Providing Paver Block With Kerb Stone and fixing of HDPE Mesh around Cooling Tower No. 3 at GTPS.

1. SECTION-A:

 ACKNOWLEDGEMENT OF TENDER FEE /EMD.

 TENDER NOTICE.

2. SECTION-B:

 DECLARATION FORM CUM UNDER TAKING TO

BE SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE TENDERER

3. SECTION-C:

 GENERAL CONDITIONS OF CONTRACT

4. SECTION-D:

 TERMS AND CONTRACT FOR WORKS

 GENERAL SAFETY RULES & LIST OF SAFETY

5. SECTION-E :

 PERFORMA FOR BANK GUARANTEE

 INTEGRITY PACT

 CERTIFICATE – A

 ANNEXURE – I (DETAILS OF BANK FOR

SOLVEANCY & BG)

6. SECTION-F:

 SPECIAL CONDITIONS FOR USE OF CEMENT

 APPROVED NAME OF MANUFACTURERS OF

STEEL / CEMENT

 GENERAL GUIDELINES RELEVANT TO I.S.

7. SECTION-G:

 GENERAL SPECIFICATIONS

 TECHNICAL SPECIFICATION

 DETAIL SPECIFICATION

8. SECTION-H:

 SCHEDULE-B

 Safe Maintenance Procedure

EW- 309 PUR-F-006 RFQ-

 ACKNOWLEDGEMENT OF TENDER FEE

 TENDER NOTICE

EW- 309 PUR-F-006 RFQ-

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663Fax: 91-79-23217673, e-mail:

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

ACKNOWLEDGMENT

e- Tender for the

“Providing Paver Block with Kerb Stone and fixing of HDPE Mesh around

Cooling Tower No. 3, at GTPS.”

TENDER FEE PAID VIDE DEMAND DRAFT NO.

_________________________________ DATED___________________________ RS.

EARNEST MONEY DEPOSIT PAID VIDE D.D. NO.

_______________________________ DATED ____________________ RS.

1. The undersigned reserves the right to reject any or all tenders

without assigning any reasons thereof.

2. The Tender fee will be accepted in form of Demand Draft and Earnest

Money Deposit will be accepted in form of Demand Draft or Bank

Guarantee of any bank as prescribe in ANNEXURE- I drawn in favour of

“GUJARAT STATE ELECTRICITY CORPORATION LTD.” payable at

Gandhinagar TPS

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 309 PUR-F-006 RFQ-

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663Fax: 91-79-23217673, e-mail:

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

CE [Generation], Gandhinagar, TPS invites “On-line Tenders” (e-tendering) for the work

of “Providing Paver Block with Kerb Stone and fixing of HDPE Mesh

around Cooling Tower No. 3, at GTPS.”Tender Papers & Specifications may be

down loaded from Web site https://gsecl.nprocure.com(For view, down load and on

line submission) and GUVNL / GSECL web sites www.gsecl.in (For view only).All

tender documents are to be upload (Notarized / self-attested copies of original – as

specified in tender document) through online only (mandatory) on (n) procure portal

excluding Tender fee and EMD Tender fee and EMD are to be submitted physically by

Registered Post A.D. or Speed Post addressed to: CHIEF ENGINEER (GENERATION),

GUJARAT STATE ELECTRICITY CORPORATION LTD, THERMAL POWER STATION,

GANDHINAGAR-382041, GUJARAT. “NO COURIER SERVICE OR HAND DELIVERY”

will be accepted.

Tender Estimated E.M.D.

No. Cost Rs. Rs.

EW- “Providing Paver 11 (Eleven) Rs. 2500+ 450 Rs.

309 Block with Kerb Months from = Rs. 2950/-

Stone and fixing the date of (Two Thousand (One Lakh

of HDPE Mesh Rs. written order to Nine hundred Thirty Seven

around Cooling 45,80,667.00 commence the Fifty only (Non Thousand

Tower No. 3, at work. Refundable) Four

GTPS.” Hundred

Twenty Only )

180 Days [From the opening of

1 Validity of Tender

Technical Bid].

Last Date for Online tender / offer submission through

2 As per Tender Notice

(n)Procure only up to 18:00 Hrs(This is Mandatory)

Last Date for physical receipt of cover for DD / Bank

Guarantee / Online payment reference for Tender Fee and

3 As per Tender Notice

EMD only up to 15:00 Hrs Through RPAD or Speed Post

Date of opening of online Technical Bid, all relevant

documents submitted through online process, Cover for

4 Tender fee and EMD at 15:30 Hrs (Online technical bid As per Tender Notice

will be opened for Bidders who have submitted Cover for

Tender Fee and EMD)

Tentative date of on-line opening of price bid (if possible) Party has to be in touch with

at 15.30 hrs. website www.nprocure.com and

also with e-mail sent by above

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 309 PUR-F-006 RFQ-

1) Only following listed documents must be upload in n-process online only. No physical

documents are to be submitted except tender fee and EMD cover. Price Bid shall not be

submitted in Hard copy.

1. Demand Draft for Tender Fee and EMD (Original) cover only to submit through

RPAD/Speed post only.

2. The bidder shall have a separate Provident Fund Code of RPFC in the name of company.

The bidder, who does not possess such separate P.F. code, shall not be considered for

acceptance of tender. The contractor has to submit attested copy of such certificate

showing P.F. code along with the tender.

3. Attested copy of PAN No.

4. Attested copy of work experience certificate for the similar works executed.

5. List of work in progress.

6. Attested copy of firm registration [Applicable only to the firms registered under

Company Law]

7. Attested copy of partnership deed. [Applicable only to the partnership firms.]

8. Attested copy of power of attorney, if any, for signing the bid document.

9. Attested copy of balance sheet of profit & Loss account duly audited by Chartered

Accountant of at least 3 financial years, if work estimate is more than Rs. 50 Lacks.

10. Details of equipment, tools and plants immediately available with the tenderer for use of

this work.

11. Details of technical personnel.

12. Undertaking duly Notarized as per attached Declaration Form

13. Any other documents required to verify technical, financial capability of the bidders &

other Credentials

15. Attached The Copy Of GST Registration.

All such documents should be strictly uploaded in N-procure only expect Tender Fee

and EMD details cover. Otherwise the offer will not be considered and no any further

communication in the matter will be entertained.

2) In case any deviation is found in Data / Details / Documents uploaded on N-procure

online offer (e-tendering) documents then such tender will not be considered and no any

further communication in the matter will be entertained. Tenders must be un-

conditional. Conditional Tenders will be rejected.

3) Further bidders are requested to submit Technical Bid documents and price – bid i.e.

Schedule-B on line only and not to submit the Technical bid and price bid in physical

form expect Tender Fee and EMD details cover. This is mandatory. If Technical bid

document and price bid is submitted in physical form expect Tender Fee and EMD

details cover, same will not be opened and only on-line Uploaded/submitted Technical

bid document and price will be considered for evaluation. The bidder is requested not

to upload/submit the by online (n)procure while bid submission on in (n)procure

tender document, condition of the contract, specification & other relevant

documents, except documents as stated here above. Instead of the same, the bidder

shall upload on (n) procure scan copy of the duly Notarized Undertaking as stated below

declaration form on the stamp paper of Rs. 300/-. However, bidder may download

tender document & preserve with them in Hard Copy for their future reference.

Later on, L1 bidder shall be asked to collect the tender documents from the

tender inviting authorities for the purpose of contract agreement execution and

place their signature with seal of the company.

4) It is mandatory for all the bidders to submit their tender documents viz. on-line (e-

tendering) and uploading on (n) procure in scheduled time. Tender documents

submitted in physical form will not be accepted and considered expect Tender Fee and

EMD details cover. Also, all bidders shall submit required Physical documents as stated

in Tender Notice

5) GSECL reserves the rights to reject any OR all tenders without assigning any reasons

6) Tender Notice Number & name of the work shall be clearly written on the covers of

containing the Tender Fee and EMD.

7) Technical / Price Bids will be opened on the day and time indicated in the tender notice

by an Officer nominated by the Purchaser in the presence of such of the bidders who wish to be

present. Any technical questions, information and clarifications that may be required pertaining

to this tender should be referred to the CHIEF ENGINEER (GEN.) Gandhinagar TPS. Also during

pre-bid meeting (if arranged) the same may please be discussed

EW- 309 PUR-F-006 RFQ-

 The exemption in payment of Tender Fee & EMD shall be given to

1. Micro & small-scale enterprises which participate directly in tendering

process for the product which they are manufacturing / service which

they are providing and have Udyam registration for items / service

under procurement.

2. Start-ups which participate directly in tendering process for the

product which they are manufacturing/service which they are

providing and re-cognized by DPIIT under the Start-up India Program

and has obtained Udyam registration.

3. Organization which has registration certificate for the manufacturing

product of the tender, from Gujarat Khadi Gramodyog Board or Khadi

and Village Industries Commission(K.V.I.C)or Commissioner of

Cottage Industries.

4. Board/Corporations/PSUs of the Central/State Government for

their own manufactured items.

5. State Government recognized organizations like(i) organizations for

blinds, dumb and deaf, disabled, mentally disabled

persons;(ii)women's self-help group recognized by Gujarat Livelihood

Promotion Company; which participate directly in tendering process

for the product which they are manufacturing / service which /they

are providing.

6. OEM and service providers rendering services directly or by its own

and having annual turnover of INR 500 Crore or more

7. Sellers/Service Providers holding BIS license for the Primary Product

Category whose credentials are validated through BIS database.

1. Micro & Small Enterprises (MSEs) who participates directly in the

tendering process as Manufacturers or Service Providers, and holds a

valid Udyam Registration, are eligible for exemption from payment of

Earnest Money Deposit (EMD).

2. Agencies registered under Udyam in the capacity of Traders, Re-

sellers, or similar categories (i.e. other than Manufacturers/Service

Providers) are not eligible for EMD exemption.

3. Migration period for Reclassification of MSMEs: - ln case of an upward

change in terms of investment in plant and machinery or equipment

or turnover or both, and consequent re-classification, an enterprise

shall continue to avail of all non-tax benefits of the category (micro or

small or medium) it was in before the re-classification, for a period of

three years from the date of such upward change.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 309 PUR-F-006 RFQ-

 DECLARATION FORM CUM UNDER

TAKING TO BE SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE BIDDER

EW- 309 PUR-F-006 RFQ-

(To be uploaded on (n) procure online process duly notarized on Rs.

300/- Non – Judicial Stamp Paper)

DECLARATION FORM

HDPE Mesh around Cooling Tower No. 3, at GTPS.”

Tender No/ RFQ No:

1. I/We hereby declare that I/We have carefully studied the entire tender

placed on the WEB site and conditions of contract, specifications and

other documents of this work mentioned in the tender and abide by

the same. Also, I/We hereby agree to execute the same accordingly.

2. I/We hereby abide to execute the contract agreement by downloading

the copies of the conditions of contract, specifications and other

documents of this work of otherwise I/we will get copy of the same

acceptable to me/us.

3. I/We hereby accept and confirm that any dispute on this regard shall

4. I/We hereby declare that I/We have visited the work site and fully

acquainted myself/ourselves with the local situations regarding

materials, labour and other factors pertaining to the work before

submitting the tender.

5. I/We hereby confirm that our offer is Un-conditional and without any

technical & commercial deviations.

6. Should this tender be accepted, I /We hereby agree to abide by to fulfill

all the terms-conditions and provision of the Tender and Contract for

Works as applicable and default thereof, to forfeit and to pay to the

Gujarat State Electricity Corporation Limited the sums of money due.

7. The full value of the “Earnest Money Deposit” paid herewith should be

absolutely forfeited to the Corporation, should I/ we do not execute /

commence the work after issuance of date of commencement by

EW- 309 PUR-F-006 RFQ-

8. If, I fail to submit all required documents with application or tender

copy ( in each tender ) then my tender will be cancelled, which is

binding to me.

9. If, full or part work will be given to me, it will be accepted to me with

same terms, rate & conditions.

10. I, ______ proprietor / owner / partner / Authorized Agent of M/s.

______ do hereby also declare and undertake as under:

a) That in capacity of independent contractor for M/s. ______ (Sub-

Contractor of M/s. ______ ) worked as contractor at GSECL,

___________Thermal Power Station for the nature of work of ______

against work Order No. ______ Dt. ______., I have complied with the

provisions of all laws as applicable. I have paid the wages for the

month/s of my contractual period which is / are not less than the

minimum rates as applicable, to all my employee/s and no other dues

are payable to my employee/s.

b) That I have covered all the eligible employee/s under the

Employees‟ Provident Funds and Miscellaneous Provisions Act,

and deposited the contributions under my PF Code No. ______, place:

______ for the month/s of my contractual period and as such no

amount towards contribution whatever is payable.

c) I further declare and undertake that in case any liability

pertaining to any of my worker, labour, employee/s is/are to be

discharged by the principle employer i.e. Gujarat State Electricity

corporation Limited, ___________Thermal Power Station due to my

lapse, I undertake to reimburse the same or the principle employer is

authorized to deduct the same from my dues as payable.

d) I further declare and undertake the legal consequences which

may arise in future under the said work order awarded, and I bond

myself to resolve the same at the risk and cost of M/s. ______.

authorized signatory of M/s

______________________________________________ here by certify that

M/s _________________________________________________ and their

proprietor / any partner / any directors of the firm is not stop deal

and / or banned for business dealing and / or black listed by GUVNL

and / or their any subsidiary company viz. GSECL / GETCO / DGVCL

/ MGVCL / UGVCL / PGVCL as well as Government and / or Semi

Government company / department.

Seal & Signature of the Bidder

Phone / Mobile/ Fax No. & Company‟s Seal

EW- 309 PUR-F-006 RFQ-

e- Tender for the work of “Providing Paver Block with Kerb Stone and

fixing of HDPE Mesh around Cooling Tower No. 3, at GTPS.”

RTGS DETAIL OF BIDDER

Following RTGS details shall be submitted by agency along with the tender for direct

deposit of payment to the beneficiary account. Bidder has to submit the details as under:

1 Name of Bidder :-

2 Address for correspondence :-

3 E-Mail ID :-

4 Phone / Mobile No. :-

5 Name of Beneficiary :-

6 Bank Account Number of :-

beneficiary

7 Name of Bank of beneficiary :-

8 Name of Bank, branch & :-

9 Type of account :-

10 Bank Code :-

11 RTGS Code :-

12 IFSC Code :-

EW- 309 PUR-F-006 RFQ-

Project Synopsis and Data

1) Location :- Gandhinagar Thermal power station

2) Purchaser :- GUJARAT STATE ELECTRICITY

CORPORATION LTD

3) Engineer :- Chief Engineer(Gen)

4) Site of Project :- Gandhinagar,Gujarat State

5) Nearest town :- Gandhinagar

6) Nearest Railway Station :- Gandhinagar Capital(Ahmedabad is

situated at a distance of about 30.00Km)

7) Nearest Port :-

8) Nearest Air Port :- Ahmedabad-20Km(Approx)

9) Access Road :-

10) Site Elevation from MSL :- RL 81.5 M(floor level)

11) Meteorological Data

 Ambient Air temperature

1] Highest monthly mean of :- 350 C

daily Max. Temperature

2] Maximum dry bulb :- 450 C

Temperature ( In 0C)

3] Minimum dry bulb :- 8.60 C

Temperature ( In 0C)

 Rainfall

1] Average annual rainfall :- 1000 to 1200mm

2] For 01 hour ( In mm) :- 75 to 100mm

3] For 24 hour ( In mm) :- 250mm

 Wind velocity

1] Maximum wind velocity :-

(In m/sec)

2] Wind direction – N,NE & :-

3] For 24 hour ( In mm) :-

 Relative Humidity

1] Annual mean humidity ( :- 50 to 60%

2] Maximum humidity (In :- 98%

3] Minimum humidity (In :- 2%

4] Type of Atmosphere :- Dry

12) DESIGN DATA

 Seismic Data :-

 Zone :- Zone-III as per IS 1893-1975

 Intensity :-

EW- 309 PUR-F-006 RFQ-

 Ambient temperature :-

 Other Data :-

SCOPE OF WORK AND SITE CONDITIONS

The main scope of the work is “Providing Paver Block with Kerb Stone and

fixing of HDPE Mesh around Cooling Tower No. 3, at GTPS.”. Under the

scope of this tender the agency has to carry out the subject work as per all

items of Schedule B and as per detail technical specifications items. The

quantities taken under individual items are very tentative. However, the agency

has to carry out the works as per the Company‟s requirements.

