15th FC

Name of work :- Construction of Community Hall at Scheduled Cast Area Panchtobara

Village Tal.Gariyadhar Dist. Bhavnagar

Tender Cost. Rs.

Sr Quantity Amount Put

No. in No. to Tender

1 Construction of Community Hall at Scheduled Cast 1.00

Area Panchtobara Village Tal.Gariyadhar Dist.

GOVERNMENT OF GUJARAT

ROAD AND BUILDING DEPARTMENT

Deputy Executive Engineer

Panchayat R&B Sub Division

Divisional Accountant

Panchayat R&B Division

Executive Engineer

Panchayat R&B Division

Sr No Section Description Page No

1 Invitation for Bid (IFB)

2 Section -1 Instructions to Bidders

3 Section -2 Qualification Information

4 Section -3 Conditions of Contract

5 Section -4 Contract Data

6 Section -5 Technical Specification

7 Section -6 Form of Bid

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

10 Section -9 Drawings

11 Section -10 Documents to be furnished by Bidder

INVITATION FOR BID

NOTICE INVITING TENDER

Executive Engineer, panchayat Road building Division, Bhavnagar, The invites bids for the

construction of works detailed in the table. The bidders may submit bids for any or all of the following

Approximate Bid

Cost of Period of / Category

Package No. Name of work value of security

document completion of

works (Rs.) (Rs.)

Construction of Community

Hall at Scheduled Cast Area

-- Panchtobara Village 12,51,587.29 13000/- 900/- 03 Months

Tal.Gariyadhar Dist.

1. Prospective / Interested bidder may download the Bid Documents from website https://

www.tender.nprocure.com free of cost till the Time and Date as mentioned on online NIT at website

https://www.tender.nprocure.com.

2. However, Bidder who is submitting the Bid Online will have to pay the Bid Document Fee/ Tender

Fee through Demand Draft only of any Schedule Bank payable at Bhavnagar and in favour

of ‘Executive Engineer,Panchayat Road and Building Division, Bhavnagar’. Once the Bid is received

online, Bid Document / Tender Fee will not be refundable.

“The Demand Draft for Bid Document / Tender fee and FDR / Bank Guarantee against Bid Security

/ EMD shall be submitted in electronic format through online (by scanning) while uploading the bid, this

submission shall mean that bid document / tender fee and Bid Security / EMD has been received.

Accordingly, the offer of only those shall be opened whose Bid Document / Tender Fee and Bid Security /

EMD have been received electronically. However, for the purpose of realization of Demand Draft, and FDR

/ Bank Guarantee bidder shall send the same in original through R.P.A.D. so as to reach to ‘Executive

Engineer, R & B Division, Bhavnagar, within 7 Days from the last day of bidsubmission.

Penaltative action for not submitting Demand Draft / FDR / Bank Guarantee in original to

Executive Engineer / Tender Inviting Authority by bidder shall be initiated.

3. Bids received online, will be opened on the time, date and place as specified in the online NIT at

website https://www.tender.nprocure.com in the presence of the bidders or their authorized

representatives, who wish to remain present.

If the office happens to be closed on the day of opening of the bids as specified, the bids will be opened on

the next working day at the same time and venue.

4. A pre bid meeting will be held on ………………………………at ………………………..hrs. at the office of

matter that ..................................................................................... may be raised at that stage as stated in clause

of ‘instructions toBidders’ of the bidding documents.

4. Bid Security (EMD) is equal to 1% of Estimated Amount put to bid / tender and shouldbe rounded

off to the next thousand rupees.

5. Other Information is as under:

A. Agencies can prepare and edit their offers a number of times before the end of the tender submission

date and time. After the tender submission date and time, the bidder cannot modify / edit / withdraw

their submitted offer in any case. No written or online request in this regard shall be granted.

B. Offers in physical form will not be accepted in any case.

C. Demand Draft purchased by the other then bidder and issued after the last date of submission of

Bids, will not be considered or accepted.

D. The cost incurred by the contractor for this offer for clarification or attending discussion,

conferences or site visits will not be reimbursed by the Employer or Engineer-in-Charge.

E. Conditional tender shall not be accepted.

F. Any changes, addition, alternation made in the prescribed form attached with tender are liable to

G. Any change in format or conditional Bank Guarantee will not be accepted and the bidder will be

considered non-responsive.

H. All the bidders are instructed to fill in information strictly in accordance with the format given in

the checklist /qualification document / tender document.

I. It is mandatory for the bidders to supply each and every information as asked strictly in

electronic format at appropriate places only.

J. Blank / insufficient information shall be treated as nil information and shall result in

disqualification.

K. Even if the bidder has been qualified in a similar or larger size of project in the past, it shall not

be deemed to be a ground / reason for not giving required information forthis work / bid.

L. Information supplied for earlier projects shall not be considered while evaluation of this bid. The

Government will not ask for any other information, unless it is found absolutely necessary by the

competent authority.

M. If found necessary, the contractor will be intimated for negotiation,

# For the works costing up to 7.5 crore (ROAD), 7.0 crore (BUILDING & BRIDGE)

kindly refer to SSR-10-2015-17-C dated 03-02-2017

For the works costing under 7.5 crore for Road Works and 7.0 crore for Building and Bridge Works

following documents shall be submitted in electronic format only through online by scanning and the

(i) Bid Document Fee / Tender Fee (ii) Bid Security / EMD should be sent in original to the Tender

opening authority through RPAD, so as to reach the Executive Engineer, Panchayat R&B Division,

Near Moti Buag, Bhavnagar, , within 7 days from last day of submission of Bid.

(i) Bid Document Fee / Tender Fee as per above Table

(ii) Bid Security / EMD or Valid EMD Exemption Certificate of Appropriate Class of

Registration of Approved Contractors as per above Table

(iii) Valid Registration Certificate of E2 Class as per above Table

(iv) GST Number

(v) Bank Solvency Certificate Current Calendar year.

INSTRUCTIONS TO BIDDERS

Section 1: Instructions to Bidders

Table of Clauses

Page No. Page No.

