule or Memorandum may be set off or deducted from any sums then due, or thereafter to become due to the contractor under the contract, or otherwise or against or from the security deposit, or the proceeds of sale thereof; if the same is held in Government securities, the same or a sufficient portion thereof being in this case sold for Payments of contractor’s bills to Banks Stores supplied by Government

11 the purpose. All materials supplied to the contractor shall remain the absolute property of Government, and shall not on any account be removed from the site of the work, and shall at all times be open for inspection by the Engineer-in-charge. Any such material unused and in perfectly good condition at the time of the completion or determination of the contract shall be returned to the Engineer-in-charge’s store, if by a notice in writing under his/her hand, he/she shall so require; but the contractor shall not be entitled to return any such material unless with such consent, and shall have no claim for compensation on account of any such material so supplied to him/her as aforesaid being unused by him, or for any wastage or damage to any such material. Clause 11. The Contractor shall execute the whole and every part of work in the most substantial and workman like manner, and both, as regards to materials and otherwise, in every respect, in strict accordance with the specifications. The contractor shall also conform exactly, fully and faithfully to the design and drawings, and instructions in writing relating to the work signed by the Engineer-in-Charge and lodged in his/her office, to which the contractor shall be entitled to have access at such office, or on the site of the work for the purpose of inspection during office hours, and the contractor shall, if he/she so require, be entitled at his/her own expense to make or cause to be made copies of the specifications, and of all such design, drawings and instructions as aforesaid. Clause 12. The Engineer-in-Charge shall have powers to make any alteration in, omission from, addition to, or substitution for, the original specifications, drawings, designs and instructions, that may appear to him/her to be necessary or recommended by Superintending Engineer or the Chief Engineer during the progress of work, and the contractor shall be at all times be bound to carry out these works, in accordance to any instructions which may be given to him/her in writing, signed by the Engineer-incharge, and such alterations, omissions, additions or substitutions, shall not invalidate the contract but shall be deemed to have formed a part of the work included in the original tender and any altered, additional or substituted work which the contractor may be directed to do in the manner specified above as a part of the work shall be carried out by the contractor on the same conditions in all respects on which he/she agreed to do the main work, and at the same rates, if any, may be specified in the tender for the main work. Time for the completion of the work shall be extended in the proportion that the altered, additional or substituted work bears to the original work contract, and the certificate of the Engineer-in-charge shall be conclusive as to such proportion. And, if the altered, additional or substituted work includes any class of work, for which no rate is specified in the contract, then such class of work shall be carried out at the rates entered in the schedule of rates of concerned Works Department applicable in the district, which was in force at the time of acceptance of the contract, minus/plus the percentage which the total tendered amount bears to the estimated cost of the entire work put to tender; and if the altered, additional or substituted work is not entered in the said schedule of rates, payment thereof shall be made by the Engineer-in-charge by determining the rates on analysis worked out from (a) the basic rates of materials and labour provided in the aforesaid schedule of rates, or (b) the current market rates of materials and labour when even basic rates for the work are not available in the schedule. In cases when such rates are determined on analysis by the Engineer-in-charge under (a) above, the stipulated percentage above or below schedule of rates as provided in the contract shall also apply, and in case of rates worked out on analysis under (b) above, payment shall be made at the rates so determined without application of the said stipulated percentage. In the event of any dispute regarding rates determined on analysis for any altered, additional or substituted work under this clause, the decision of the Superintending Engineer shall be final and binding. Clause 13. If at any time after the commencement of the work the Governor shall for any reason whatsoever not require the whole thereof as specified in the tender to be carried out, the Engineer-in-charge shall give notice in writing of the fact to the contractor, who shall have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have derived from execution of the work in full, but which he/she did not derive in consequence of the full amount of the work not having been carried out; neither shall he/she have any claim for compensation by reason of any alterations having been made in the original specifications, drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated. Work to be executed in accordance with specifications, drawings, orders, etc. Alteration in specification and designs do not invalidate contract No compensation for alternation in or restriction of work to be carried out. Rates for works not in tender BOQ/SoR