The agency has to carry out the works as per item & specifications of the tender

by providing all materials of best quality and of standard manufactures as the

samples approved by EIC and providing best workmanship through expert

The agency has to carry out the works as per the priority & schedule given by EIC time

to time even in on or off working hours of the office. The agency will take complete care

and will not damage any other structure in premises of company.

The agency has to carry out all the works by taking all due cares of safety, security

norms, with all risks including scaffolding, strutting, shoring, etc up to any height

irrespective of quantum of the work.

Contractor has to make arrangement for workable site condition with

the co operation of departments of company and agencies, all necessary

arrangement to get work permit is to be made by contractor. Day to day

cleaning is required after completion of job. The removed materials and

any other unwanted materials are to be transported and taken away as

instructed by E.I.C.

All safety measures shall be taken by the contractor with his own cost.

The scope of work to be carried out by the Contractor shall also include

Clearance of the site, Disposal of debris, excavated material etc,

The major works involvement generally mentioned as here under-

 Civil Construction work i.e. Excavation for foundation, Providing and laying

 Contractor has to arrange the specialized manpower for Fixing of Pre-cast

Rubber Dye interlocking concrete block and kerb stone.

 Contractor has to arrange the specialized manpower for Fixing of HDPE

monofilament Yarn Insect Net as per IS 16513:2016.

 Cutting and removing of grass shrubs bushes from roots and spray of

 Spreading of Stone dust.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 309 PUR-F-006 RFQ-

Registration in VMS System

Additional Note: Vendor gets to register in VMS System through

vms.guvnl.com. For registration following documents are required and mail

to [email protected] and [email protected]. After registration

vendor have to upload the invoice in the VMS system for smooth functioning

of payment.

Documents required for Registration:

(1) PAN Copy

(2) GST Certificate Copy

(3) Email ID

(4) Full Name of Vendor

EW- 309 PUR-F-006 RFQ-

SPECIAL NOTE FOR PRE-QUALIFICATION

Mesh around Cooling Tower No. 3, at GTPS.”.

The tender documents are of two separate bids i.e. technical and price

bids. Bidder is requested to submit the technical bid with the following

credentials for post-qualification.

1. Bidder should produce evidence of having experience of successfully

completed having satisfactory progress of similar works as defined

hereunder, carried out in Central & State Government / Semi-

Government / GSECL / GETCO / DGVCL / MGVCL / UGVCL/PGVCL

during the last seven years ending last day of the month previous to the

one in which tender is invited. Bidder should submit self-attested copies

of documentary evidence, preferably photo copies of work completion

certificate, certificate regarding works on hand progressing satisfactorily

along with certificate of amount of work done, work order with Schedule-

B, etc. from the respective department. The amount of work completed

should be either of the following:-

a. Three similar completed works each costing not less than the

amount equal to Rs. 18,32,266.80/-

b. Two similar completed works each costing not less than the amount

equal to Rs.

c. One similar completed works each costing not less than the amount

equal to Rs.

2. Similar work means “Similar Works” experience means “work of Civil

construction/ building work / Renovation of Building work / Civil

maintenance works”. The works like painting, housekeeping,

landscaping will not be considered

3. Experience certificate of work executed with private firm shall not be

accepted. Experience as a joint venture or sub-contractor is not allowed

and price bid of such bidders will be rejected.

4. EMD: To pay EMD in form of DD OR in form of B.G. given by

bank as described in the Annexure – I.

5. Tender Fee: The tender fee shall be accompanied in the form

6. Separate employee‟s Provident Fund code number towards

registration of firm with Regional P.F. Commissioner.

7. Last three year Audited annual accounts, Positive net worth

certificate, and average annual turnover certificate certified by

chartered accountants as per qualification requirement.

 Financial qualification criteria:

1. The Average Annual Turnover of the bidder shall not be less

than Rs. 13.74 Lakh during the preceding three (3) financial years

as one date of Techno-Commercial bid opening.

EW- 309 PUR-F-006 RFQ-

2. Net worth of bidder shall not be less than 100% of the bidder‟s

paid up share capital as on the last day of the preceding financial

year. In case the Bidder meets the requirement of Net worth based

on the strength of its Subsidiary (ies) and/or Holding company

and/or Subsidiaries of its Holding Companies wherever applicable,

the Net worth of the Bidder and its Subsidiary (ies) and/or Holding

company and/or Subsidiary (ies) of the Holding Company, in

combined manner should not be less than 100% of their total paid

up share capital. However individually, their Net worth should not

be less than 75% of their respective paid share capitals.

Net worth in combined manner shall be calculated as follows:

Net worth (combined )= (x1+x2+X3)/(y1+y2+y3) X 100, where x1,x2,

x3 are individual net worth which shall not be less than 75 % of the

respective paid up share capitals and y1, y2, y3 are individual paid

up share capitals.

3. In case the bidder is not able to furnish its audited financial

statements on stand-alone entity basis, the unaudited

unconsolidated financial statements of the bidder can be

considered acceptable provided the bidder further furnishes the

following documents for substantiation of its qualification.

 Copies of the unaudited unconsolidated financial statements of

the bidder along with copies of the Audited consolidated financial

statements of its Holding Company.

 A Certificate from the CEO/CFO of the Holding Company,

stating that the unaudited unconsolidated financial statements

form part of the Consolidated Annual Report of the company.

4. In cases where audited results for the last preceding financial

year as on the date of techno-commercial bid opening are not

available, the financial results certified by a practicing Chartered

Accountant shall be considered acceptable. In case, Bidder is not

able to submit the Certificate from practicing Chartered Accountant

certifying its financial parameters, the audited results of three

consecutive financial years proceeding the last financial year shall

be considered for evaluating the financial parameters. Further, a

Certificate would be required from the CEO/CFO, stating that the

financial results of the Company are under audit as on the date of

Techno-commercial bid opening and the Certificate from the

practicing Chartered Accountant certifying the financial parameters

is not available.

The bidder must submit Average Annual Turnover and Net worth

Certificate in support of Financial QR, duly certified and verified for

authenticity from Independent Statutory Auditor of their company /

Practicing Charted Accountant/ C.A. Firms / TPIA (Third-Party

Inspection Agency ) empanelled / approved by GSECL along with

copy of Annual Audited Accounts of last three years.

EW- 309 PUR-F-006 RFQ-

8. Attested copy of relevant document duly signed and sealed on each and

every page shall be submitted.

9. Attach copy of GST Registration.

10. Details of orders for similar nature/jobs carried out along with

documentary Evidence, Performance Certificate and their organization set

up for such work executed in past there of indicating the Names of the

organizations, order no and date.

11. Bidder shall have to submit the PAN card No for Income Tax with

documentary proof.

12. Details of the partnership deed.

13. Details of Tools, tackles, equipments and personals available with firm

relevant to the job/subject matter.

14 Copy of the updated valid labor contract license from the appropriate

authorities and updated workman group insurance policy covering labor

15. The tenderer shall have to produce the document of last three years annual

account, i.e. profit & loss account and balance sheet, if the estimated cost of

tender is more than 50 lakhs along with technical bid.

16. Details of skilled/semi-skilled persons presently employed by the contractor

having sufficient knowledge of similar jobs.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

GSECL: GTPS

SIGNATURE OF CONTRACTOR

EW- 309 PUR-F-006 RFQ-

GENERAL INSTRUCTIONS TO THE BIDDERS

1. SUBMISSIOIN OF TENDER

The tender should be uploaded/ submitted online on n-procure process.

Technical bid cover:- This cover shall contain all relevant attested qualifying

documents as prescribed in tender notice along with tender fee & EMD. Bidder

shall have submit Tender Fee and EMD cover only, All other require document to

be upload on online (n)procure process only

Note: - If attested copies of qualifying documents stated as prescribed in

tender notice are not found in on-line Technical bid, but same should be

submitted by mail during scrutiny will be treated as final to consider the bid

for pre-qualification. Any missing documents, if required will be asked from

the bidder as mentioned in this tender elsewhere. If party has not submitted

tender in online is liable to be ignored.

Technical Bid

“Please note that the Notarized / self-attested copies of original required

documents should be invariably uploaded in n-procure portal before due date

and time in pdf form (Scanned copy). This is mandatory. No physical

documents are required to be submitted except tender fee and EMD.

Price bid:-

The price bid shall have to be submitted online only. The percentage rates and

price shall be written both in words, and figures and the units in words. In case of

any ambiguity or mistakes, the unit rates and prices written in words shall be

considered as final.

Offered rate shall include cost of all Materials, wastage of material , Labours for all

leads and lifts, Supervision, setting out works, Machinery and equipment with its

mobilization / demobilization, transportation charges, Clearing of the site both

prior to commencement and after completion of work. Consumables such as, but

not limited to petrol, oil, diesel, lubricants, drill bits, pipes, ropes etc. Construction

facilities such as scaffolding, tarpaulins, wind break, etc., Overheads / profits of

Contractor for due performance of the work under this contract.

Applicability of goods and service tax:-

1) The tenders shall be evaluated on firm price and cost with GST and cess as

applicable unless otherwise mentioned in the tender documents.

2) IF the supplier/contractor have opted for the composition scheme of GST, the same

must be clearly specified with valid declaration and certificate from department. In

the event of withdrawal/ cessation of the supplier from composition scheme during

the tenure of the contract, the rate(i. e. price) mentioned in the price bid shall be

final and any additional GST will have to be borne by the tenderer himself, In no

case additional amount towards GST or otherwise will be paid/reimbursed to

supplier/contractor.

3) The bidder shall have to inform their GST no. of the registered place(s) where from

the bidder intends to supply the goods/services, meaning there by the bidder has

to supply the goods/services from the relevant declared/ registered place(s) of

supply only.

4) The bidder shall not include GST in their quoted rates; but the bidder has to

separately indicate the GST rate, amount in the price bid schedule.

5) In-case Govt notification comes for change in GST , the same will be applicable.

6) Bidder should indicate GST no.( copy of GST registration to be enclosed) and PAN

NO. (copy of PAN to be enclosed) Tenders submitted without GSTIN No by the

firms, the offer will be rejected without entering into further correspondence.

Further information required, if any, can be had from the office of the Chief

Engineer, GSECL, GTPS. But it must be clearly noted that the tenders must be

received complete in every respect by the due date and time.

i. The bidder must clearly quote rates in figure as well as in words. In case of any

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discrepancy, whatever written in words shall prevail.

ii. No deviation in terms & conditions, Schedule-B and technical specifications will

be entertained. Any ignorance for this shall not relieve the contractor from his

contractual liability arising as per tender documents and conditions contained in

iii. The bidders are required to quote only firm prices. No variation will be accepted

on price/ raw materials/ finished products or on any other cause.

iv. The bidders should note that the completion of above mentioned works in all

respect in accordance with the time limit given is very important and should be

strictly adhered to. The work is to be completed in time limit from the date of

issue of written order to commence the work by the Chief Engineer (Gen.),

GSECL, Gandhinagar TPS.

v. The bids should be valid for a minimum period of 180 Days from the date of

opening of technical bid. During this period tenderer shall not be allowed to

withdraw their tender and if withdrawn, the Earnest Money Deposit submitted

with the tender will be forfeited.

vi. The works covered under these specification shall be carried-out and governed by

“Tender and contract for Works” booklet appended herewith except where

conditions specified in this specifications.

vii. The successful bidder shall have to enter in to an agreement for contract as per

G.S.E.C.L rules on a stamp paper of Rs.300/- and necessary stamp duty charge

shall be borne by the contractor/consultant.

viii. The complete specification comprises of the following.

Bill of Quantities (Schedule-B), instructions to the bidders, Tender specifications

and scope of work, Tender and contract for Works booklet, General Conditions,

Instructions to bidder & Technical specifications. All these sections are

complimentary to each other. The particulars and requirements contained herein

shall cover the execution of the works covered under these specifications.

ix. The tenderer must visit the site of works and see for him self the site conditions

regarding availability of approach road during all seasons and other matters

affecting the above works before submitting the tender.

x. The submission of tender by a contractor implies that he has read these

instructions the conditions of contract etc. and has himself aware of the scope

and specifications of the work to be done and of conditions and local conditions

and other factors bearings on the execution of the works. GSECL will not

therefore after acceptance of contractor's rate pay any extra charge for any other

reason; in case the contractor is found later on to have misjudged the site

condition.

xi. GSECL‟s authorized officers who accepts tender, shall have the right of rejecting

all or any of the tenders and will not be bound to accept the lowest offer nor to

assign any reason whatsoever for the rejection of any tender or all tenders.

xii. Bidders shall provide evidence of their continued eligibility to the satisfaction of

the owner.

xiii. Bidders shall not be listed under a declaration of ineligibility for corrupt or

fraudulent Practices issued by the Govt., the list of black listed Contractors

announced by GSECL (erstwhile GEB) Govt. of Gujarat or its Public Sector

undertakings or the contractors who are under stop dealing in GUVNL and /or

their any subsidiary company viz. GETCO/MGVCL/UGVCL/PGVCL/DGVCL.

xiv.The bid, and in case of a successful bid, the Form of Contract Agreement, shall

be signed with the name of Firm / company which will be legally binding on all

partners / parties.

xv.If the application is made by an individual, it shall be signed by the individual

above his full typed written name and current address.

xvi.If the application is made by a proprietary firm. It shall be signed by the

proprietor above his full typed written name and the full name of his firm with

its current address.

xvii.If the application is made by a partnership firm, it shall be signed by all the

partners of the firm above their full type written names and current addresses

or alternatively by partner holding power of attorney for the firm in which case

a certified copy of the power of attorney shall accompany the application. A

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certified copy of the partnership deed, full names and current addresses of all

the partners of the firm shall also accompany the application.

xviii. If the application is made by a limited company or a Corporation, it shall be

signed by the authorized person holding power of attorney for signing application

in which case a certified copy of the power of attorney shall accompany the

application. Such Limited company or Corporation may be required to furnish

satisfactory evidence of its existence before the pre-qualification evaluation. They

should also furnish Articles of Memorandum of Association. If the application is

made by group of companies, it shall be signed by the authorized person. The

authority letter shall be accompanied with the application.

1. SECURITY DEPOSIT

It should be mandatory to submit security deposit as per cl no.7 of Section C (i.e.

General condition of contract).