A. General D. Submission of Bids

1. Scope of Bid 8 19. Sealing & Marking of Bids

2. Source of Funds 8 20. Deadline for Submission of

3. Eligible Bidders 8 21. Late Bids

4. Qualification of the 8 22. Modification and

Bidder Withdrawal of Bids

5. One Bid per Bidder

6. Cost of Bidding 12 E. Bid Opening and Evaluation

7. Site Visit 12 23. Bid Opening

B. Bidding Documents 25. Clarification of Financial

8. Content of Bidding 13 26. Examination of Bids and

Documents Determination of

9. Clarification of Bidding 13 27. Correction of Errors

10. Amendment of Bidding 14 28. Deleted

29. Evaluation and Comparison

of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

12. Documents Comprising 15 F. Award of Contract

13. Bid Prices 15 31. Award Criteria

14. Currencies of Bid and 16 32. Employer’s Right to Accept

Payment any Bid and to Reject any

15. Bid Validity 16 33. Notification of Award and

Signing of Agreement

16. Bid Security 16 34. Performance Security

17. Alternative Proposals By 17 35. Advance Payment and

Bidders Security

18. Format and Signing of Bid 17 36. Dispute Review Expert

37. Correct or Fraudulent

1. Scope of Bid

1.1 The Employer (Named in Appendix to ITB) invites bids for the Construction of works

(as defined in these documents and referred to as ‘the works”) detailed in the table

given in IFB. The bidders may submit bids for any or all of the works detailed in the

table given in IFB.

1.2 The successful bidder will be expected to complete the works by the intended

completion date specified in the Contract data.

1.3 Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their

derivatives (bidder/ tenderer, bid / tender, bidding/ tendering, etc.) are

2. Source of Funds

2.1 The expenditure on this project will be met from the budget of Govt. of Gujarat /

Govt. of India for centrally sponsored projects.

3. Eligible Bidders

3.1 This Invitation for Bids is open to all eligible bidders.

3.2 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a

statement that the Bidder is neither associated, nor has been associated, directly or

indirectly, with the consultant or any other entity that has prepared the design,

specifications, and other documents for the Project or being proposed as Project

Manager for the Contract. A firm that has been engaged by the Employer to provide

consulting services for the preparation or supervision of the works, and any of its

affiliates, shall not be eligible to bid.

4. Qualification of the Bidder

4.1 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a

preliminary description of the proposed work method and schedule, including

drawings and charts, as necessary. The proposed methodology should include a

program of construction backed with equipment planning and deployment duly

supported with broad calculations and quality assurance procedures proposed to be

adopted justifying their capability of execution and completion of work as per

technical specifications, within stipulated period of completion.

4.5 QUALIFICATION CRITERIA:

(Applicable for the works which require Post Qualification)

4.5.1 Qualification will be based on Applicant’s meeting all the following minimum pass/

fail criteria regarding the Applicant’s general and particular experience, personnel

and equipment capabilities and financial positions, as demonstrated by the

applicant’s responses in the forms attached to the letter of application ( specified

requirement for joint ventures are given under para 4.6 below ) Subcontractors

experience and resources shall not be taken in to account in determining the

applicants compliance with the qualifying criteria

To qualify for more than one contract, the applicant must demonstrate having

experience and resources sufficient to meet the aggregate of the qualification criteria

for each contract given in paragraphs 4.5.4, 4.5.5 and 4.5.9 below

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

Following enhancement factors will be used for the costs of works executed and the

financial figure to a common base value for works completed in India.

Year Financial Year Multiplying factor

Base year of inviting tender 20 -20

Applicant should indicate actual figures of costs and amount for the works

executed by them without accounting for the above-mentioned factors.

In case the financial figures and value of completed works are in foreign

currency the above enhanced multiplying factors will not be applied. Instead, the

current market exchange rate (State Bank of India BC Selling rate as on the last date

of submission of the bid) will be applied for the purpose of conversion of the amount

in foreign currency into India rupees.

4.5.3. General Experience.

The Applicant shall meet with the following minimum criteria:

(a) Achieved a minimum annual financial turnover (defined as billing for works in

progress and completed in all classes of civil engineering construction works

only) in any one year, over the last five years of the annual value of contract /

contracts applied for.

(b) Experience in successfully completing or substantially completing at least one

contract of highway (road and / or bridge works) airport runway of at least

percent of the value of proposed contract within the last five years.

The works may have been executed by the applicant as prime contractor or as a

member of a joint venture or as a nominated sub-contractor. As subcontractor,

he should have acquired the experience of execution of all major items of works

under the proposed contract. In case a project has been executed by a joint

venture, weight towards experience of the project would be given to each joint

venture in proportion to their financial participation in the joint venture.

Substantially completed works means those works which are at least 90 %

completed as on the date of submission (i.e. gross value of work done up to the

last date of submission is 90 % or more of the original contract price) and

continuing satisfactorily.

For these, a certificate from the employers shall be submitted along with the

application incorporating clearly the name of the work, contract value, billing

amount, date of commencement of works, satisfactory performance of the

contractor and any other relevant information.

4.5.4. Personnel Capabilities.

Availability for his work of personnel with adequate experience as required; as per

4.5.5. Equipment Capabilities

Based on the studies carried out by the Engineer, the minimum suggested major

equipment to attain the completion of works in accordance with the prescribed

construction schedule are shown in the Appendix.

The bidders should, however, undertake their own studies and furnish with

their bid, a detailed construction planning and methodology supported with layout

and necessary drawings and calculations to allow the employer to review their

proposals. The numbers, types and capacities of each plant/equipment shall be

shown in the proposals along with the cycle time for each operation for the given

production capacity to match the requirements.

4.5.6. Financial Position

The Applicant should give undertaking that he has access to, or has available, liquid assets

(aggregate of working capital, cash in hand and uncommitted bank guarantees) and / or

credit facilities up to 25 percent of the value of the contract / contracts applied.

4.5.7. The audited balance sheets for the last five years should be submitted, which must

demonstrate the soundness of the applicant’s financial position, showing long – term

profitability including an estimated financial projection for the next two years If

necessary, the employer will make inquiries with the applicant’s bankers.

4.5.8. Litigation History

The Applicant should provide accurate information on any litigation or arbitration resulting

from contracts completed or under execution by him over the last five years. A consistent

history of awards against the Applicant or any partner of a joint venture may result in failure

of the applicant.