12 Clause 14. If it shall appear to the Engineer-in-charge or his/her subordinate engineer in-charge of the work, that any work has been executed with unsound, imperfect, or unskillful workmanship, or with materials of any inferior description, or that any materials or articles provided by the Contractor, for the execution of the work are unsound, or of a quality inferior to that contracted for, or otherwise not in accordance with the contract, the contractor shall on demand in writing from the Engineer-in-charge specifying the work, materials or articles complained of notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and re-construct the work so specified in whole or in part, as the case may require, or as the case may be remove the materials or articles so specified and provide other proper and suitable materials or articles at his/her own proper charge and cost; and in the event of his failing to do so within a period to be specified by the Engineer-in-charge in his/her demand aforesaid, then the contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimate put to tender / on up to date executed work value for every day not exceeding ten days, while his/ her failure to do so shall continue and in the case of any such failure, the Engineer-in-charge may rectify or remove, and re-execute the work or remove and replace with others, the materials or articles complained of as the case may be at the risk and expense in all respects of the contractor. Clause 15. All work under or in course of execution or executed in pursuance of the contract shall at all times be open to inspection and supervision of the Engineer-in-Charge and all his/her subordinates and also higher Officers / Authority of the Government and the contractor shall at all times during the normal working hours, and at all other times at which reasonable notice of the intention of the Engineer-in-charge or his/her subordinates to visit the work site shall have been given to the contractor, either himself/herself be present to receive orders and instructions, or have a responsible agent duly accredited in writing present for that purpose. Orders given to the contractor’s agent shall be considered to have the same force as if i t had been given to the contractor himself/herself. Clause 16. The Contractor shall give, not less than five days notice in writing to the Engineer-in-charge or his/her subordinate in-charge of the work, before covering up or otherwise placing beyond the reach of measurement any work, in order that the same is so covered up or placed beyond the reach of measurement, and shall not cover up or place beyond the reach of measurement any work without the consent in writing of the Engineer-in-charge or his/her subordinate, in-charge of the work; and if any work shall be covered up or placed beyond the reach of measurement without such notice having been given or consent obtained, the same shall be uncovered at the contractor’s expense, or, in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed. Clause 17. If the Contractor or his/her workers or authorized representatives shall break, deface, injure or destroy any part of the structure in which they may be working or any building, road, road curbs, fence, canals, water pipes, cables, drains, electric or telephone posts or wires, trees, grass or grassland or cultivated ground contiguous to the premises on which the work or any part of it is being executed, or if any damage shall happen to the work from any cause whatever or any imperfections become apparent in it at any time, whether during its execution or within a period of six months after issuance of a certificate of its completion by the Engineer-in-Charge, the contractor shall make the same good at his/her own expense, or in default, the Engineer-in-Charge may cause the same to be made good by other workers, and deduct the expenses (of which the certificate of the Engineer-in-Charge shall be final and binding) from any sums, whether under the contract or otherwise, that may be then, or at any time thereafter become due to the contractor by the Government or from his/her security deposit, or the proceeds of sale thereof, or of a sufficient portion thereof, and if the cost in the opinion of the Engineer-in-Charge whose opinion shall be final and conclusive against the contractor, making such damage or imperfections good shall exceed the amount of such security deposit and/or such sums, it shall be lawful for the Government to recover the excess costs from the contractor in accordance with the procedure prescribed by any law for the time being in force. Clause 17A. The Contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works, and counting, weighing, assisting in the joint measurement or examination at any time and from time to time of the work or materials. Failing his/her so doing the same may be Action and compensation payable in case of bad work Work to be open to inspection Contractor or his/her responsible agent to be present Notice to be given before work is covered up Contractor liable for damage done and for imperfections for 180 days after certificate