2. MAINTENANCE:

i] The contractor shall be responsible to make good and remedy at his own expense

any defect which may develop or may be noticed before the period mentioned

hereunder from the certified date of completion. The same shall be attended within

15 days of receipt of the notice. In the case of failure on the part of the contractor,

the Engineer-in-charge may rectify or remove or re-execute the work at the risk &

cost of the contractor. The Engineer-in-charge shall be entitled to appropriate the

whole or any part of the amount of security deposit towards the expenses, if any,

incurred by him in rectification, removal or re-execution. The defects liability period

shall be as under,

a) For all works costing up to Rs. 50,000 (amount put to tender), the period

shall be 03 months from the certified date of completion.

b) For all works costing more than Rs. 50,000 and up to Rs. 1 crore

(amount put to tender), the period shall be 06 months from the certified date

of completion OR one monsoon, whichever is later.

c) For major projects costing more than Rs. 01 crore, the period shall be

months from the certified date of completion which should include one monsoon.

d) For building works, the period specified in (a), (b) shall be same except that

time period shall be 12 months instead of 06 months OR (c) shall be same as above

except that time period shall be 03 years OR elapse of 3 monsoon periods from

certified date of completion whichever is later.

e) For original building works the defect liability period will be 03 years OR

elapse of 03 monsoon periods following date of possession of building taken over by

user agency OR 04 years or elapse of 04 monsoon period following the certified date

of completion whichever is later.

For the purpose of deciding monsoon period, the 30th September may be treated

as the last date.

f) For painting work (irrespective of amount put to tender): 1 year.

ii] For Water Proofing works guarantee period shall be kept as 5 (five) years

from actual date of completion. Besides above 5 years Performance bank

Guarantee (PBG) equivalent to 10% amount of estimate cost OR Work Order

cost whichever is more shall be submitted by the contractor prior to release

of final bill payment.

 Subsequently, if during the year (from date of completion of the work) no

leakage is observed in treated area, out of above 10% PBG, 2% amount shall be

released each year to the contractor on his written request.

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 In case of any leakages during the year is observed contractor must attend

the same during dry atmosphere but not later than 6 Months from date of

intimation & subsequently 2% PBG can be released.

 If contractor fails to attend the complaint, 2% PBG of respective year shall

liable to forfeit with written intimation to the contractor.

iii] Over and above 10% PBG, there shall be provision of 5% S.D. which shall be

released after 6 months from actual date of completion of work.

iv] For anti-termite treatment guarantee period shall be kept as 3 years, with PBG

& shall be released on completion of Guarantee period.

3. TIME LIMIT FOR WORK:

The scheduled time limit for the completion of work shall be 11 (Eleven)

Months calendar months from the date of issue of letter to commence the

work. However extension in time limit will be granted by GSECL for the

genuine reasons only as per terms of the contracts.

4. TERMS OF PAYMENTS:

Contractor shall be paid RA bill after observing GSECL‟s general procedure

and submission of bill by the agency. Also, 75% payment shall be made

immediately within a week period on receipt of recorded bill by Account

Section without checking of detail bill and compliance of queries & statutory

requirement. However, remaining balance 25% amount shall be released

only after through checking of detail bill and compliance of various quarries,

statutory compliance etc. The above payment term is applicable to all the

bills of general civil works & ARC/BRC works, provided the bills are

recorded regularly and submitted to Account Section within Ninety [90]

days. If the contractor fails to submit the bills regularly in such a way so

that the same cannot be recorded and submitted to account section within

Sixty [60] days, ad-hoc payment as stated above, may not be released and

payment will be released as per GSECL‟s general procedure. The period of

Sixty [60] days shall be considered from the date of receipt of last R.A. Bill

by Account Section.

5. METHOD OF PAYMENT:

a. The payment for the work done will be made by running bills every

month after taking joint measurement within 30 days.

b. Final bill will be paid within reasonable time after settlement of

material account by you and after recording of joint measurement.

6. “All bidders shall submit the details/documents in support of Technical

Qualification Requirements duly certified and verified for authenticity

from Specified Third-Party Inspection Agency (TPIA) or Statutory

Auditor of their Company or Practicing CA/CA Firm along with a

certificate regarding verification of authenticity of documents as per

the format placed at Appendix 1. All the documents submitted by the

bidder in support of meeting Technical QR shall be digitally signed by

the Specified Third-Party Inspection Agency (TPIA) or Statutory

Auditor of their Company or Practicing CA/CA Firm. In case

documents are certified & verified for authenticity through TPIA, the

verification and certification of authenticity of documents is

acceptable from any of the following TPI As:

1. M/s Competent Inspectorate and Consultants Pvt. Ltd, Hyderabad,

2. M/s Gulf Lloyds Industrial Service India Pvt. Ltd.-Ahmedabad.

3. M/s International Certifications Services.

4. M/s Intertek India Pvt. Ltd.

EW- 309 PUR-F-006 RFQ-

5. M/s SGS India Pvt. Ltd.

6. M/s Moody International (India) Pvt. Ltd.

7. M/s TUV SUD South Asia (P) Ltd.

8. M/s TUV Rheinland (India) Pvt Ltd.

9. M/s Bureau Veritas (india) Pvt. Ltd.

10. Hertz Inspection & services Pvt. Ltd.

11. IRCLASS Systems and Solutions Pvt. Ltd.

The Bidder shall be responsible to get their documents/ credentials verified

& certified by the Specified Third- Party Inspection Agency (TPIA) or

Statutory Auditor of their Company or Practicing CA/CA Firm in support of

Technical QR. All the costs pertaining to third party verification and

certification (including those by statutory auditors) shall be borne by the

Bidder. GSECL shall have no liability (financial or otherwise) towards the

same and shall not be liable for any claim/ dispute between the bidder and

the Specified Third-Party Inspection Agency (TPIA) or Statutory Auditor of

their Company or Practicing CA/CA Firm.”

The following website may be referred for contact details of above TPIAs:

http://nabcb.qci.org.in//accreditation/reg_bod_inspection_bodies.php.

This is to be implemented immediately.

EW- 309 PUR-F-006 RFQ-

Annexure-1

Undertaking from Third Party Inspection Agency/Statutory Auditor or

Practicing CA/CA Firm

(On letter head digitally signed by a person duly authorized to Sign on behalf of the

Ref: Date:

Power Station ……………….

Subject: Authentication of veracity of documents submitted by M/s …… in support

Meeting the Qualifying Requirements

Ref: Tender no. …………………..

Name of the Package/ Tender: ………………………………………

M/s. ……………… (here in after called Bidder) having Registered office at

…………………… intend to participate in above referred tender of GSECL.

The tender condition stipulates that the bidder shall submit supporting Documents

pertaining to Qualifying Requirement duly verified and certified by Third-Party

Inspection Agency (TPIA) or Statutory Auditor of their Company or Practicing

CA/CA Firm as per the list mentioned in the bidding documents.

In this regard, it is hereby confirmed that we have examined the following

documents, which are also attached with this letter. The same has been verified

from the Original Documents and / or Client for authenticity.

We hereby confirm that the following documents are found to be genuine and

authentic.

1. Doc ref. no. ……….. Dated …….. (Name of Documents)

2. Doc ref. no. ……….. Dated …….. (Name of Documents)

All the aforesaid documents have been digitally signed by us as a certificate of

authenticity.

We further confirm that we neither have any vested interest in aforesaid tender nor

have any conflict of interest in respect of above tender.

This certificate is issued at the request of M/s ………………. (Bidder) for the

purpose of participating in the subject tender/s

Thanking you,

EW- 309 PUR-F-006 RFQ-

1. ASSIGNMENT:

The rights and liabilities of the contractor shall not be assigned or transferred by

them without the consent in writing of the GSECL to any other person, firm or

organization.

2. The successful Bidder, on receipt of letter of intent will submit within a

week's time his planning / programme of works, for scrutiny of the GSECL in a

Bar Chart format, clearly indicating GSECL's inputs also. Contractor will plan his

works such that simultaneous work should progress in such a way that entire job

is completed in scheduled time limit on all the fronts released by GSECL.

3. The successful bidder will have to depute his authorized representative to

attend progress review meetings to be held at GSECL, Gandhinagar TPS without

any extra cost.

4. The Contractor will be responsible for complying with all rules and

regulations and labour laws applicable to him and the GSECL will not be

responsible for any lapses committed by them. If there is any claim from any

Government authority pertaining to the contract, the same amount will be

deducted from the Contractor's bill.

5. The time limit for completion of work is stipulated as in the tender will be adhered

6. The Contractor's rates should be firm and no variation clause is to be quoted

by the Contractor and GSECL will not accept the same, during contractual period

including extended time limit if any.

7. BIDDER TO STUDY, ANALYSE & CONSIDER:

a) The information given in this specification is in good faith and meant to

serve as a guide to the Bidder. It is, therefore, imperative that Bidder shall obtain

and examine for himself all the data, information and particulars required for the

satisfactory execution of the work under this tender. The submission of a bid by

Bidder implies that he has fully read the specifications, bid drawings, instruction

to the bidder along with Contract Document and Conditions of Contract,

applicable labour laws, safety norms etc., and has made himself aware of the

scope and the specifications for the work to be performed and local conditions and

other features which have a bearing on the cost and execution of the work. This

specification is intended as a general description of quality envisaged for materials

and workmanship and of the finished work. It is not intended to cover minute

details. The work shall be executed in accordance with the best modern practice

and to the complete satisfaction of the Purchaser. Special techniques approved by

the Purchaser shall be used if and where found necessary. This specification shall

have precedence if anything contrary to this is stated elsewhere in the contract

documents. The Purchaser‟s decision shall be final and binding on the contractor

on any issue arising out of such discrepancies.

b) Inspection of site by bidder:

Before submission of his bid, Bidder shall inspect the site, examine and obtain all

information required and satisfy himself regarding matters such as:

 weather characteristics,

 Location of site and access, right of way, means of communication & mode of

Transport to site,

 The type and number of equipment and facilities required

 The quantity of various items of the work.

 The availability and rates of material.

 Labours condition.

 Local working conditions, obstructions and hindrances that may arise etc.

 Power house, which is under running conditions.

 Required GSECL‟s security checks.

 All materials brought to site only after making entries in security register at

Control gate

c) These factors are likely to affect the satisfactory completion of work and or

cost thereof. The submission of a bid by the Bidder will be construed as

EW- 309 PUR-F-006 RFQ-

evidence that such an examination was made and any later claims/ disputes

in regard to rates quoted shall not be entertained or considered by the

d) The site visit shall be done by the bidder on his own responsibility and all

liabilities including cash, arising out of the site visit shall be at the bidder‟s

e) Contractor‟s scope of work shall also include making all necessary

arrangements for access to work sites, stores and site offices etc. from the

nearest approach road to facilitate transportation of man power, machinery

and equipment duly considering the existing site conditions. No extra claims

/ costs will be entertained by GSECL.

f) The bidder shall carefully study the work to be carried out & consider all the

factors & shall take into account &consider all the factors such as lead, lift

haulage of materials, sequence of construction, etc. & shall allow for all such

information / data in the rates quoted.

g) The GSECL will not pay any extra charges or rate for any reason in case the

contractor claims, after acceptance of contract to have misjudged the site

condition. Ignorance of the intents and contents of the specification

document and site conditions shall not be accepted by the Owner as basis

for any claims for compensation.

h) BIDDER shall inspect the site, examine and obtain all information required

and satisfy himself regarding matters such as sub-surface conditions, water

records, access to site, communication, transport, right of way, the type and

number of equipment and facilities required for the satisfactory completion

of work, the quantity of various items of the work, the availability and rates

of material, local working conditions, uncertainties of weather, obstructions

and hindrances that may arise etc. which may affect the work or cost

thereof, before submission of his bid. Ignorance of site conditions shall not

be accepted by the ENGINEER IN CHARGE as basis for any claim for

compensation.

i) The rates quoted by BIDDER shall be based on his own knowledge and

judgment of the conditions and hazards involved and shall not be based on

any representations of the Engineer in Charge. No claim on this account

shall be admitted by the GSECL.

j) The bidders shall submit on online in n-procure with their offer without any

deviations in general terms and conditions of the contract or in technical

specifications.

k) Tenders received after the time and date specified in the tender notice will

not be accepted. Once the offer is submitted by bidder before due date of

submission, the bidder shall not be allowed to submit revised/ additional/

modified offer even before due date and time of submission of tender.

However, if the date of issue and/or submission of tender are extended by

the Corporation due to any reason, the bidder may submit if their wishes the

revised/additional/modified offer before extended due date and time of

submission.

l) The Corporation reserves the right to accept any tender irrespective of

whether it is lowest or not or to reject all the tenders without assigning any

reasons thereof. Tenders deferring from the technical specifications or the

method of bidding in a radical manner may also be rejected.

m) The bidder shall be presumed to have carefully examined the drawings,

conditions & specifications of work & to have fully acquainted themselves

with all details of the site conditions, locations, materials, geological &

weather characteristics, labour conditions & in general all the necessary

information and data etc. pertaining to and need for the work.

n) This specification is intended as a general description of quality envisaged

for materials and workmanship and of the finished work. It is not intended

to cover minute details. The work shall be executed in accordance with the

best modern practice and to the complete satisfaction of the Purchaser.

Special techniques approved by the Purchaser shall be used if and where

found necessary. This specification shall have precedence if anything

EW- 309 PUR-F-006 RFQ-

contrary to this is stated elsewhere in the contract documents. The

Purchaser‟s decision shall be final and binding on the contractor on any

issue arising out of such discrepancies.

o) Each bidder shall also submit a 'Declaration' to the effect that the tenderer is

an engineering construction firm or an association of firm or firm which has

successfully carried out large works of this nature and has adequate

organization and experienced personnel to handle this type and magnitude

of work. Information should also be given regarding the constitution of the

firm; it‟s authorized, subscribed & paid up capital, the date & place of

registration, the place of business, the names of the directors and other

relevant information.

p) It is the intent of the ENGINEER IN CHARGE to incorporate these

specification documents in the final „Contract‟. BIDDERS are required to

review these documents and clearly state in their proposals their acceptance

of the same.

q) Each page of the bid document including the bid drawings shall be signed,

stamped and dated in ink by the BIDDER as a token of having examined the

same. Any correction in price and the rates entered in the Schedule of Price

shall also be signed and dated by the BIDDER in ink, before submitting the

bid. Non-compliance with this condition will make the bid liable for

rejection.

r) All safety measures as required to be adopted as per the Statutory

Regulations and the Safety Rules of the Plant shall be strictly followed by the

Contractor during the execution of the Contract. The Contractor shall set up

a suitable safety organization of his own in this regard.

s) In connection with the execution of the Contract, the Contractor shall

comply with all applicable statutory Rules & Regulations including

employment of labours at site.

t) The Contractor shall carry out any and all such works, as may be required,

for civil work to be completed in all respect as per the Contract Specification.

u) If the GSECL Engineer-in-Charge is not satisfied with the progress of work at

site, he shall direct the Contractor to depute more numbers of supervisory

personnel/workers to meet the completion schedules as per the Contract.

Upon receiving such direction, Contractor shall deploy additional personnel

within 7 days without any extra cost.

v) The GSECL may during the progress of work, order the removal of part or

whole of the work executed, found not in accordance with the specifications/

instructions. No extra claims shall be entertained for re-executing or altering

of such work.