4.5.9. Disqualification

Even though the applicants meet the above criteria, they are subject to be

disqualified if they have:

Made misleading or false representation in the forms, statements submitted, and / or

Record of poor performance such as abandoning the work, rescinding of contract for

which the reasons are attributable to the non – performance of the contractor;

consistent history of litigation awarded against the applicant or financial failure due

to bankruptcy. The rescinding of contract of a joint venture on account of reasons

other than non – performance, such as Most Experienced partner of joint venture

pulling out, court directions leading to breaking up of a joint venture before the start

of work, which are not attributable to the poor performance of the contractor will,

however, not affect the qualification of the individual partners.

4.6 JOINT VENTURE: Not Allowed

(Applicable only for estimated project cost of 50 Crore and above)

4.6.1. Joint ventures must comply with the following requirement:

(a) Following are the minimum qualification requirements:

(i) The lead partner shall meet not less than 50 percent of all criteria given in para

4.5.3 & 4.5.6 above. The joint venture must collectively satisfy the criteria of para

4.5.3 & 4.5.6 above. The experience of the other joint venture partners shall be

considered if it is not less than 30 percent of the qualifying criteria in para 4.5.3 &

(ii) Individually each member must satisfy the requirements of para 4.5.7 & 4.5.8

(b) Bid shall be signed so as to legally bind all partners, jointly and severally, and shall

be submitted with a copy of the joint venture agreement providing the joint and

several liabilities with respect to the contract.

4.6.2. Qualification of a joint venture does not necessarily qualify any of its partners

individually or as a partner in any other joint venture. In case dissolution of a joint

venture, each one of the constituent firms may qualify if they meet all the qualification

requirements, subject to the written approval of the Employer.

4.7. Bid Capacity.

Applicants who meet the minimum qualification criteria will be qualified only if their

available bid capacity at the expected time of bidding is more than the total

estimated cost of the works. The available bid capacity will be calculated as under:

Assessed Available Bid Capacity = ( A*N*2-B), where

A = Maximum value of work executed in any one year during the last five years

(updated to the price level of the year indicated in appendix) taking into

account the completed as well as works in Progress.

B = Value at current price level of the existing commitments and ongoing works to

be completed during the next ( period of completion of work for which

bids are invited ); and

N = Number of years prescribed for completion of the works for which the bids are

Note :- In Case of joint venture, the available bid capacity will be applied for

each partner to the extent of his proposed participation in the

execution of the work.

4.8 Even though the bidders meet the above qualifying criteria, they are subject to

be disqualified if they have:

- Made misleading or false representation in the forms, statements and

Attachments the submitted in proof the qualification requirements; and / or

- Record of poor performance such as abandoning the works, not properly

completing the contract, inordinate delay in completion, litigation history, or

financial failures etc.; and/ or

- Participated in the previous bidding for the same work and had quoted

unreasonably high bid prices and could not furnish rational justification to the

5. One bid per bidder

5.1. Each bidder shall submit only one bid for one package. A bidder who submits or

participates in more than one bid (other than as a subcontractor or in cases of

alternatives that have been permitted or requested) will cause all the proposals with

the bidder’s participation to be disqualified.

6. Cost of Bidding

6.1. The bidder shall bear all costs associated with the preparation and submission of his

Bid, and the Employer will in no case be responsible and liable for those costs.

7.1. The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and

examine the Site of work and its surrounding and obtain all information that may be

necessary for preparing the Bid and entering into a contract for construction of the

The costs of visiting the site shall be at the Bidder’s own expense.

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed below and addenda

issued in accordance with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

8.2. Volumes I, II, III and IV are available online and documents to be furnished by the

bidder in compliance to section 2 will be prepared by him and furnished as Volume-

V in two parts (refer clause 12).

8.3. The bidder is expected to examine carefully all instructions, conditions of contract,

contract data, forms, terms, technical specifications, bill of quantities, forms, Annexes

and drawings in the Bid Document. Failure to comply with the requirements of Bid

Documents shall be at the bidder’s own risk. Pursuant to clause 26 hereof, bids

which are not substantially responsive to the requirements of the Bid Documents

shall be rejected.

9. Clarification Bidding Documents

9.1 A prospective bidder requiring any clarification of the bidding documents may

notify the Employer in writing or through E-mail at the Employer’s address

indicated in the invitation to bid. The Employer will respond to any request for

clarification which he received earlier than 15 days prior to the deadline for

submission of bids. Employer’s response will be published on website including a

description of the enquiry but without identifying its source.

9.2. Pre-bid meeting

9.2.1. The bidder or his official representative is invited to attend a pre-bid meeting

which will take place at the address, venue, time and date as indicated in the

9.2.2. The purpose of the meeting will be to clarify issues and to answer questions on any

matter that may be raised at that stage.

9.2.3. The bidder shall be required to submit any questions in writing or e-mail to reach

the Employer not later than 03 days before the meeting.

9.2.4 Minutes of the meeting, including the question raised (Without identifying the

source of enquiry) and the responses given will be published without delay on the

tender website i.e. www.nprocure.com. Any modification of the bidding

documents listed in sub-Clause 8.1 which may become necessary as a result of the

pre-bid meeting shall be made by the Employer exclusively through the issue of an

Addendum pursuant to Clause 10 and not through the minutes of the pre-bid

9.2.5. Non-attendance at the pre-bid meeting will not be a cause for disqualification of a

10. Amendment of Bidding Documents

10.1 Before the deadline for submission of bids, the Employer may modify the bidding

documents by issuing addenda.

10.2. Any addendum thus issued shall be part of the bidding documents. The Employer

will assume no responsibility for the same.

10.3. To give prospective bidders reasonable time in which to take an addendum into

account in preparing their bids, the Employer may, at his discretion, extend as

necessary the deadline for submission of bids, in accordance with Sub-Clause

C. PREPARATION OF BIDS

11. Language of the Bid

11.1 All documents relating to the bid shall be in the English language.

12. Documents Comprising the Bid

12.1. The bid be submitted by the bidder as Volume V of the bid document (refer Clause

8.1) shall be in two separate parts:

Part I shall be named “Technical Bid/Preliminary Stage” and shall comprise

(i) Bid Security in the form specified in Section

(ii) Qualification Information and supporting documents as specified in Section

(iii) Certificates, undertakings, affidavits as specified in Section

(iv) Any other information pursuant to Clause 4.5 of these instructions

(v) Undertaking that the bid shall remain valid for the period specified in Clause

Part II shall be named “Financial Bid” and shall comprise

(i) Form of Bid as specified in Section

(ii) Priced Bill of Quantities for items specified in Section

12.2. The Bidder shall submit the details / information pertaining to each part i.e.

technical as well as financial and must be submitted online only.

12.3. Following documents will be deemed to be part of the bid.

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

13.1 The Contract shall be for the whole works as described in Sub-Clause 1.1, based on

the priced Bill of Quantities submitted by the Bidder.

13.2 The bidder shall fill in rates and prices and line item total (both in figures and words)

for all items of the Works described in the Bill of Quantities along with total bid price

(Both in figures and words). Items for which no rate or price is entered by the bidder

will not be paid for by the Bill of Quantities.

13.3 All duties, taxes, and other levies except GST payable by the contractor under the

contract, or for any other cause shall be included in the rates, prices and total Bid

Price submitted by the Bidder. (GST will be paid extra)

13.5 The rates and prices quoted by the bidder are subject to adjustment during the

performance of the Contract in accordance with the provisions of Clause 47 of the

Condition of Contract (Irrespective of the time limit and Bid Amount)

14. Currencies of Bid and Payment

14.1 The unit rates and the prices quoted by the bidder shall be entirely in Indian Rupees.

All payments shall be made in Indian Rupees.

15. Bid Validity

15.1 Bids shall remain valid for a period of not less than 120 days after the deadline date

forbid submission specified in Clause

15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer

may request that the bidders may extend the period of validity for a specified period.

A bidder may refuse the request without forfeiting his bid security. A bidder agreeing

to the request will not be required or permitted to modify his bid, but will be

required to extend the validity of his security for a period of the extension, and in

compliance with Clause 16 in all respects.

16. Bid Security

16.1. The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in

column 4 of the table of IFB for this particular work. This Bid security shall be in

favor of Employer as named in Appendix and may be in one of the following forms;

a. Bank Guarantee from any scheduled Indian bank, in the format given in

Volume III. (Bank Guarantee is applicable only for Bid Estimated Amount of

Crore and above) and Bank Guarantee of Schedule and Private Banks shall be

considered as per GoG Finance Department’s Circular No. FD/MSM/e-

file/4/2023/0057/D.M.O. Date 21/04/2023 or as per their latest amendment.

b. Fixed Deposit Receipt issued by any Scheduled Indian Bank or a foreign Bank

approved by the Reserve Bank of India.

A Valid Bid Security / EMD Exemption Certificate issued by (1) Road & Building

Department or (2) Narmada Water Resources, Water Supply and Kalpsar

Department of Govt of Gujarat. Exemption Certificate is applicable only when

Registration Certificate of Appropriate Class and Category of Approved

Contractors is required as eligible criteria of bidder.

16.2. Bank guarantees /Bid security (and other instruments having fixed validity) issued

as surety for the bid shall be valid for 45 days beyond the validity of the bid i.e. total

validity of 120+45 = 165 Days

16.3. Any bid not accompanied by an acceptable Bid Security and not secured as

indicated in Sub-Clauses 16.1 and 16.2 above shall be rejected by the Employer as

non-responsive.

16.4. The Bid Security of unsuccessful bidders will be returned within 28 days of the end

of the bid validity period specified in Sub-Clause

16.5 The Bid Security of the successful bidder will be discharged when the bidder has

signed the Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

(a) If the Bidder withdraws the bid after Bid opening during the period of Bid

(b) If the Bidder does not accept the correction of the Bid Price, if any or

(c) In the case of a successful Bidders, if the Bidder fails the specified time limit to

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

(d) If found necessary, the bidder will be intimated for negotiation, He will be intimated

maximum three times within the validity period for negotiation, If contractor does

not respond in time, his Bid Security (EMD) will be forfeited and his tender will be

rejected. Punitive action will be taken on such contractors. (As per GoGR&B Dept’s Gr.

17. Alternative Proposals by Bidders.

17.1. Bidders shall submit offers that fully comply with the requirements of the bidding

documents, including the conditions of contract (including mobilization advance or

time for completion), basic technical design as indicated in the drawing and

specifications. Conditional offers or alternative offers will not be considered further

in the process of tender evaluation.

18. Format and Signing of Bid

18.1. The Bidder shall prepare documents comprising the bid as described in Clause 12 of

these Instructions to bidder as the “Technical Bid “and “Financial Bid” in separate

parts to be uploaded.

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

20.1. Complete Bids must be received online by the Employer at the tender website

specified above not later than the date indicated in appendix.

20.2. The Employer may extend the deadline for submission of bids by issuing an

amendment in accordance with Clause 10, in which case all right and obligation of

the Employer and the bidders previously subject to the original deadline will then be

subject to the new deadline.

22. Modification and Withdrawal of Bids

22.1. Bidders may modify or withdraw their bids online before the deadline prescribed in

Clause 20 or pursuant to Clause

22.3. No bid shall be modified or withdrawn after the deadline for submission of Bid.

22.4. Withdrawal or modification of a bid between the deadline for submission of bids

and the expiration of the original period of bid validity specified in Clause

above or as extended pursuant to Clause 15.2 may result in the forfeiture of the Bid

security pursuant to Clause

E. BID OPENING AND EVALUATION

23. Bid Opening

23.1 The Employer will open all the Bids received including modifications made pursuant

to Clause 22, in the presence of the Bidders or their representatives who choose to

attend at time, date and the place specified in Appendix in the manner specified in

Clauses 20 and 23.3, In the event of the specified date of Bid opening being declared

a holiday for the Employer, the Bids will be opened at the appointed time and

location on the next working day.

23.3. The “Technical Bid” shall be opened. The amount, form and validity of the bid

security furnished with each bid will be announced. If the bid security furnished does

not conform to the amount and validity period as specified in the invitation for bid

(ref. Column 4 and paragraph 3), and has not been furnished in the form specified in

Clause 16, the technical bid will not be opened.

23.4. (i) Subject to confirmation of the bid security by the issuing Bank, the bids

accompanied with valid bid security will be taken up for evaluation with

respect to the Qualification information and other information furnished in

part I of the bid pursuant to Clause 12.1.

(ii) If required, the bidder will be asked in writing to clarify his Qualification

Documents with respect to any required clarification.