8. SAFETY MEASURES:

The contractor shall ensure the safety of workers, material and structure

including existing structures during execution of the contract. Safety

measures shall be followed during operations of equipments/machinery

being used. No separate payment shall be made for the safety measures and

the quoted rates shall include the cost for all safety measures.

9. COMPLETENESS:

Any technical services as set forth here in above and which might not have

been specifically mentioned in this Contract relating to the work or in the

specifications and which are not expressly excluded therefore but which are

necessary for the performance in accordance with the specifications as an

integral part of the painting and misc. Civil works shall be rendered by the

Contractor without any extra cost.

10. TOTAL RESPONSIBILITY

The Contractor shall be solely responsible for the entire technical works /

services irrespective of works / services have been made /rendered by him.

11. PAYMENT TO THE LABOURES:

(a) Contractor has to pay the CPF as well as salary to his skilled/unskilled

manpower by cheque A/c payee only, as per minimum wages &

prevailing applicable rules on or before 7th day of next month.

(b) Contractor has to produce challan of PF with list of employees.

EW- 309 PUR-F-006 RFQ-

(c) Contractor shall have to make payment to his labours in presence of

Personal Officer (Estt.) GSECL, Gandhinagar TPS.

12. CONTRACT AGGREMENT ON ACCEPTANCE:

 The successful contractor will have to sign an agreement as per the Gujarat

State Electricity Corporation Ltd.'s rules on stamped paper and the

necessary stamp duty charges shall be borne by the contractor.

 On acceptance of the tender the name (s) of the accredited representative

(s) of the tenderer who would be responsible for taking instructions from

the Engineers of the GSECL shall be communicated to Chief Engineer

(Gen.) Gandhinagar Power Station, Gujarat State Electricity Corporation

13. Unsatisfactory progress of the work:

If the work is found not progressing as per the requirement or found not

satisfactory then GSECL will take such action to get the work done through

the other agency at agency‟s risk and cost with 15% supervision charges

and same will be recovered from agency.

14.The EMD will be returned promptly to the unsuccessful bidder except that of

L1, L2 & L3 till the successful contractor pays the Security Deposit as

mentioned in tender document or after the expiry of the validity of the offer,

whichever is earlier.

The EMD will be returned to the successful tenderer after he furnishes the

Security Deposit for the tender work. If he fails to furnish the SD, his EMD

shall be forfeited and the tenderer will not be allowed to participate in the

tenders invited by this office for a period of ONE Year in respective Power

The EMD in form of Bank Guarantee shall be valid for Ten Months from

the date of submission of the tender.

15. Effect and validity of Bid: The submission of bid with these documents and

specification shall constitute an agreement that bidder shall have no cause of

action or claim against the GSECL for rejection of his bid. The GSECL shall

always be at liberty to reject or accept, split any bid or bids at its sole discretion

and any action will not be called into question and the bidder shall have no claim

in that regards against the GSECL.

16. Stop Deal / Banned for business dealing / Blacklisting :-

 Has submitted fake, false or forged documents/certificates

 Has revised/ withdrawn price bid after opening of Techno-commercial bid,

until and unless it is sought for,

 Has tempered with the stipulated tendering procedure.

 Has refused to accept Letter of Acceptance / Purchase order / Work Order

after the same is issued by the company within the validity period and as

per agreed terms and conditions,

 Has committed breach of contract or has failed to perform a contract or

has abandoned the contract,

 Has failed to provide suitable expertise for the work as per pre-scheduled

 Has failed to submit all the necessary tests reports / documents within

time scheduled / as per company‟s time limit, as mentioned in the LOA, if

the Letter of Acceptance (LOA) is placed subject to submission of type

reports / documents to the firm.

 Has indulged in construction and erection of defective works.

 Has supplied inferior quality / defective materials and refused to replace

with stipulated time frame, as specified by the company,

 Has substituted materials in lieu of materials supplied by the company or

has not returned or has short returned or has unauthorisely disposed of

materials / documents / drawings / tools or plants or equipment supplied

by the Company,

EW- 309 PUR-F-006 RFQ-

 Has involved in malpractices such as bribery, corruption, fraud,

canvassing and pilferage,

 Has unauthorisely obtained official company information or copies of

documents, in relation to the Tender / Contract.

 Has failed to follow the stipulated mode of communication, if specified by

the tendering authority / Purchaser.

 Has parted with, leaked or provided confidential / proprietary information

of the company given to the firm only for its use (in discharge of its

obligations against an order) to any third party without prior consent of the

 Any other ground for which in the opinion of the Company makes it

undesirable to deal with the Firm

 In case the state Government directs the Company to place a firm in stop

dealing / banned for business dealing / blacklisting.

Conflict of Interest among Bidders / Agents

A bidder shall not have conflict of interest with other bidders for particular

quoted item. Such conflict of interest can lead to anti-competitive

practices to the detriment of Procuring Entity's interests. The bidder found

to have a conflict of interest shall be disqualified. A bidder may be

considered to have a conflict of interest with one or more parties in this

bidding process for particular quoted item, if:

a) They have proprietor/partner(s)/Director(s)in

common; or

b) They receive or have received any direct or indirect

subsidy/financial stake from any of them; or

c) They have the same legal representative/agent for purposes of this

d) they have relationship with each other, directly or through common

third parties, that puts them in a position to have access to

information about or influence on the bid of another bidder, or

e) bidder participates in more than one bid in this bidding process.

Participation by a bidder in more than one Bid will result in the

disqualification of all bids in which the parties are involved.

However, this does not limit the inclusion of the components/ sub-

assembly/ assemblies from one bidding manufacturer in more

than one bid.

f) In cases of agents quoting in offshore procurements, on behalf of

their principal manufacturers, one agent cannot represent two

manufacturers or quote on their behalf in a particular tender

enquiry. One manufacturer can also authorise only one agent/

dealer. There can be only one bid from the following:

1. The principal manufacturer directly or through one Indian agent

on his behalf; and

2. Indian/foreign agent on behalf of onIy one principal.

g) A Bidder or any of its affiliates participated as a consultant in the

preparation of the design or technical specifications of the contract

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that is the subject of the Bid;

h) in case of a holding company having more than one independently

manufacturing units, or more than one unit having common

business ownership/ management, only one unit should quote.

Similar restrictions would apply to closely related sister

companies. Bidders must proactively declare such sister/common

business/ management units in same/ similar line of business.

i) Bidder shall not act in contravention/violation to the provisions of

competition act, as amended from time to time.

Every bidder should, at the time of submission of bid, give a

declaration, that bidder shall not have conflict of interest with other

bidders for particular quoted item, as above.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

GSECL: GTPS

SIGNATURE OF CONTRACTOR

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SECTION-C:

 GENERAL CONDITIONS OF

EW- 309 PUR-F-006 RFQ-

GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS :

(a) The Contract means the documents forming the tender and acceptance

thereof, together with the documents referred to therein or individual work

order in the case of term contract, including these conditions, schedules

and/or additional conditions attached to the form of tender or individual

works, order, rate schedule, the specifications and the drawings and all

these documents, as applicable, taken together shall be deemed to form

the contract.

(b) The “Tender Document” means the form of tender, the applicable

schedules and/or additional conditions and the specifications and/or

drawing as issued to the contractors for the purpose of preparing tender.

(c) The expression “Works” or “Work” when used in the condition of contract

shall, unless there be something in the subject or context repugnant to

such construction means, the works or the work contracted to be

executed under or in virtue of the contract whether original or altered.

(d) The “Contractor” means the individual or firm or Corporation, whether

incorporated or not, undertaking the words and shall include his or its

legal personal representatives, successors and permitted assignees.

(e) “Corporation” means The Gujarat State Electricity Corporation Ltd. and

the “Accepting Officer” means the Officer who is authorized to sign and

signs the contract on behalf of the “Corporation”.

(f) The letter “EE” means Executive Engineer who in the case of

measurement and lump sum contract, direct the contract and the letters

“SE” means Superintending Engineer and “GM” means General Manager

who administers and in the case of the term contracts, directs the

(g) The “Engineer-in-charge” means all officers of the Corporation appointed

by the General Manager to supervise the works or part of the works.

(h) “Approved” and “Directed” means the approval or direction of the Chief

Engineer (Gen), Gandhinagar TPS to Superintending Engineer or the

person deputed by him for the particular purpose.

(i) “BS.” means “British Standards” as issued by the British Standards

Institution. “A.S.” means the “American Standards” as issued by the

American Standards Institution, and “I.S.” means the “Indian Standards”

as issued by the Indian Standards Institution. Wherever the above-

mentioned abbreviations are referred to, in the specifications and/or work

orders, they mean the addition with all amendments current at the date of

issue of tender document of work orders.

(j) In the case of measurement and terms of contract “Specifications” mean

those contained in Gujarat State Electricity Corporation Ltd. scheduled

together with any amendments etc. embodied in the tender documents.

“Drawing” refers to those incorporating the tender documents and/or any

work orders referred therein.

(k) The “Contract Sum” means the sum accepted or the sum calculated in

accordance with the prices accepted in the tender and/or the contract

rate as payable to the contractor for the full and entire executing and

completion of works.

(l) “The date for completion” is the date or dates of completion of the work or

any part of the works set out or ascertained in accordance with the

individual work orders and the tender documents or any subsequent

agreed amendments thereto.

2. CONTRACTOR TO INFORM HIMSELF FULLY:

A. Notwithstanding anything contained to the contrary in the specifications

or tenders in subsequent exchange of correspondence, the conditions of

contract shall be binding on the Contractor and any change or variation

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expressed or implied, however made in the said conditions, shall not be

valid or operative unless expressly sanctioned by the Corporation. The

Contractor shall be deemed to have fully informed himself and to have

special knowledge of the provisions of the conditions of the Contract

herein contained.

B. The contractor shall be deemed to have carefully examined the work and

site conditions, the general conditions, the special conditions,

specifications, schedules and drawing and shall be deemed to have

visited the site of the works and to have fully informed himself

regarding the local conditions.

C. If there shall have any doubt as to the meaning of any portion of these

general conditions or special conditions of the scope of work of the

specifications or any other matter concerning the contract, he shall in

good time before submitting his tender, send for the particulars thereof

and submit them to the Engineer-in-charge in writing in order that

such doubt may be removed.

3. CONTRACT DRAWING AND SPECIFICATIONS:

 The contractor will be entitled to receive one set of agreement along with

one certified copy of accepted tender.

 The drawings which form part of these specifications show the work to be

done in as much detail as is possible at the present stage. They will be

supplemented by such additional detailed drawings as may be necessary

as the work progresses. The contractor shall perform the work on these

features and in accordance with these additional or revised drawings as

the case may be and at the applicable rates as per the contract.

 The contractor shall check all drawings carefully and shall bring to the

notice to the Engineer-in-charge immediately of any errors or omissions

discovered. The contractor shall not take advantages of errors or

omissions of any kind in the drawings supplied.

4. INPUTS BY GSECL:

The electric power supply and connection for construction / work purpose

shall be given at one mutually agreed point at work site free of cost by the

GSECL. Further extension for construction site as well as bore well site

for using construction water will have to be carried out by the contractor

as per requirement at their cost. The necessary electric charges will be

paid by the contractor as per rates prevailing from time to time in the

respective DISCOM.

1. If there are any surplus quarters available after meeting the requirement

of GSECL's staff, then GSECL will consider allotment of quarters on rent

as per GSECL's rule.

2. The contractor will have to make their own arrangement of water for

construction work as well as for their labourers at his own cost. If

possible, water for construction purpose only at one point as decided

by EIC and recovery for water charges shall be affected at the 2 % of

the item of which water is used or by quantity measured by meter

reading of water meter installed by contractor, rate of water supply

will be charged at prevailing purchase rates of GSECL, for water

supplied by GSECL is used as certified by EIC. In case of agency is

installing bore well and pumps at his cost, after completion of work

agency will hand over the bore well in good condition with pumps to

the GSECL.

5. DATA TO BE FURNISHED BY CONTRACTOR:

 The contractor shall submit to the Executive Engineer for approval within

one week of the date of contract, a layout plan of construction plant

and equipment for the execution of work which the contractor

proposes to adopt at site.

 Prior to commencement of work, the contractor shall submit to the

Executive Engineer for approval, plans in triplicate showing the location

of Major plant shop and storage buildings, storage yards, offices,

contractor's power house including its services and housing facilities

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which he proposes to put up at site and also indicate the programme of

 The successful bidder on receipt of letter of intent will submit within a

week's time his planning/programme of works for scrutiny of GSECL in a

PERT/Bar chart format, clearly indicating GSECL inputs also.

 Contractor will plan his works such that on all the fronts released by

GSECL, simultaneous work should progress in such a way that entire

job is completed in scheduled time limit.

 No change in the approved layout shall be carried out without specific

written approval of the Executive Engineer.

6. ERRORS, OMISSIONS AND DISCREPANCIES:

In all cases of errors, omissions, doubts or discrepancies in the

dimensions, or discrepancies in the drawings and items of work in

specification, reference shall be made to the Executive Engineer whose

elucidation and elaboration shall be considered as authoritative. The

contractor shall be held responsible for any error that may occur in the

work thorough lack of such reference and precautions.

7. SECURITY DEPOSIT:

SECURITY DEPOSIT: In tender process for L1 bidder (lowest

bidder) security deposit will be charged as per table below:

Category of the Unit Security Deposit

Works up to Rs. 5 Works More than

Lakh Rs. 5 Lakh

Enterprise or Exempted 3% of Order Value

Organization which are

exempted from paying

Tender Fee & EMD

For all other 5% of Order Value 5% of Order Value

Enterprises

Note: Security Deposit will be collected from the successful tenderer at the

rates mentioned above. This may be recovered by deduction through

running bills of the contractors and / or by treating the Earnest Money

Deposit (Bid Security) paid at the time of submission of the tender.

After issue of Work order and Date of commencement, if successful bidder failed to

start the work then, RPAD notice will be issued to the successful bidder mentioning

that on failing to start the work within next 07 days from the date of issue of RPAD

Notice the EMD will be forfeited and he will not be allowed to participate in the

tenders invited from Gandhinagar TPS office for the period of One year.

The security deposit of the contract value shall be released on finalization of final

bill / successful completion of the work.

All damages, costs, charges, expenses and other sums which may be or may

become due or payable by the contractor to the Corporation under the terms of the

contract, may be deducted from the cash in the proceeds of sale of the

securities/bank guarantee so deposited (which the officer or person to whom the

same may be endorsed as aforesaid is hereby authorized to sell/to encase for that

purpose) or from the interest of any such securities or from any sums due or which

may become due to the contractor by the Corporation or from the whole or the

balance unpaid as aforesaid of the encase securities so deposited being repaid or

transferred and returned as the case may be, to the contractor on finalization of

final bill OR after 06 (six) months of successful completion of the work, whichever

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later OR on furnishing of the Performance Bond amounting to 5% of contract value

against the defect liability period as mentioned in this document elsewhere.

If entire security deposit is paid in approved form of Bank Guarantee should be

remain valid during the contractual period and such bank Guarantee should not be

reduced on the basis of the work actually done.

8. USE OF LAND:

The land required for office, godowns and for labour camp if not available with

GSECL, then the contractor has to arrange the same at his cost. GSECL will give

the land only if the spare land is available with the following conditions.

The contractor shall be permitted to use for the bonafide purpose of execution of

this contract free of cost. The contractor shall be permitted to use for the bonafide

purpose of execution of this contract free of cost.