(iii) The bidders will respond in not more than 7 days of issue of the clarification

(iv) Immediately (usually within 3 or 4 days), on receipt of these clarification the

Evaluation Committee will finalize the list of responsive bidders whose

financial bids are eligible for consideration.

23.6 At the time of opening of “Financial Bid”, the names of the bidders were found

responsive in accordance with Clause 23.4(iv) will be announced. The bids of only

these bidders will be opened. The responsive Bidders’ names, the Bid prices, the

total amount of each bid, any discount and such other details as the Employer may

total amount of each bid, any discount and such other details as the Employer may

consider appropriate, will be announced by the Employer at the opening.

23.7 the time of opening of “Financial Bid”, the names of the bidders were found

responsive in accordance with Clause 23.4(iv) will be announced. The bids of only

these bidders will be opened. The responsive Bidders’ names, the Bid prices, the

total amount of each bid, any discount, and such other details as the Employer may

total amount of each bid, any discount, and such other details as the Employer may

consider appropriate, will be announced by the Employer at the opening.

23.8 In case bids are invited for more than one package, the order for opening of the

“Financial Bid” shall be in order of Estimated amount of Bids from highest to lowest.

23.9 The Employer shall prepare minutes of the Bid opening, including the information

disclosed to those present in accordance with Sub-Clause 23.6.

24.1 Information relating to the examination, clarification, evaluation, and comparison of

Bids and recommendations for the award of a contract shall not be disclosed to

Bidders or any other persons not officially concerned with such process until the

award to the successful Bidder has been announced. Any effort by Bidder to

influence the Employer’s processing of Bids or award decisions may result in the

rejection of his Bid.

25. Clarification of Financial Bids

25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may,

at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of

unit rates. The request for clarification and the response shall be in writing or by e-

mail, but no change in the price or substances of the Bid shall be sought, offered, or

permitted except as required to confirm the correction of arithmetic errors

discovered by the Employer in the evaluation of the Bids.

25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter

relating to his Bid opening to the contract is awarded. If the Bidder wishes to bring

additional information to the notice of the Employer, it should do so in writing.

25.3. Any effort by the Bidder to influence the Employer in the Employer's bid evaluation,

bid comparison or contract award decision may result in the rejection of the Bidders’

26. Examinations of Bids and Determination of Responsiveness

26.1 During the detail evaluation of "Technical Bid", the Employer will determine whether

each Bid (a) meets the eligibility criteria defined in Clause 3 and 4; (b) has been

properly signed; (c) is accompanied by the required securities and; (d) is

substantially responsive to the requirements of the Bidding document. During the

detailed evaluation of the “Financial Bid”, the responsiveness of the bids will be

further determined with respect to the remaining bid conditions, i.e., priced bill of

quantities, technical specifications, and drawings.

26.2 A substantially responsive “Financial Bid” is one which confirms all the terms,

conditions and specifications of bidding documents, without material deviation or

reservation. A material deviation or reservation is one (a) which affects in any

substantial way the scope, quality, or performance of the Works; (b) which limits in

any substantial way, inconsistent with the Bidding documents, the Employer’s rights

or the Bidder’s obligations under the Contract; or (c) whose rectification would affect

unfairly the competitive position of other Bidders presenting substantially

responsive Bids.

26.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the

Employer, and may not subsequently be made responsive by correction or

withdrawal of the non-conforming deviation or reservation.

29. Evaluation and Comparison of Financial Bids

29.1. The Employer will evaluate and compare only the Bids determined to be

substantially responsive in accordance with Sub-Clause 26.2.

29.3. The Employer reserves the right to accept or reject any variation or deviation.

Variation and deviations and other factors, which are in excess of the requirements

of the Bidding documents or otherwise result in unsolicited benefits for the

Employer, shall not be taken in to account in Bid evaluation.

29.4. The estimated effect of the price adjustment conditions under Clause 47 of the

Conditions of Contact, during the period of implementation of the Contract, will not

be taken in to account in Bid evaluation.

29.5. If the Bid of the successful Bidder is seriously unbalanced in relation to the

Engineer’s estimate of the cost of work to be performed under the contract the

Employer may require the Bidder to produce detailed consistency of those prices

with the construction methods and schedule proposed. After evaluation of the price

analyses, the Employer may require that the amount of the performance security set

forth in Clause 34 be increased at the expense of the successful /bidder to a level

sufficient to protect the Employer against financial loss in the event of default of the

successful Bidder under the Contract.

29.6. A bid which contains several items in the bill of Quantities which are unrealistically

priced low and which cannot be substantiated satisfactorily by the bidder may be

rejected as non-responsive.

F. AWARD OF CONTRACT

31. Award Criteria

31.1. Subject to Clause 32, the Employer will award the contract to the Bidder whose Bid

has been determined.

(i) to be substantially responsive to the Bidding documents and who has offered

the lowest evaluated Bid Price; and

(ii) to be within the available bid capacity adjusted to account for his bid price

which is the lowest evaluation in any of the packages opened earlier than the

one consideration.

In no case, the contract shall be awarded to any bidder whose available bid

capacity is less than the evaluated bid price, even if the said bid is the lowest

evaluated bid. The contract will in such cases be awarded to the next lowest bidder

at his evaluation bid price.

32. Employer’s Right to Accept any Bid and to Reject any or all Bids

32.1. Notwithstanding Clause 31, the Employer reserves the right to accept or reject any

Bid, and to cancel the Bidding process and reject all Bids, at any time prior to the

award of contract, without thereby incurring any liability to the affected bidder or

Bidder or any obligation to inform the affected Bidder or Bidders of the grounds for

the Employer’s action.

33. Notification of Award and Signing of Agreement

33.1. The Bidder whose Bid has been accepted will be notified of the award by the

Employer prior to expiration of the Bid validity period by cable, telex or facsimile

confirmed by registered letter. This letter (hereinafter and in the condition of

contract called the “Letter of Acceptance”) will state the sum that the Employer will

pay the Contractor in consideration of the execution, completion, and maintenance of

the Works by the Contractor as prescribed by the Contract (hereinafter and in the

Contract called the “Contract Price”).

33.2 The notification of award will constitute the formation of the contract, subject only to

the furnishing of a performance security in accordance with the provisions of Clause.

33.3. The Agreement will incorporate all agreements between the Employer and the

successful Bidder. It will be signed by the Employer and to the successful Bidder,

within 28 days following the notification of award along with the Letter of

Acceptance. Within 21 days of receipt, the successful Bidder will sign the Agreement

and deliver it to the Employer.

33.4. Upon the furnishing by the successful Bidder of the Performance Security, the

Employer will promptly notify the other Bidders that their Bids have been

34. Performance Security

34.1. (A) Within 10 (Ten) days of receipt of Letter of Acceptance, the successful Bidder

shall furnish to the Employer an irrevocable and unconditional guarantee from a

Bank in the form set forth in Section 8 (the “Performance Security”) for an

amount equal to 5% (Five percent) of its Contract Price. In case of bids

mentioned below, the successful Bidder, along with the Performance Security,

shall also furnish to the Authority an irrevocable and unconditional guarantee

from a Bank in the same form given at Section 8 towards an Additional

Performance Security (The “Additional Performance Security”) for an amount

calculated as under:

(a) If the Contract Price offered by the Selected Bidder is lower than 10% but

upto 20% of the Estimated Project Cost, then the Additional Performance

Security shall be calculated @ 20% of the difference in the (i) Estimated

Project Cost (as mentioned in Bid Document) - Minus 10% of the

Estimated Project Cost and (ii) Contract Price offered by the selected

(b) If the Contract Price offered by the Selected Bidder is lower than 20% of

the Estimated Project Cost, then the Additional Performance Security

shall be calculated @ 30% of the difference in the (i) Estimated Project

Cost (as mentioned in Bid Document) - Minus 10% of the Estimated

Project Cost and (ii) Contract Price offered by the selected Bidder.

(c) This Additional Performance Security shall be treated as part of the

Performance Security.

(B) The Performance Security shall be valid beyond 60(sixty) days of the Defects

Liability Period and the Additional Performance Security shall be valid

beyond 28 (twenty-eight) days of Project Completion Date.

(As per Got. R&B Department Tharav No.PARACH/102020/329/C Dt.3/2/2024)

34.2. If the performance security is provided by the successful Bidder in the form of a

Bank Guarantee, it shall be issued either (a) at the Bidder’s option, by a

Nationalized/Scheduled Indian bank or (b) by a foreign bank located in India and

acceptable to the Employer. As per GoG Finance Department’s Circular No.

FD/MSM/e-file/4/2023/0057/D.M.O. Date 21/04/2023 or as per their latest

34.3. Failure of the successful Bidder to comply with the requirement of Sub-Clause

shall constitute sufficient grounds for cancellation of the award and forfeiture of

the Bid Security.

35 Advance Payment and Security

35.1 The Employer will provide an Advance payment on the Contract Price as stipulated

in the Conditions of Contract, subject to maximum amount, as stated in the

37. Corrupt of Fraudulent Practices

37.1 The Employer will reject a proposal if it determines that the Bidder recommended

for award has engaged in corrupt or fraudulent practices in completing for the

contract in question and will declare the firm ineligible, either indefinitely or for a

stated period of time, to be awarded a contract with National Highways Authority of

India/ State PWD and any other agencies, if it at any time determines that the firm

has engaged in corrupt or fraudulent practices in completing for the contractor, or

37.2 Furthermore, Bidders shall be aware of the provision stated in Sub- Clause 59.2 of

the Conditions of Contract.

APPENDIX TO ITB

Clause Reference

With respect to

1. The Name of the Employer is Executive [ Cl.1.1]

Engineer Panchayat R&B, Division, Bhavnagar

2. The last five years.

3. This Annual Financial Turnover Amount is Rs. [Cl.4.5.3 (a)]

4. Value of Work is Rs. ……………

6. The cost of electric work is Rs.

7. The cost of water supply / sanitary works is Rs.

8. Liquid assets and / or availability of creditfacilities [Cl.4.5.6 ]

is 25% of Tender Amount Rs. …………

9. Price level of the financial year …………… [Cl. 4.5.2]

10. The pre-bid meeting will take place at …………. [Cl. 9.2.1]

11. The technical Bid will be opened at the office of

12. Address of the Employer: Khas Road ,District

Panchayat,R&B Division, Bhavnagar

14. The bid should be submitted latest by [Cl. 20.1 & 20.2]

As stated on online NIT

15. The bid will be opened at …………………………… [Cl. 23.1 ]

As stated on online NIT

16. The Bank Draft in favor of ………………………..

18. Escalation factors (for the cost of works [Cl.4.5.2]

executed and financial figure to a common base

value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender 20 -20

#LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT WORK

[Reference CL. 4.5.5]

The contractors shall also give a list of machineries in his possession and which they

propose to use on the work.

Sr. Plant or Location Age of Make Capacity Approximate Remark

No. Machinery Machinery Value

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

# Employment of a qualified site Engineer by the Contractor.

The Contractor shall employ full-time technically qualified staff during the execution of this

work as under: -

1. Two graduate Civil Engineers and three diploma Civil Engineers when cost of the work

to be executed is more than Rs.50 lakhs.

2. One graduate & two Diploma, Civil Engineers when the cost of the work to be executed

is more than Rs.15 lakhs but less than Rs.50 lakhs.

3. Minimum Two Diploma Civil Engineer when the cost of work is less than Rs.15 lakhs

but more than Rs.5 lakhs.

4. Minimum One Diploma Civil Engineers for the work when the cost of work to be

executed is less than Rs. 5 lakhs. The Engineer so employed for the Government work

must have sufficient experience to handle the work independently. Such an Engineer

shall have to stay at the site of work and he shall not be entrusted with other duty

except this work.

In case the contractor or partner of the contractor firm is a Civil Graduate Engineer,

Employment of a separate Engineer will not be necessary provided that the Engineer

partner himself attends the execution of the work on the site.

Within 15 days of issue of work-order the Contractor will have to furnish to the

Deputy Executive Engineer-in-charge of the work the Name, Qualifications, copy of

marksheet, Colour Photograph and the appointment order issued such engineers

engaged for this contract work. If 15 days after issue of work order such designated

Site Engineers do not resume or do not remain present on site of work, the recovery at

the rate of Rs.15,000-00 per month per Engineer will be made from the

bills/deposit/dues of the contractor. Such recovery shall be non-refundable.ractor.