1. Site required for the construction of the work.

2. Required approach road. The contractor shall make their own arrangements

for the necessary approach, road, for transport of their materials and be

responsible for the compensation on account of damage to crop etc. and shall till

completion of work.

3. He will be charged the rent at the annual rate of rupees one hundred per

every acre or part thereof, for the construction of temporary hutments and his

store yard. However area required for such purpose may be clearly indicated in this

 All areas of operation, including those for his staff and labour colonies

handed over to the contractor shall be cleared and handed over back in good

condition to the Engineer except areas under works as per this contract or those

for which specific approval has been obtained from the Engineer. The contractor

shall make good to the satisfaction of the Engineer any damage or alternation made

to areas which he has to hand over back or to other property land handed over to

him for purpose of this work.

 Temporary structures may be erected by the contractor for storage

sheds, offices, residence etc. for noncommercial use on the land, handed over to

him at his own expense and with the permission of the Engineer. These structures

shall comply with the regulation that may be in force and/or specified by the

Engineer with regard, thereto. In any circumstances for constructing temporary

structures for contractor's use, GSECL's free supply materials shall not be used. If it

is found that GSECL's free supply materials are used for other than approved

project drawings work, same will be recovered at

penalized rate.

 The contractor shall preserve all existing vegetation such as trees on or

adjacent to the sites which do not interfere with the construction as determined

by the Engineer.

The contractors shall take all possible precautions in felling trees

authorized for removal to avoid any unnecessary damage to vegetation

and trees not to be felled and to structures under construction, or to

workmen, and shall be responsible for any damage if it occurs in such

operations

 All produce from cutting of trees; grass etc. shall be the property of

GSECL and shall be stocked at the place specified by the Engineer. No

claim shall be made for such cutting and stacking of trees or grass etc.

by the contractor

 The contractors shall not unnecessarily or for use as fuel, cut any

trees brush wood, grass or other vegetation nor shall set fire there to

without the written permission of the Engineer. When such

permission is given, the contractor shall take necessary measures to

prevent damage or to prevent fire spreading to surrounding property,

and shall be responsible for any such damage, if cause.

 The land shall as herein before mentioned be handed back to

Engineer in Charge immediately after the completion of the work

under this contract. Also no land shall be held by the contractor

longer than the Engineer shall deem necessary and the contractor

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shall, on due notice by the Engineer, vacate and return the land which

the Engineer may certify as no longer required by the contractor for

purpose of the work.

9. START OF WORK:

The contractor shall not enter upon or commence any portion of work

except with the written authority or instructions of the Executive

Engineer or his subordinate in charge of the work, failing such the

contractor shall have no claim to ask for measurement or payment for

work and shall be responsible for any claims or damages that may arise

due to such unauthorized commencement or entry.

10. COMPENSATION FOR THE DELAY:

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 contract be proceeded

with all due diligence (time being deemed to be the essence of contract)

and for delay, the contractor shall pay compensation, an amount equal

to ½ (half) percent per one week for the contract amount or part thereof,

including taxes & duties ( i.e. End cost of contract amount including

taxes & duties) and maximum up to 10 % of the order value, including

taxes & duties ( i.e. End cost of contract amount including taxes &

duties) or such smaller amount as per the decision of the Competent

Authority of the GSECL The penalty will be invariably deducted from the

bills of the contractor and no refund will be given unless the competent

authority approves the reduction. The reasons for delay, attributable to

GSECL as well as to party will be brought out clearly while putting the

proposal for waiver/reduction in penalty.

11. ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

In any case in which under any clause or clauses of this contract the

contractor shall have tendered himself to pay compensation amounting

to the whole of his security deposit (whether paid one sum) or in the case

of abandonment for the work owing to serious illness or death of the

contractor or any other cause, the Executive Engineer on behalf of the

Corporation, shall have powers to adopt (a) below and any of the

following courses under (b) and (c) as he may deem best suited to the

interest of the Corporation.

(a) To rescind the contract (for which rescission notice of 10 days) in writing

to the contractor under the hand of the Executive Engineer shall be

conclusive evidence and in that case the security deposit of the

contractor shall stand forfeited and absolutely at the disposal of the

Corporation. To employ labour paid by the Corporation, to supply

materials, to carry out the works or any part of the work debiting the

contractor with the cost of the labour and the price of the materials (as to

the correctness of which cost and price, the certificate of the Executive

Engineer shall be final and conclusive against the contractor) and

crediting him with 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 this contract and in that case the

certificate of the Executive Engineer as to the value of the work shall be

final and conclusive against the contractor.

(b) To order that the work of the contractor be measured up and to take

such part thereof, as shall be unexecuted, out of his hands and to give it

to another contractor to complete, in which case, any expenses, which

may be incurred in excess of the sum, which would have been paid to the

original contractor, if the whole work would have been executed by him

(as to the amount of which excess expenses, the certificate in writing of

the Engineer-in-charge shall be final, conclusive and shall be borne and

shall be paid by the original contractors and shall be deducted from any

money due to him by the Corporation under the contract or otherwise

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from his security deposit of his proceeds sale thereof or a sufficient part

(c) In the event of the above courses being adopted by the Executive

Engineer, the contractor shall have no claim to compensation for any loss

sustained by him by reason of his having purchased or procured any

materials or entered into any engagements or made any advances on

account of or with a view to the execution of the work or the performance

of the contract. And in case the contract shall be rescinded under the

provision aforesaid, the contractor shall not be entitled to recovery or be

paid any sum for any works thereof actually performed by him under this

contract unless and until the Executive Engineer shall have certified in

writing the performance of such work and the amount payable to him in

respect thereof and he only be entitled to be paid the amount so certified.

12. NOTICE UNDER UNSATISFACTORY PROGRESS:

If the progress of a particular portion of the work is unsatisfactory, and

also if as per the opinion/observation of the Executive Engineer (whose

decision shall be final) in charge that the general progress of work is not

satisfactory, then Executive Engineer in charge shall be entitled to take

action under clause 11 (c) after giving the contractor ten days‟ notice in

writing and the contractor will have no claim for compensation for any

loss sustained by him owing to such action.

13. ACTION IN THE CASE OF DEFAULT BY THE CONTRACTOR :

In any case in which any of the powers conferred upon the Executive

Engineer by Clauses 11 and 12 hereof shall have exercisable and the

same shall not have been exercised, the non-exercised thereof shall not

constitute a waiver of any of the conditions hereof and such powers shall

not withstanding be exercisable in any further case of default by the

contractor of which, by any clauses hereof, he is declared liable to pay

compensation amounting to the whole of his security deposit and

liability of the contractor for past and future compensation shall remain

unaffected in the event of the Executive Engineer taking action under

sub-clause (a) or (c) of Clause 11, he may if he so desires, take

possession of all or any tools, plants, materials, and stores in so upon

the work or the site thereof belonging to the contractor, or procured by

him and intended to be used for the execution of the work of any part

thereof paying for allowing for the same in account at the contract rates,

or in the case of a contract rates not being applicable of current market

rates to be certified by the Executive Engineer whose certificate thereof

shall be final. In the alternative, the Executive Engineer may by notice in

writing to contractor or his clerk of works, foreman or other authorized

agent, require him to remove such tools, plant, materials or stores from

the premises within a time to be specified in such requisition, the

decision to the contractor failing to comply with any such requisition,

the decision of the Executive Engineer as to the expense of any such

removal and the amount of the proceed and expense of any such sale, be

final and conclusive against the contractor

14. EXTENSION OF TIME LIMIT

If the contractor shall desire an extension of the time limit for completion

of the work on the ground of his having been unavoidably hindered in its

execution or on any other ground, he shall apply in writing to the

Executive Engineer and the Executive Engineer may, if in his opinion

there are reasonable grounds for granting extension, recommend such

extension as he may think necessary or proper. The decision of the

competent authority in this regard shall be final, and binding to the

contractor. Any delay attributed to Corporation, shall be thus

compensated only by way of extending the limit.

15. COMPLETION CERTIFICATE

On completion of the work, the Contractor shall be furnished with

Completion Certificate by the Executive Engineer. No such certificate

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shall be given nor shall be the work considered to be completed until

works are taken over and/or duly tested and put to operation as the case

may be, nor until the work shall have been measured by the Engineer-

in-Charge or where the measurement have been taken by his

subordinates until they have received the approval of the Executive

Engineer the said measurement being binding and conclusive against

the contractor.

16. EFFECT OF THE CERTIFICATE :

No payment shall be made for any work estimated to cost less than

Rs.1,000 till after the whole of said work shall have been completed and

a certificate of completion given. But in the case of works estimated to

cost more than Rs.1,000, contractor shall on submitting a monthly bill

thereof, be entitled to receive payments. Proportionate to the part of the

work then approved and passed by the Engineer-in-Charge, whose

certificate of such approval and a passing of the sum so payable shall be

final and conclusive against the contract. All such intermediate payment

shall be regarded as payment by way of advance against the final

payment only and not as payments for work actually done or completed

and shall not preclude the Engineer-in-charge from requiring bad,

unsound, imperfect or unskillful work to be removed and taken away

and reconstructed or re-erected nor shall any such payment be

considered as admission of the due performance of the contract or any

part thereof in any respect of the occurring of the claim nor shall

conclude, determine or effect in any way the powers of the Engineer-in-

Charge as to the final settlement and adjustment of the accounts

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 work; otherwise the certificate of the Engineer-in-

charge of the measurement and of total amount payable for the work

charge of the measurement and of total amount payable for the work

shall be final and binding on all parties.

17. PAYMENT TO CONTRACTORS :

The rates for several items of works estimated to cost more than Rs.1,

000 agreed to within shall be valid only when the item concerned is

accepted, having been completed full, in accordance with the sanctioned

specification. In case, where the items of the work, are not accepted, as

so completed, the Engineer-in-charge, may make payment on account of

such items at such reduced rates, as he may consider reasonable in the

preparation of final or running accounts bills and it will be binding to the

contractor.

18. BILLS :

The Bill Shall be submitted by the contactor each month on or before the

date fixed by the Engineer-in-charge, for all works, executed in the

previous month and the Engineer-in-charge shall take or cause to be

taken the requisite measurement for the purpose or having the same

verified and the claim so far as it is admissible, shall be adjusted, if

possible, within Fifteen days from the presentation of the bills. If the

contractor does not submit the bill, within the time fixed, as aforesaid,

the Engineer-in-charge may depute a subordinate to measure up the

said work in the presence of the contractor or his duly authorized agent,

whose counter signature in the measurement shall 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. In case if contractor/

representative does not remain present on specified date for taking

measurement than EIC may take the measurement one sided and the

same shall be binding to the contractor irrespective whether he has

signed or not.

19. SUPPLY OF MATERIALS TO CONTRACTOR [APPLICABLE ONLY

WHERE MATERIAL IS TO BE SUPPLIED BY CORPORATION AS

MENTIONED IN SCHEDULE A ]

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If the specification of the estimated work provides for use of any special

description of material to be supplied from the Corporation‟s stores or if

it is required that the contractor shall use certain stores to be provided

by the Engineer-in-charge, (such material and stores and the prices to

be charged thereof as hereinafter mentioned being so far as practicable

for the convenience of 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 contractors shall be supplied with

such materials and stores as may be required from time to time be used

by him for the purpose of the contract only and the value of the full

quantity of materials and stores so supplied shall be set off or deducted

from any sum due or thereafter to become due to the contractor, under

the contract or otherwise or from the security deposit or the proceeds of

sale thereof if the deposit is held in government securities the same or a

sufficient portion thereof, shall be sold for the purpose. All materials

supplied to the contractor shall remain the absolute property of the

Corporation and shall on account be removed from the site of work and

shall at all times be open to inspection by the Engineer-in-charge. Any

such materials unused and in perfectly good condition at time of

completion or determination of the contract shall be returned to the

Corporation‟s store if the Engineer-in-charge so requires by notice in

writing given under his hand but the contractor shall not be entitled to

return any such materials except with such consent and he shall have

no claim for compensation on account of any such materials supplied to

him as aforesaid but remaining unused by him or for any wastage in or

damaged thereto. The contractor shall be responsible for the loss,

destruction or deterioration of the materials, stores or articles supplied

to him by the Corporation even if such loss, destruction or deterioration

has occurred under any circumstances whatsoever beyond his control as

if the materials, stores or articles so supplied were his property.

20. WORKS TO BE EXECUTED IN ACCORDANCE WITH

SPECIFICATIONS, DRAWING, ORDERS ETC.

The contractor shall execute the whole and every part of work in the

most substantial and workman like manner and both as regarding

materials and in every other respect in strict accordance with the

specification. The contractor shall also confirm exactly, fully and

faithfully to the designs, drawings and instructions in writing relating to

the work signed by the Engineer-in-charge and lodged in his office and to

which the contractor shall be entitled to have access for the purpose of

inspection at such office, or on the site of the work during office hours

and the contractor shall, if he so requires, be entitled at his own expense

to make or cause to be made copies of the specification and of all such

designs, drawings and instructions as aforesaid.

21. ALTERATIONS IN SPECIFICATIONS AND DESIGNS NOT TO

INVALIDATE CONTRACTS

The Executive Engineer shall have powers to make any alterations, or

additions to the original specification, designs and instructions that may

appear to him to be necessary or advisable during the progress of the

work and the contractor shall be bound to carry out the work in

accordance with any instruction in this connection which may be given

to him in writing, signed by the Engineer-in-charge and such alterations

shall not invalidate the contract. Any additional work which the

contractor may be directed to do in the manner above specified as part of

the work shall be carried out by the contractor on same conditions in all

respect on which he agreed to do the main works and at the same rates

as are specified in the tender for the main work.

Where, however, the work is to be executed according to the designs,

drawings and the specifications recommended by the contractor and

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accepted by the competent authority, the alteration above referred to

shall be within the scope of such designs, drawings and specifications

appended to the tender.

22. RATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE

OF RATE OF THE CORPORATION

If the additional and altered work includes any class of work for which

no rate is specified in this contract, then such class of work shall be

carried out at the rates entered in the Schedule of Rates of the

Corporation or at the rate mutually agreed upon between the Executive

Engineer and the Contractor, whichever are lower. If the additional or

altered work for which no rate is entered in the Schedule of Rates of the

Division is ordered to be carried out before the rates agreed upon then

the contractor within seven days of date of receipt by him of the order to

carry out the work should inform the Executive Engineer for the rate

which it is his intention to charge for such class of work and if the

Executive Engineer does not agree to this rate, he shall be noticed in

writing, be at liberty to cancel his order to carry out such class of work

and arrange to carry it out in such manner as he may consider advisable

provided always that if the rates shall have been determined as lastly

herein before mentioned then in such case he shall only be entitled to be

paid in respect of the work carried out or expenditure incurred by him

prior to the date of the determination of the rate as aforesaid according

to such rate or rates as shall be fixed by the Executive Engineer in the

event of disputes, the decision of the General Manager of the Corporation

will be final.

23. EXTENSION OF TIME LIMIT IN CONSEQUENCE OF ADDITION OR

ALTERATION

The time limit for the work shall be extended in the proportion that the

increase in its cost occasioned by alterations or additions bears to the

cost of the original contract work and the certificate of the Engineer-in-

charge as to such proportions shall be conclusive.

24. NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF

WORK TO BE CARRIED OUT

If at any time, after the execution of the contract documents, the

Engineer-in-charge shall, for any reason whatsoever, requires the whole

or any part of the work, as specified in the tender, to be stopped for any

period or shall not require the whole or part of the work to be carried out

at all or to be carried out by the contractor, he shall give notice in writing

of the fact to the contractor who shall thereupon suspend or stop the

work totally or partially as the case may be in any such case, except as

provided here under. The contractor shall have no claim to any payment

or compensation whatsoever on account of any loss in profit or

advantage which he might have derived from the execution, of the work

in full but which he did not so derive in consequence of the full amount

of work not having been carried out or on account of any loss that he

may be put to on account of materials purchased or agree to be

purchased or for unemployment of labour recruited by him. He shall not

also have any claim for compensation by reason of any alterations

having been made in the original specification, drawings, designs and

instructions which may involve any curtailment of the work as originally

contemplated. Where, however, materials have already been purchased

or agreed to be purchased by the contractor before receipt by him of said

notice, the Executive Engineer provided they are not in excess or

requirement and are of approved quality and/or shall be compensated

for the loss, if any, that he may put to in respect of materials agreed to

be purchased by him. The amount of such compensation to be

determined by the Executive Engineer, whose decision shall be final. If

the contractor suffers any loss on account of his having to pay, his

labour charges during the period, during which the stoppage of work has

been ordered under this clause the contractor shall on application be

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entitled to such compensation on account of labour charges as the

Executive Engineer whose decision shall be final, may consider

reasonable provided that the contractor shall not be entitled to any

compensation on account of labour charges if, in the opinion of the

Executive Engineer, the labour could have been employed by the

contractor elsewhere for the whole or part of the period during which the

stoppage of the work has been ordered as aforesaid.

25. NO CLAIM FOR COMPENSATION ON ACCOUNT OF LOSS DUE TO

DELAY IN SUPPLY OF MATERIALS BY CORPORATION

The contractor shall not be entitled to claim any compensation from

Corporation for the loss suffered by him on account of delay by

Corporation in the supply of materials entered in Schedule A where such

delay is caused by:

 Difficulties relating to supply of railway wagons.

 Force Majeure

 Act of God

Any other reasonable cause beyond the control of Corporation, including

shortage of materials to be supplied by the Corporation and difficulties

in time by reaching at the site of any materials equipment.

In the case of such delay in the supply of materials, Corporation shall

grant such extension of time for the completion of the works as shall

appear to the Executive Engineer to be reasonable in accordance with

the circumstances of the case. The decision of the Executive Engineer as

to the extension of time shall be accepted as final by the contractor.

26. TIME LIMIT FOR COMPENSATION CLAIMS

Under no circumstances, whatsoever, shall the contractor be entitled to

any compensation from Corporation on any account unless the

contractor has claimed in writing to the Executive Engineer within one

month of the cause thereof.

27. ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK

If at any time, before the security deposit is refunded to the contractor, it

shall appear to the Executive Engineer or his subordinate in charge of

the work that any work has been executed with unsound, imperfect or

unskillful workmanship or with materials of inferior quality or that any

materials or articles provided by him for the execution of the work are

unsound or of inferior quality to that contract for or are otherwise not in

accordance with the contract, it shall be lawful for Engineer-in-charge to

intimate this fact in writing to the contractor and then notwithstanding

the fact that the work, materials, or articles complained of, may have

been inadvertently passed, certified and paid for, the contractor shall be

bound forthwith to rectify or remove and reconstruct the work so

specified in whole or any part, as the case may require or if so required

shall remove the materials or articles so specified and provided other

suitable materials or articles at his own 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 the written intimation aforesaid the contractor

shall be liable to pay compensation at the rate of one percent on the

amount of the estimate for every day not exceeding ten days during

which the failure so continues and in the event of any such failure as

aforesaid, the Engineer-in-charge may rectify or remove or re-execute the

work or remove and replace the materials or articles complained of, as

the case may be, at the risk and expense in all respects of contractor

should the Engineer-in-charge consider that any such inferior work or

materials as described above may be accepted, or made use of, it shall be

within his discretion to accept the same as such reduced rates as he

may fix thereof.

Provided that in the case of any work of which visible check is not

possible if the Engineer-in-charge or his subordinate in charge of the

work feels that such work has been executed with unsound, imperfect or

EW- 309 PUR-F-006 RFQ-

unskillful workmanship or with materials of inferior quality, he shall

take sample tests at random, cost of which shall have to be borne by the

contractor and if after taking such test part of such work is found to be

defective in any respect or to have been executed with materials of

inferior quality then the contractor shall pay for the whole work such

amount as may be fixed by the office of the Engineer-in-charge on the

basis of the lowest quality of work found by him in such sample tests.

28. WORK TO BE OPENED TO INSPECTION, CONTRACTOR OR

RESPONSIBLE AGENT TO BE PRESENT.

All works under execution or in pursuance of the contract shall at all

times be open to the inspection and supervision of the Executive

Engineer and his subordinate and contractor shall at all times, during

the usual working hours and at all other times at which reasonable

notice of the intention of the Executive Engineer or his subordinate to

visit the works shall have been given to the contractor, during which

period either he should be present to receive order and instruction, or

have a responsible agent duly authorized agent shall be considered to

have the same force and effect as if they had been given to the contractor

29. NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP

The contractor shall give not less than five days‟ notice in writing to the

Executive Engineer or his subordinate in charge of the work, before

covering up or otherwise placing beyond the reach of measurement of

any work, in order that the same may be measured and correct

dimensions thereof, taken before the same is so covered up or placed

beyond the reach of measurement and shall not be covered up or placed

beyond the reach of measurement and work without the consent in

writing of Executive Engineer or his Subordinate in charge of work. If

any work shall be covered up or placed beyond the reach without such

notice having been given or consent obtained, the same shall be

uncovered at the contractor‟s expense and in default thereof no payment

or allowance shall be made for such work or for the materials with which

the same was executed.

30. CONTRACTOR’S LIABILITIES

The contractor shall supply, at his own cost, all materials (except such

special materials, if any as may be supplied from the Corporation stored

in accordance with the contract). Plant, tools, appliances, implements,

ladders, cordage, tackle, scaffolding and any temporary works which

may be required for the proper execution of the work, in the original,

altered or substituted form and whether included in the specification

and other document forming part of the contract or referred to in these

conditions or not and which may be necessary for the purpose of

satisfying and complying with the requirements of the Engineer-in-

charge as to any matter on which under these conditions, he is entitled

to be satisfied or which he is entitled to require together with carriage

thereof to and from the work. The contractor shall also supply without

any charge the requisite number of persons of setting out works and

counting, weighting and assisting in the measurement of examination at

the time and from time to time of the work or materials, failing this the

same may be provided by the Engineer-in-charge at the expenses of the

contractor and the expenses may be deducted from any money due to

the contractor under the contract or from his security deposit or the

proceeds of sale thereof or of a sufficient portion thereof, the contractor

shall provide all necessary fencing and light required to protect the

public from accident and shall also be bound to bear expenses of defense

of every suit, action or other legal proceedings of law that may be

brought by any person for injury sustained. Owing to neglecting of the

above precautions and to pay any damage and cost which may be

EW- 309 PUR-F-006 RFQ-

awarded in such suit, action or proceedings to any such person or which

may with the consent of the contractor be paid in comprising any claim

by any such person.

31. CONTRACTOR LIABLE FOR ALL DAMAGE

Compensation for all damage done intentionally or unintentionally by

contractor‟s laborer, whether in or beyond the limit of Corporation‟s

property, shall be estimated by the Executive Engineer or such other office

as he may appoint and the estimates of the Executive Engineer, subject to

the decision of the Superintending Engineer, on appeal, shall be final and

the contractor shall be bound to pay the amount of the assessed

compensation demand, failing which, the same will be recovered from the

contractor as damages or deducted by the Engineer-in-charge from any

sums that may be due to or become due from Corporation to the

contractor under this contract or otherwise.

The contactor shall bear the expenses of defending any action or other

legal proceeding that may be brought by any person for injury sustained

by him owing to negligence of precautions for prevent the spread of fire

and he shall also pay any damage and cost that may be awarded by the

court, if in consequence

32. RESCISSION OF CONTRACT AND FORFEITURE OF DEPOSIT

The contractor shall not assign or sublet, without the written approval of

the Engineer-in-charge and if the contractor assign, or sublet his

contract, or attempt to do so or become insolvent or commence any

proceedings to be adjudicated as insolvent or make any composition with

creditors, attempt to do so, the Engineer-in-charge may, by notice in

writing rescind the contract. Also, if any bribe, gratuity, gift, loan,

perquisite, reward or advantage pecuniary or otherwise shall either

directly or indirectly be given, promised or offered by the contractor or any

of his servants, or agents, or any person to the employee of the

Corporation in any way relating to his office or indirectly interested in the

contract, the Executive Engineer may, by ten days‟ notice in writing,

rescind the contract. In the event of a contract being rescinded the

security deposit of the contractor shall there upon stand forfeited and be

absolutely at the disposal of the Corporation and the same consequences

shall ensure as if the contract has been rescinded under Clause

thereof and in addition the contractor shall not be entitled to recover or be

paid for any work thereof actually performed under the contract.

33. COMPENSATION

All sums payable by a contractor by way of compensation under any of

these conditions shall be considered as a reasonable compensation to be

applied to the use of Corporation without reference to the actual loss or

damage sustained and whether any damage has not been sustained.

34. CHANGE IN THE CONSTITUTION OF FIRM TO BE NOTIFIED

In case of tender by partners of a Firm, any change in constitution of firm

shall be forthwith notified by the contractor to the Executive Engineer for

his information.

35. WORKS UNDER DIRECTION OF SUPERINTENDING ENGINEER

All works to be executed under the contract shall be executed under the

direction and subject to the approval of Superintending Engineer

/Engineer-in-charge for the time being who shall be entitled to direct at

what point or points and in what manner they are to be commenced and

from time to time to be carried on.

36. DECISION OF SUPERINTENDING ENGINEER TO BE FINAL

Except where otherwise specified in contract and subject to the power

delegated to him by Corporation under the Corporation‟s rules, then in

force, the decision of the Superintending Engineer/EIC for the time being

shall be final, conclusive and binding on all the specifications, designs,

drawings and instructions herein before mentioned and as to the quality

of workmanship or material used on or as to any other question, claim,

EW- 309 PUR-F-006 RFQ-

right matter or thing whatsoever in any way arising out of or relating to

the contract, designs, drawings, specifications, estimates, instructions,

orders or these conditions or otherwise concerning, the works or the

execution or failure to execute the same, whether arising during the

progress of the work or after the completion or abandonment thereof.

37. Dispute Resolution Mechanism: For works contracts and

composite Contracts, the arbitration mechanism shall be governed by

the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act,

1992 as per below details.

sub clause 37(1) Amicable Settlement : Any dispute, difference,

controversy or claim between the Parties arising out of or relating to this

contract with reference to the construction, interpretation, breach,

termination or validity thereof (hereinafter referred as "the Dispute")

shall, upon the written request of either Party be referred to the

authorized representatives of the Disputing Parties for resolution. The

authorized representatives shall promptly meet and attempt to negotiate

in good faith a resolution of the Dispute within thirty days of the service

of the request.

sub clause 37(2) Arbitration : If the Parties fail to amicably resolve the

disputes or differences or contrary claims as indicated herewith in sub

clause (1) of Clause 37 arising under or in connection with the present

works contracts, whether pertaining to works contracts alone or works

and procurement both, the same shall be referred to arbitration under

the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act,

38. STORES TO BE OBTAINED FROM CORPORATION [APPLICABLE

ONLY WHERE MATERIAL IS TO BE SUPPLIED BY CORPORATION AS

MENTIONED IN SCHEDULE A]

The contractor shall obtain from the Corporation stores, such articles as

are mentioned in schedule “A” which may be required for the work or

any part of the work or in making up any articles required therefore or in

connection therewith, unless he has obtained permission in writing from

the Executive Engineer or obtained such stores and articles from

elsewhere. The value of such stores and articles as may be supplied to

the contractor by the Engineer-in-charge will be debited to the contractor

in his account at the rate shown in the schedule “A” attached to the

contract and if they are not entered in said Schedule, they shall be

debited to him at cost price which for the purpose of this contract shall

include cost of carriage and all other expenses whatsoever which may

have to be incurred in obtaining delivery of the same at the stores

aforesaid and further overhead charges 15%.

The Contractor shall be responsible for the loss, destruction or

deterioration of the materials, stores or articles supplied to him by the

Corporation, even if such loss, destruction or deterioration has occurred

under any circumstances whatsoever beyond his control as if the

materials, stores or articles so supplied were his property. The contractor

shall be responsible for returning the residual materials after completion

of the contract and it fails to return, the balance materials supplied to

him by the Corporation, the cost of the residual materials will be

recovered from the contractor at the market rate or stock issue rate

whichever be higher at the time of materials account plus 15%.

39. LUMP SUMS IN ESTIMATE

When the estimate on which tender is made, includes lump sums in

respect of parts of the works the contractor shall be entitled to payment

in respect of the items of works involved or the part of the work in

question at the same rates as are payable under this contract or such

items or if the part of work in question is not in the opinion of the

Engineer-in-charge capable of measurement the Engineer-in-charge may

at his discretion pay the lump sum amount entered in the estimate and

EW- 309 PUR-F-006 RFQ-

the certificate in writing of the Engineer shall be final and conclusive

against the contractor with regard to any sum or sums payable to him

under the provision of this clause.

40. LUMP SUM TENDERS

Whenever lump sum tenders have been invited for buildings or other

structures of the same type, design, the contractor shall submit his bill

stated in Clause No. 18 and the Engineer-in-charge not below the rank

of work, Executive Engineer shall certify by general measurement or by

other method considered suitable to him, the value of work done and the

contractor shall be paid monthly a sum equal to 90% of the total value

the work so certified, since the last payment, after deducting a part or

whole of the secured advance if not already paid for the materials utilized

on the works. An additional secured advance for any fresh materials

utilized on the works. An additional secured advance for any fresh

materials brought on site will also be paid if certified by the officer not

below the rank of Executive Engineer. After the work is completed final

bill would be paid on the certification of officer not below the rank of

Executive Engineer, that the work, is done according to drawing and

specifications attached to the tender. If any additions and alterations

have been carried out, detailed measurement in respect thereof shall be

recorded and extra payment or deductions are regulated as per item

rates quoted by the contractor while submitting the tender and if there

are any items in the additions and alterations for which the contractor

has not quoted a rate, the payment shall be as per Clause 39 above

41. ACTION WHERE NO SPECIFICATION

In the case of any class of work for which there is no such specification

as is mentioned, such work shall be carried out in accordance with the

PWD and in the event of there being no PWD specification, the work

shall be carried out in all respects in accordance with the instructions

and requirements of the Engineer-in-charge of the Corporation etc.

42. NO CLAIM FOR VARIATION IN QUANTITIES OR WORK

Quantities shown in the tender are approximate and no claim shall be

entertained for quantities of work actually executed, being either more or

less up to any extent than those entered in the tender or less than those

entered in the tender or estimate.

43. NO CLAIM FOR COMPENSATION FOR DELAY IN STARTING WORK

No compensation shall be allowed for any delay caused into starting of

work on account of acquisition of land and in the case of clearance for

works or any delay in according sanction to estimates.