Such recovery shall be non-refundable.

QUALIFICATION INFORMATION

QUALIFICATION INFORMATION

The information to be filled in by the Bidder in the following pages will be used for

the purpose of post qualification as provided for in Clause 4 of the Instruction to Bidders.

This information will not be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder

Place of registration

Principal place of business

Power of attorney of signatory of Bid

1.2 Total value of Civil engineering constructions 20

Work performed in the last five years 20

(in Rs. Lakhs) 20

1.3.1 Work performed as prime contractor, work performed in the past as a nominated sub-

contractor will also be considered the sub-contract involved execution of all

main items of work described in the bid documents, provided further that all other

qualification criteria are satisfied (in the same name) on works of a similar nature

over the last five years** and in current year before the submission of the bid.

Project Name of Description Contract Value of Date Stipulated Actual date Remark

Name the of work No. contract of period of of explaining

Employer (Rs. issue completion completion* reasons for

Crore) of delay &

order Completed

*Attach certificate(s) from the Engineer(s)in-charge

** Immediately preceding the financial year in which bids are received.

#1.3.2 Quantities of work executed as prime contractor, work performed, in the past as a

nominated sub-contractor, will also be considered provided the sub-contract

involved execution of all main items of work described in the bid document,

provided, further that all other qualification criteria are called (in the same name and

style) in the last five years** and in current year before the submission of the bid.

Year Name Name of Quantity of work performed (Cum/MT) Remarks*

of the the Cement Masonry Earth Bituminous (indicate

work Employer Concrete Works Work contract Ref)

1.4 Information on Bid Capacity (works for which bids have been submitted and works

which are yet to be completed) as on the date of this bid.

(A) Existing commitments and on-going works:

Description Place Contract Name & Value Stipulated Value of Anticipated

of works & No. Address Contract Period of Works* of

State of (Rs. Cr) Completion remaining completion

*Attach certificate (s) from the Engineer(s) in-charge

** Immediately preceding the financial year in which bids are received.

1.5 Availability of key items of Contractors Equipment for carrying out the works (Ref.

Clause 4.5.5). The Bidder should list all the information requested below.

Item of Requirement Availability Proposals Remarks

Equipment NO Capacity Owned/ Nos/. Age/ (from

Leased to be Capacity Conditions whom to

1.6 Qualifications and experience of key personnel required for administration and

execution of the contract. Attach biographical data. Refer also to Sub Clause 9.1 of

the Conditions of Contract.

Position Name Qualification Year of Year of

Experience experience in

(General) the proposed

Project Manager

1.7 Proposed sub-contract and firms involved

Sections of the Value of Sub- Sub-Contractor Experience in

works Contractor (Name & similar work

Attach copies of certificates on possession of valid license for executing water

supply/ sanitary work/ building electrification works.

1.8 Financial reports for the last five years: balance sheets, profit and loss statements,

auditors’ reports (in case of companies/corporations), etc. List them below and

1.9 Evidence of access to financial resources to meet the qualification requirements:

cash in hand, lines of credit, etc. List them below and attach copied documents.

1.10 Name, address, and telephone, telex, and fax numbers of the Bidders bankers who

may provide references if contacted by the Employer.

1.11 Information on Litigation history in which the Bidder is involved.

Other Party Employer Cause of Amount Remarks

(ies) Dispute Involved showing

1.12. Statement of compliance under the requirements of Sub Clause 3.2 of the instruction

to Bidders. (Name of Consultant engaged for project preparations is * ............................. )

1.13 Proposed work method and schedule. The Bidder should attach descriptions,

drawings and charts as necessary to comply with the requirements of the Bidding

documents. (Refer ITB Clause 4.1)

3. Additional Requirements

3.1 Bidders should provide any additional information required to fulfill the

requirements of Clause 4 of the Instructions to the Bidders, if applicable.

(ii) Undertaking

* Fill the name of Consultant

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR

AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

This is to certify that M/s. is a reputed company

with a good financial standing.

If the contract for the work, namely is awarded to the

above firm, we shall be able to provide overdraft/credit facilities to the extent of

Rs. to meet their working capital requirements for executing the above

during the contract period.

Senior Bank Manager

Address of the Bank

1. I, the undersigned, do hereby certify that all the statements made in the required

attachments are true and correct.

2. The undersigned also hereby certifies that neither our firm M/s.

_ have not abandoned any work of

Government of Gujarat/Government of India/any Board or Corporation under

Government of Gujarat/Government of India nor any contract awarded to us for

such works have been rescinded, during last five years prior to the date of this

3. The undersigned hereby authorize(s) and request (s) any bank, person, firm or

corporation to furnish pertinent information deemed necessary and requested by

the Department to verify this statement or regarding any (our) competence and

general reputation.

4. The Undersigned understands and agrees that further qualifying information

may be requested, and agrees to furnish any such information at the request of

the Department/ Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

I, the undersigned do hereby undertake that our firm

up to 25% of the value of the work during implementation of the contract.

(Signed by an Authorized officer of the firm)

Title of officer

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A General Page D. Cost Control

1 Definitions 37 37 Bill of Quantities

2 Interpretation 38 38 Changes in the Quantities

3 Language and Law 39 39 Variations

4 Engineer’s Decisions 39 40 Payments for Variations

5 Delegations 39 41 Cash Flow Forecasts

6 Communications 39 42 Payment Certificates

7 Sub-Contractors 39 43 Payments

8 Other Contractors 39 44 Compensations Events

9 Personnel 40 45 Tax

10 Employer’s & Contractor Risk 40 46 Currencies

11 Employers Risks 40 47 Price Adjustment

12 Contractor’s Risk 40 48 Retention

13 Insurance 40 49 Liquidated damages

14 Site Investigations Reports 41 50 Bonus

15 Queries about the Contract 41 51 Advance Payment

16 Contractors to Construct the 41 52 Securities

17 The Works to be Completed By 41 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 41 54 Cost of Repair

20 Discoveries 42 E. Finishing the Contract

21 Possession of the Site 42 55 Completion

22 Access to the Site 42 56 Taking Over

23 Instructions 42 57 Final Account

24 Disputes 42 58 Operating and Maintenance

25 Procedure for Disputes

26 Deleted 43 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 44 62 Release from Performance

28 Extensions of the Intended

completion date

29 Deleted 44 F. Special Conditions of

30 Delays Ordered by The 44 63 Labour

Engineer 64 Compliance with labour

31 Management Meetings 45 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

CONDITIONS OF CONTRACT

1.1 Terms which are defined in the Contract Data are not also defined in the Conditions

of Contract but keep their defined meaning.