44. NO CLAIM FOR COMPENSATION FOR DELAY IN EXECUTION OF

No compensation shall be allowed for any delays in execution of the work

on account of water standing in borrow pits or compartment. The rates

are inclusive for hard or cracked soil, excavation in mud, sub-soil water

or water standing in borrow pits and no claim for any extra rate shall be

entertained unless otherwise expressly specified and mentioned in the

45. EMPLOYMENT OF TECHNICAL PERSONS:

The contractor shall keep one full time qualified Civil Engineer at the

site, who shall be fully authorized to receive and comply with such

instructions, as given by the Executive Engineer. The contractor shall

intimate the name of such Engineer with his qualifications and

experience. The Executive Engineer shall have the right to demand the

removal of any technical personnel, skilled or unskilled workmen, who in

his opinion are considered to cause bad workmanship in the execution of

works or to cause indiscipline.

46. INDUSTRIAL LABOUR LAWS

Terms and Conditions regarding Labour L a w s

EW- 309 PUR-F-006 RFQ-

During the entire period of the contract, the Contractor and his Sub-

Contractors shall at all times comply with all applicable labour laws, rules,

regulations, notifications, and bye-laws issued by the Central Government,

State Government, or Local Authorities. This includes all existing laws as

well as any amendments or new notifications that may come into force

during the contract period.

The Contractor and his Sub-Contractors shall, at all times abide by the

following Acts/Statutes related to Human Resources:

1. Factories Act, 1948;

2. Contract Labour (Regulation & Abolition) Act, 1970;

3. EPF & MP Act, 1952;

4. Building & Other Construction Workers (Regulation of Employment &

Conditions of Service) Act, 1996;

5. ESI Act, 1948;

6. Minimum Wages Act, 1948;

7. Payment of Wages Act, 1936;

8. Payment of Bonus Act, 1965;

9. Payment of Gratuity Act, 1972;

10. Workmen‟s Compensation Act, 1923;

11. ID Act, 1947;

12. Maternity Benefit Act, 1961;

13. Inter-State Migrant Workmen (Regulation of Employment & Conditions of

Service) Act, 1979;

14. The Building and Other Construction Workers' Welfare Cess Act,

17. The Carriage by Road Act,

The above list is only indicative and not exhaustive. The Contractor shall

remain fully responsible for ensuring compliance with all other applicable

labour and welfare legislations, rules, and regulations in force during the

The following are some of the major responsibilities of the contractor, in

addition to other obligations prescribed under various labour laws, rules,

and regulations issued by statutory authorities such as the State

Government or Government of India from time to time, which the contractor

shall strictly comply with during the execution of the contract.

1) The Factories Act,

 Age Restriction

The contractor shall not deploy any worker below the age of 18 years or

above the age of 60 years for the awarded work.

 Payment of Earned Leave

Earned Leave shall be paid to all bona fide contract workers as per the

provisions of the Factories Act,

Payment of Earned Leave shall be made monthly together with wages to

ensure better compliance with the law.

 Maintenance of Earned Leave Register

The contractor shall maintain an Earned Leave Register in Form No.

EW- 309 PUR-F-006 RFQ-

as per the provisions of the said Act and shall submit the same on

 Maintenance of Statutory Records

All written registers, proformas, and statutory documents shall be

maintained up to date and kept ready for inspection at any time, or

submitted on time to the concerned authorities, as applicable under the

relevant Acts by the contractor.

2) The Contract Labour (Regulation and Abolition)Act,1970

 Obtainment of Labour Licence

The Contractor/Agency shall obtain the Labour Licence under the Contract

Labour (Regulation & Abolition) Act from the appropriate authorities

before commencement of work.

Validity of Labour Licence

The contractor shall maintain a valid Labour Licence under the Contract

Labour (Regulation and Abolition) Act for employing the required manpower

necessary for execution of the contract.

Engagement of Contract Labour

The contractor shall not be allowed to engage fifty (50) or more contract

labourers, including supervisors and other staff, without initiating the

process of obtaining a Labour Licence under the Contract Labour Act.

3) Minimum Wages Act,

Contractor shall have to make the payment of wages to the Contract Labours

engaged by them, on or before 7th of every month through nearest

Nationalized Bank compulsory, preferably situated in the premises of TPS

area in case of all works contract. The Contractor shall supply copy of Bank

Statement duly stamped by the Concerned Bank as well as debited entry of

amount displayed in the contractors‟ own bank account as token of proof

towards payment of Wages through CLIM/prevailing system at relevant time.

Apart from Payment of wages through Bank, Contractors shall have to make

all other payments like Advances, Bonus, Leave Encashment etc. to their

labours through bank only and cash payment/entry will not be allowed.

Wages rates for contract laborers are applicable as per the terms and

conditions of the license. The contractor shall have to pay wages to workers as

notified by the Government of Gujarat from time to time.

Any default to pay the minimum wages to the engaged workers and deprived

of their right to minimum wages payment on or before 7th of each month shall

be dealt as per the provision of labour laws. Recurrence of the same may lead

to cancellation of awarded contract.

4) The Provident Fund and Miscellaneous Provisions

1. Separate P.F. Code

The contractor must possess a separate P.F. code in the name of the

Firm/Agency/Company itself for the subject work.

EW- 309 PUR-F-006 RFQ-

2. Coverage Under PF & Pension Schemes

It should be ensured that all the contract labourers engaged by the

contractor are covered under the Provident Fund Scheme and

Employee’s Pension Scheme, and their contributions must be

remitted regularly to the concerned RPFC.

Photocopies of challans along with the ECR in this regard shall be

submitted regularly to the User Department to enable onward billing

clearance.

3. Monthly Submission of PF Deductions

The contractor shall submit, along with his monthly bill, a statement

regarding deductions against the Employee‟s Provident Fund and

Family Pension Scheme in respect of each concerned employee.

4. Rate of Contribution

Provident Fund and Family Pension Scheme contributions at the rate

of 12% of wages (or at the rates made applicable by the Government

from time to time) shall be deposited by the contractor with the

concerned PF Authorities.

This includes both the contractor‟s contribution and the workers‟

contribution.

5) Work m en’s Compensation & Employer’s Liabi lity

Insurance.

Obtainment of Employee Compensation Policy

The contractor shall obtain an Employee Compensation Policy under the

Employees’ Compensation Act before starting the work.

Insurance Coverage for All Workers

Employee Compensation Insurance shall be obtained for all workers

engaged for the execution of the awarded contract.

Insurance in Case of Sub-letting

If any part of the work is sub-letted, the contractor shall ensure that the

sub-contractor obtains and provides Workmen’s Compensation Insurance

and Employer’s Liability Insurance for the labourers engaged by them.

Liability for Compensation and Medical Expenses

The contractor shall be liable to pay compensation in case of any accidental

injury arising out of and in the course of employment, as per the

Employees‟ Compensation Act.

The contractor shall also bear all medical expenses resulting from on-duty

accidents.

6) ThePaymentofGratuityAct,1972

For better compliance, contractor shall pay amount of gratuity on a

monthly basis along with the payment of wages, calculated on a

pro-rata basis per month, which is equivalent to 15 days‟ wages for

each completed year of service for every worker. (*applicable to

A R C /B R C works contract only)

EW- 309 PUR-F-006 RFQ-

7) The Payment of Bonus Act,1965

Entitlement to Bonus

Every worker shall be entitled to receive bonus from the contractor in an

accounting year, in accordance with the provisions of the Payment of

Bonus Act.

Monthly Payment for Better Compliance

For better compliance, the contractor shall pay the bonus amount on a

monthly basis along with wages, calculated on a pro-rata basis per

Submission of Bonus Details

The contractor shall submit the details of bonus paid to its workers in Form

No. C, as prescribed under the Act, whenever required by the Government

Authority as well as by GSECL.

8) TheMaternityBenefitAct,1961

The contractor shall ensure that all entitled female workers are provided

Maternity Leave and all other applicable benefits as per the provisions of

the Maternity Benefit Act.

9) TheBuildingandotherConstructionWorkers’Act,1996

For any construction work falling under the definition of Section 2(1)(d),

whether it occurs inside or outside the factory premises, the said Act

shall be applicable, and the contractor or its sub-contractor shall be liable

to comply with all provisions framed there under.

10) The contractor shall give preference to existing or local

contract workers for engagement in the awarded contract and shall

issue appointment orders to each and every workers individually at

the time of their engagement during the period of contract and

terminate the same at the end of the each contract.

Follow the mentioned procedure at each milestone for the

execution of works contract.

11) On Commencement of Contractual Work

1. Before starting the work, the contractor shall contact the Labour

Welfare Officer / Industrial Relations Officer for completing all

formalities related to labour law compliance prior to commencement of

the contract, as well as for ongoing labour law compliance thereafter,

so that no dispute arises in the future regarding adherence to labour

EW- 309 PUR-F-006 RFQ-

2. It is the responsibility of the contractor to ensure that the contractor‟s

employees maintain strict discipline with respect to security, safe

working methods, and conduct, and that they do not cause any

hindrance to the smooth running of the power station or to the duties

performed by GSECL staff.

Any lapse in this regard shall be viewed seriously, and if such lapse is

found, the contract is liable to be terminated.

If any of the contractor‟s staff is found unsuitable or behaves

improperly, the contractor shall remove such worker from the work-

site immediately upon demand by the Engineer-in-Charge (EIC).

Maintaining harmonious industrial relations among contract

labourers is solely the responsibility of the contractor. Any breach of

this obligation will also be viewed seriously.

3. A digital system developed at the request of the agencies

working at the premises of GSECL, is to facilitate them for

easy, efficient, effective management of data, gate passes,

attendances, medical records, Police Verification documents

etc related to their employees / workers deployed for various

works and services against work order of GSECL.

4. On receipt of LOA and before commencement of work,

authorized representatives of the agency shall login in the

CLIMS online portal / prevailing system at relevant time and

apply for registration of their employees / workers uploading

all information with required documents in digital form. Upon

completion of due verifications, clearance by EIC and HR

departments, contracting agency will obtain gate passes.

GSECL will only consider documents like wage sheet duly

accepted and signed by individual workers, as per the

engagement/deployment duration/hours of individual worker

duly certified by the agency, being the employer, for the

purpose of payment of bills and HR clearances.

Agency shall be solely responsible for maintaining accurate

and up-to-date data of their workers in the portal/ prevailing

system at relevant time. All statutory compliances under

prevailing laws shall remain the responsibility of the

contracting agency. The agency shall indemnify GSECL

against any liabilities arising from non-compliance of legal

provisions or inaccuracies in the data maintained by them in

the digital portal of CLIMS/prevailing system at relevant time.

EW- 309 PUR-F-006 RFQ-

5. If the contractor intends to engage labourers beyond the limit

specified under law, the contractor shall obtain the necessary forms

as applicable:

 Form No. V under the Contract Labour (Regulation & Abolition) Act,

 Form No. VI under the Interstate Migrant Workmen (Regulation of

Employment and Conditions of Service) Act, 1979, for the purpose of

obtaining the Labour Licence from the Licensing Authority.

6. It shall be the duty of the contractor or his supervisor to ensure bio-

metric punching and proper reporting at the designated work

7. The contractor shall employ an adequate number of experienced

staff at the site for daily supervision and for maintaining various

registers and records required under labour laws and the contract.

No payment shall be admissible to the contractor for such

supervision.

8. The gate passes obtained for any specific work order shall be valid

only for that particular work order, and the contractor shall not

divert the manpower to any other work order.

If any work or part thereof is desired or required to be sub-let, the

contractor shall obtain the prior written permission of the Engineer-

in-Charge (EIC).

This permission is mandatory for considering the statutory

documents of any agency other than the agency to whom the original

work order was awarded.

12) During Contractual Work under the progress:

1. All contractors shall make the payment of wages to the contract

labourers engaged by them on or before the 7th of every month

through the nearest Nationalized Bank, preferably one situated

within the power station premises.

The contractor shall submit a copy of the Bank Statement, duly

stamped by the concerned bank, as proof of wage payment through

CLIMS / the prevailing system at the relevant time.

2. All contractors shall comply with and maintain all statutory

documents and registers as required under the provisions of the

Labour Laws and the EPF Act.

3. In case the contractor has more than one contract in the same TPS,

the contractor shall obtain work-order-wise separate gate passes

and submit the same along with the statutory compliance

documents, also on a work-order-wise basis, every month to the

User Department to enable onward billing clearance.

EW- 309 PUR-F-006 RFQ-

(13) CONTRACTOR TO INDEMNIFY THE GSECL REGARDING

LABOUR LAWS

Indemnification to GSECL

The contractor shall indemnify and keep indemnified the GSECL, and every

member, officer, and employee of GSECL, including the Engineer-in-Charge

and his staff, against all actions, proceedings, claims, demands, costs, and

expenses whatsoever arising out of or in connection with the matters

referred to in the above clauses or elsewhere.

The contractor shall also indemnify GSECL against all actions, claims,

demands, costs, and expenses which may be made against GSECL by any

workman/employee of the contractor or any sub-contractor, or arising from

any liability in any manner towards such workmen/employees under any

laws, rules, or regulations in force, including but not limited to the following:

 Employees‟ Compensation Act,

 Employees‟ Provident Fund Act,

 Contract Labour (Regulation and Abolition) Act,

Liability for Accidents and Injuries

GSECL shall not be liable for, or in respect of, or in consequence of any

accident or injury to any workman or any other person employed by the

contractor or his sub-contractor.

The contractor shall indemnify and keep indemnified GSECL against all

such damages, compensation, claims, demands, proceedings, costs,

charges, and expenses in relation thereto.

Compliance With Labour Laws at Contractor’s Risk and Cost

The contractor shall, at his own expense, risk, and cost, comply with all

applicable labour laws as mentioned above and shall keep GSECL

indemnified in respect thereof.

Right of GSECL to Deduct Payments

GSECL shall be entitled and empowered to directly deduct from the bills

payable to the contractor or the contractor‟s sub-contractor any sum or

sums which GSECL is required to pay in its capacity as Principal Employer,

due to the contractor‟s default in complying with any provisions of labour

The amount so deducted shall be recovered from the pending dues of the

contractor, along with 15% administrative charges.

Applicability of Rules, Regulations, and Circulars

Any rules, regulations, conditions, circulars, etc., currently in force or

framed by GSECL from time to time in connection with contracts shall be

binding on and acceptable to the contractor.

Additional Liabilities Under Labour Laws

The above are only some of the major liabilities of the contractor. In addition

to these, the contractor shall comply with all other liabilities prescribed

under various labour laws in force from time to time by statutory authorities

such as the State Government or the Government of India.

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Authorized Representative

The contractor shall provide the name of the authorized representative,

as required to be submitted to other statutory Government authorities. The

same shall be notified to the Engineer-in-Charge from time to time.

14) Submission of Statutory documents to ensure the

compliances:

The contractor shall upload statutory documents, work order-wise, under

Labour Laws and EPF in CLIMS / prevailing system at relevant time.

Required documents shall be u p l o a d e d by the contractor in existing

portal /prevailing system at relevant time invariably each month to

Engineer In-Charge for onward process and smooth clearance by

HR Department.

List of documents required for gate passes of

contract workers through clims/prevailing system

Description of documents attached

1 Copy of Work Order

2 Copy of P. F. Code No.

Insurance Policy as per subject of work order under the Workmen

Compensation Act,1923

Contract agreements/ subletting work contract documents with

approval copy

Copy of Id proof of Aadhar card or Election voting card or driving

license or Passport only

6 Copy of Police Verification in respect of each contract workers

15. The contractor whose work order value is above Rs. 5 lacs

shall have to submit “Declaration cum Indemnity Bond” on Rs.

300/- Non-Judicial stamp paper in prescribed Performa

(Annexure- “B”) with Agreement and Indemnity Bond before the

commencement of the contract.

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Annexure-“B”

D E C LA R A TI O N CU M INDEMNITYBOND

(OnRs.300/-Non Judicial Stamp Paper duly notarized)

DECLARATION CUM INDEMNITY BOND

This Declaration cum Indemnity Bond made at _____________________ (mention

location) by M/s. __________________________________, having its Registered Office at

_________________________________________________________ (hereinafter referred to as

the “Contractor”, which expression shall, unless it be repugnant to the context or

meaning thereof, be deemed to mean and include its assigns, successors, executors,

sub-contractors and/or administrators) of the ONE PART,

In favour of

M/s. Gujarat State Electricity Corporation Limited, having its power station at

_________________ Thermal Power Station (hereinafter referred to as the

“Company”, which expression shall, unless it be repugnant to the context or

meaning thereof, be deemed to mean and include its assigns and successors) of the

OTHER PART.

The Company has entered into a contract with the Contractor for the work of

“________________________________________________” under Order No.

__________________ dated __________________ (hereinafter called the “Contract”);

AND WHEREAS,

It is one of the essential conditions of the Contract that the Contractor shall comply

with all the provisions of the Labour and Industrial Laws, as may be applicable from

time to time, for the discharge and completion of the works and services covered

under the Contract, including but not limited to:

 Contract Labour (Regulation & Abolition) Act,

 Child Labour (Prohibition and Regulation) Act,

 Employees‟ Provident Funds & Miscellaneous Provisions Act,

 Employees' State Insurance Act,

 Minimum Wages Act,

 Payment of Bonus Act,

 Payment of Wages Act,

 Employees‟ Compensation Act,

 Factories Act,

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and all other Labour Laws, Rules, Notifications, and Codes presently applicable to

the Contractor or that may become applicable during the tenure of the Contract

(hereinafter collectively referred to as the “Laws”)

AND WHEREAS the Contractor has agreed to execute this Declaration-cum-Indemnity

Bond to this effect and has further agreed to indemnify the Company, its Directors,

Officers, employees, and representatives, and keep them indemnified and harmless

against all third-party claims, charges, penalties, fines, expenses, losses, damages,

costs, suits or any other levy that may arise against the Company and/or its

management due to the failure of the Contractor to observe or comply with all

applicable laws.

NOW THIS DEED WI TN ES S ET H AS UNDER

1. The Contractor hereby declares that all acts, deeds, actions, activities, conduct,

lapses, delays, misdeeds, faults, breaches, inactions, etc., done by its assigns,

successors, executors, subcontractors and/or administrators shall be construed

as having been done by the Contractor, and the Contractor alone shall be liable

for all such acts, omissions, defaults, or failures.

2. In consideration of the Company awarding the Contract to the Contractor,

subject to the condition of execution of this Declaration-cum-Indemnity Bond,

the Contractor hereby declares and represents to the Company that it has

obtained all statutory registrations, certificates, licenses, and approvals

required under the applicable laws, enabling the Contractor to execute the

Contract in a legal and lawful manner.

3. That in the event of any liability arising out of the non-compliance of any

applicable laws of the land by the Contractor in connection with the performance

of the Contract, the Contractor shall bear all the resultant liabilities whatsoever,

if any. The Company, its Directors, Officers, employees, and representatives shall

not be liable for any such liability (ies).

The Contractor undertakes to indemnify, defend, and keep the Company and its

Directors, Officers, employees, and representatives indemnified and harmless

against all losses, costs, damages, claims, penalties, interest, expenses, demands,

fines, legal liabilities, causes of action, injuries to persons, suits, etc., which may

be suffered, incurred, undergone, and/or sustained by the Company, including

the costs and expenses that may be incurred in defending any such liability(ies),

claim(s), or proceeding(s) that may be made, taken, or arise thereon by any

person, body, authority, Government, or judicial/quasi-judicial authority, due to

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the failure or non-compliance of any such laws and rules there under (including

any amendments to applicable Acts, laws, statutes, and rules).

This indemnity shall apply irrespective of whether such acts or omissions are

actual or alleged, active or passive, and shall extend to all matters arising out of

or in any way connected with the discharge of the said Contract.

4. The Contractor further declares that, in the event of any suit, claim, right,

damages, compensation, fine, levy, charges, expenses, losses, penalties, or costs

raised by any third party, including the contract labour engaged by the

Contractor, he shall join such proceedings before the concerned Court, Tribunal,

or Authority and shall effectively defend the same.

5. The Contractor hereby agrees and undertakes to make good any loss, damage,

claim, suit, demand, decree, or expenses that the Company may suffer, to the fullest

satisfaction of the Company. In the event the Contractor fails to make good the same,

the Company shall have the absolute right to recover such loss and/or any other

consequential loss sustained, without any restriction or limitation, together with any

incidental expenses, costs, and all related logistic expenses that may be incurred by

the Company, from the Contractor.

The Contractor further confirms and declares that this Declaration-cum-Indemnity

Bond is irrevocable and shall be final and binding upon him, his heirs, executors,

administrators, legal representatives, successors, subcontractors, and assigns,

wherever applicable.

Any claims or demands arising against the Contractor shall be adjusted against any

amount due and payable to the Contractor, and the Company shall have the right to

withhold any such amounts until the settlement of all claims, disputes, or obligations

towards the discharge of such liabilities.

6. This Declaration-cum-Indemnity Bond shall be governed by and construed in

accordance with the laws of India. Any dispute between the parties arising out of or

in connection with this Declaration-cum-Indemnity Bond shall be resolved through

the dispute resolution process prescribed in the General Conditions of the Contract

IN WITNESS WHEREOF, the Contractor has hereunto set their hand on the day,

month and year first written above.

SIGNED, SEALED AND DELIVERED

By the within-named “CONTRACTOR”

(Authorized Signatory)

Rubber Stamp of Firm/Company

Full Name:

Designation:

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In the presence of Witnesses:

1. Full Name:

Residential Address:

Contact No.:

Signature:

2. Full Name:

Residential Address:

Contact No.:

Signature:

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On Non-Judicial Stamp Paper of Rs.

To be submitted with NOTORIZED at the time of final bill

UNDERTAKING FOR LABOUR LAW COMPLIANCES

I, Proprietor / Owner / Partner /

Authorized Agent of M/s. do hereby declare and undertake

1. That in capacity of independent contractor for M/s.

(Sub-Contractor of M/s. ) worked as

Contractor at GSECL, GTPS Thermal Power Station for the nature of work

against Work

Order No. Dt. ., I have

complied with the provisions of all laws as applicable. I have paid the wages for the

month/s of my contractual period which is/are not less than the minimum rates as

applicable, to all my employee/s and no other dues are payable to my employee/s.

2. That I have covered all the eligible employee/s under the Employees‟ Provident

Funds and Miscellaneous Provisions Act, 1952 and deposited the contributions

under my P.F. Code No. Place: for the month/s

of my contractual period and as such no amount towards contributions whatever is

3. I further declare and undertake that in case any liability pertaining to any of my

worker, labour, employee/s is/are to be discharged by the Principal Employer i.e.

Gujarat State Electricity Corporation Limited, GTPS due to my lapse, I undertake to

reimburse the same or the Principal Employer is authorized to deduct the same

from my dues as payable.

4. I further declare and undertake the legal consequences which may arise in future

under the said work awarded, and I bound myself to resolve the same at the risk

and cost of M/s.

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47. MATTERS RELATED TO EXECUTION OF WORK:

a) Work shall commence from the date given in letter to commence the work by

EIC at site. The Contractor shall make all necessary arrangements at site to

mobilize labour, operators, divers and materials and maintain necessary

number of machinery and equipment, barge, pontoons etc., to guarantee the

agreed rate of progress of work as per schedule.

b) A detailed work schedule showing how he proposes to carry out the work,

specifically mentioning time periods as well as date of commencement and

completion of each activity and such approved schedules must be strictly

adhered to by the CONTRACTOR. After the owner has agreed with the

schedule, the Contractor shall prepare detailed program of each work

front/activity breaking it down giving daily quantifiable/measure of progress.

The schedules are to be reviewed periodically with the OWNER / ENGINEER

to ensure that the completion date will be met or to institute corrective steps

(at no extra cost to the ENGINEER) to adhere to the completion dates. The

OWNER reserves the right to revise the schedule at his discretion in order to

keep up to the completion date and to suit the project requirement and such

alterations shall not entitle the CONTRACTOR to any extra payment.

c) A work schedule with PERT / Bar Chart for carrying out the work in

prescribed time limit mentioning date of commencement, activity to be

carried with its time period, starting & finishing event for each activity,

completion of total project in critical path etc, shall be jointly fixed and

approved by the GSECL. Such approved schedules must be strictly adhered

by the Contractor.

d) After the GSECL has agreed with the schedule, the Contractor shall prepare

detailed program of each work front / activity breaking it down to daily

quantifiable measure of progress. The schedules are to be reviewed

periodically with the Owner / E.I.C to ensure that the completion date will be

met or to institute corrective steps (at no extra cost to the GSECL) to adhere

to the completion dates. The Owner reserves the right to revise the schedule

at his discretion in order to keep up to the completion date and to suit the

project requirement and such alterations shall not entitle the Contractor to

any extra payment.

e) The GSECL reserves the right to delete any item of schedule-B for which

contractor shall not have any right to claim on this account.

f) One permanent reference bench mark and a reference base line shall be given

for lay out of work, which shall be maintained without disturbance by the

CONTRACTOR during the tenure of the contract. CONTRACTOR shall

establish local bench marks as directed by the ENGINEER IN CHARGE.

g) The contract or any part thereof shall not be subject to change without the

written permission of the Chief Engineer (Gen.) GSECL, GANDHINAGAR

TPS or his authorized representatives.

h) During the execution of the work if it is found that the work is not

progressing as per the scheduled program approved by the GSECL & planned

by the contractor, due to the reasons attributable to the contractor, suitable

action shall be taken as per Clauses in this tender elsewhere & other relevant

clauses appearing in the section of “Terms & condition of tender & works

contract, Legal conditions of works contract” of tender document. And the

GSECL may also take such action as it may deem fit to ensure that the work

is completed in time at Risk and Cost of the contractor.

i) Contractor shall attend meetings at EIC's office at site or any other place as

fixed by the EIC, as and when required for review, discussion, coordination

etc. Attending these meetings shall be obligatory on the part of the

Contractor, at no cost to the GSECL.

j) The Contractor shall take all requisite & necessary care to observe that no

damage is caused to the existing, pumps, existing works, service road, or any

other structure etc. For any damage to the existing structures of the GSECL,

the Contractor shall be held responsible and he will have to rectify the

damage immediately up to the satisfaction of Engineer in Charge, at his own

k) The work shall be completed within the period stipulated in the contract. &

site clearance arranged according to the progress of work at site. Therefore,

EW- 309 PUR-F-006 RFQ-

the contractor has to organize & coordinate the work to suit these

circumstantial conditions. In the event of any delay due to the above or due

to any other reason not attributable to the contractor, reasonable extension

in completing the work may be given at the discretion and as decided by the

GSECL but no compensation or idle charges will be payable to the contractor

on this account or any site conditions under any circumstances.

l) No idle charges shall be entertained by GSECL for any site condition or any

circumstances. The corporation will not pay any type of advances including

mobilization advance

48. RECOVERIES:

a) In case of any damage to equipment / machinery or structure / building of

GSECL or any public property due to negligence of contractor or any other

reasons attributed to contractor, the decision of E.I.C. regarding the amount

of recovery shall be final.

b) If the contractor fails to execute the work as per direction of E.I.C. within the

time frame given, the GSECL shall get the work done through any other

contractor at the risk and cost of the contractor and the cost of execution of

such work along with 15% overhead charges shall be deducted from

contractor‟s monthly bill over and above recovery as per rules.

c) Recoveries due from the contractor, up to the end of the month previous to

the one in which the bill is prepared shall be made from bills approved for

payment every month or at other periods when the bills are prepared, for

the various items in the following order of priorities and extents.

d) Deduction on account of security deposit in full together with shortage, if

any, to be made good.

e) Penalty in full, if levied.

f) Expenditure, if any, incurred by the Corporation on Contractor‟s behalf in

labour or materials in full.

g) Charges for services such as water and power supply etc. in full.

h) Charge on account of supply of materials like cement and steel in case of

shortages found in balance or excess consumption than specified.

i) Hire charges for Corporation or Government machinery if any.

j) Recoveries of advance and secured payment or payments for preliminary

work in full or the installment due if and as the same as may have been

k) Rent recovery on account of allotting quarters on rent as per Corporation‟s

l) Income tax and sales tax in full as per Government rules.

m) Outstanding recoveries in respect of other contracts awarded by the

Corporation if any.

n) Other recoveries. (If any)

49. WORK TO BE EXECUTED TO THE SATISFACTION OF THE ENGINEER

-IN-CHARGE:

The contractor shall proceed with the work with diligence and expedition

and the whole of the work herein specified as well as the mode of

execution shall be under the supervision and direction and shall be

carried on to the entire satisfaction of the Engineer-in-charge, who shall

have full power to order the contractor to alter, enlarge or diminish the

form, dimensions, positions, or quantities of any of the work or to make use

of material and workman-ship of different descriptions and qualities from

this herein specified.

The whole of the works, together with any temporary works, associated

therewith, shall be carried on in the most substantial proper and mannered

workman like manner, with the best materials and workmanship and to

the entire satisfaction of the Engineer-in-charge and in such order of time

as he may direct. The contractor shall attend to and execute without delay

all orders and instruction which may from time to time be issued by the

Engineer-in-charge.

50. MATERIALS WORKMANSHIP etc.:

The work shall be executed in thoroughly substantial manner with material

and workmanship of best quality and strictly in accordance with the

specifications and with the drawings, or with such other drawings or written

instruction as may from time to time be furnished to the contractor, in

EW- 309 PUR-F-006 RFQ-

accordance with terms of this contract and shall be completed in every

respect with all materials and workmanship implied and necessary according

to the fair interpretation and meaning of the same and should there be any

discrepancy between the drawings and specifications or any difference or

disputes as to the dimensions to be worked to or the quality of the materials

to be used, or the mode of doing periodical quantity of the work to be

executed or with respect to any subject arising out of this contract, the

decision of the Engineer-in-charge shall be final and binding on all parties.

Rejected material shall be so disposed off as to obviate any possibility of their

use on works. The place, method and period of disposal shall be as directed

by the Engineer-in-charge.

51. SAMPLES OF DESCRIPTIVE DATE:

Samples of descriptive date, requiring approval, shall be submitted by

contractor to the Engineer-in-charge in good time before the use of such

material for inspection and permission of testing if required. The samples

shall be properly marked to show the name of the material, manufacture,

place of origin, and place where to be used etc. Failure of any sample to

pass specified tests will be sufficient cause for the refusal to consider any

further sample from the same source.

52. FENCING AND LIGHTING AND VENTILATION

Except as herein after provided, the contractor shall unless otherwise

specified, be responsible for the proper fencing, guarding, lighting and