Bill of Quantities means the priced and completed Bill of Quantities

forming part of the Bid

Compensation Events are those defined in Clause 44 hereunder

The Completion Date is the date of completion of the Works as certified by

the Engineer in accordance with Sub Clause

The Contract is the contract between the Employer and Contractor to

execute, complete and maintain the Works till the completion of Defects

Liability Period. It consists of the documents listed in Clause 2.3 below.

The Contract data defines the documents and other information which

comprise the Contract.

The Contractor is a person or corporate body whose Bid to carry out the

Work has been accepted by the Employer.

The Contractor’s Bid is the completed Bidding document submitted by the

Contractor to the Employer and includes Technical and Financial Bids.

The Contract Price is the price stated in the Letter of Acceptance and

thereafter as adjusted in accordance with the provisions of the Contract.

Days are calendar days: months are calendar months.

The Defects Liability Period is the period named in the Contract Data and

calculated from the Completion Date.

The Employer is the party who will employ the Contractor to carry out the

The Engineer is the person named in the Contract Data (or any other

competent person appointed and notified to the contractor to act in replacement of

the Engineer) who is responsible for supervising the Contractor, administering the

Contract, certifying payments due to the Contractor, issuing and valuing Variations

to the Contract, awarding extensions of time, and valuing the Compensations

Equipment is Contractor’s machinery and vehicles brought temporarily to

the site to construct the Works.

The Initial Contract Price is the Contract Price listed in the Employer’s

Letter of Acceptance.

The Intended Completion Date is the date on which it is intended that the

Contractor shall complete the Works. The Intended Completion Date is specified in

the Contract Data. The Intended Completion Date may be revised only by the

Engineer by issuing an extension of time.

Materials are all supplies, including consumables, used by the contractor for

incorporation in the works.

Plant is any integral part of the work which is to have mechanical, electrical,

electronic or chemical or biological functions.

The Site is the area defined as such in the Contract Data.

Site Investigation Reports are those which were included in the Bidding

documents and are factual interpretive reports about the surface and subsurface

conditions at the site.

Specifications means the Specifications of the works included in the Contract

and any modification or addition made or approved by the Engineer.

The Start Date is given in the Contract Data. It is the date when the

Contractor shall commence execution of the works. It does not necessarily coincide

with any of the Site Possession Dates.

A Subcontractor is a person or corporate body who has a Contract with the

Contractor to carry out a part of the work in the Contract which includes work on the

Temporary Works are works designed, constructed, installed, and removed

by the Contractor which are needed for construction or installation of the Works.

A Variation is an instruction given by the Engineer, which varies the Works.

The Works are what the Contract requires the Contractor to construct, install,

and turn over to the Employer, as defined in the Contract Data.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male

also means female or neuter and the other way around. Heading have no

significance. Words have their normal meaning under the language of the

Contract unless specifically defined. The Engineer will provide instructions

clarifying queries about Conditions of Contract.

2.2 If sectional completion is specified in the Contract Data, references in the

Conditions of Contract to the Works, the Completion date, and Intended

Completion Date apply to any Section of the Works (other than references to

the Completion Date and Intended Completion date for the whole works)

2.3 The documents forming the Contract shall be interpreted in the following

order of priority

(2) Letter of Acceptance, notice to proceed with works

(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

(9) Any other document listed in the Contract Data as forming part of the

3. Language and Law

3.1 The language of the Contract and the law governing the Contract are stated in

the Contract Data.

4. Engineers Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide

contractual matters between the Employer and the Contractor in the role

representing the Employer.

5.1 The Engineer may delegate any of his duties and responsibilities to other

people after notifying the Contractor and may cancel any delegation after

notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the conditions are

effective only when in writing. A notice shall be effective only when it is

delivered (in terms of Indian Contract Act).

7. Sub-Contracting

7.1 The Contractor may subcontract any portion of work, up to a limit specified in

contract data, with the approval of the engineer but may not assign the

Contract without the approval of the Employer in writing. Subcontracting

shall not alter the Contractor’s obligations. Sub-contracting of supply or

specific items of work is not allowed.

7.2 The sub-contractor must be registered in appropriate class and category for

the part of work to be subcontracted.

8. Other Contractors

8.1 The Contractor shall cooperate and share the Site with other contractors,

public authorities, utilities and the Employer between the dates given in the

Schedule of other Contractor. The Contractors shall as refer to in the Contract

Data, also provide facilities and services for them as described in the

Schedule. The employer may modify the schedule of other contractors and

shall notify the contractor of any such modifications.

9.1 The Contractor shall employ the key personnel named in the Schedule of Key

Personnel as referred to in the Contract Data to carry out the functions stated

in the Schedule or other personnel approved by the Engineer. The Engineer

will approve any proposed replacement of key personnel only if their

qualifications, abilities, and relevant experience are substantially equal to or

better than those of the personnel listed in the Schedule.

9.2 If the engineer asks the Contractor to remove a person who is a member of

the Contractor Staff or his work force stating the reasons the Contractor shall

ensure that the person leaves the Site within seven days and has no further

connection with the work in the Contract.

10. Employer’s and Contractors Risks

10.1 The Employer carries the risk which these Contract states are Employer’s

risks, and the Contractor carries the risks which these Contracts states are

Contractors risk.

11. Employer’s Risks

11.1 The employer is responsible for the excepted risks which are (a) in so far as

they directly affect the execution of the Works, the risks of war, hostilities,

invasion, act of foreign enemies, rebellion, revolution, insurrection or military

or usurped power, civil war, riot commotion or disorder (unless restricted to

the Contractor’s employees), and contamination from any nuclear fuel or

nuclear waste or radioactive toxic explosive.

12. Contractor’s Risks

12.1 All risks of loss of or damages to physical property and of personal injury and

death which arise during and in consequence of the performance of the

Contract other than the excepted risks are the responsibility of the

13.1 The Contractor shall provide, in the joint names of the Employer and the

Contractor, insurance cover from the Start date to the end of the Defects

Liability Period, in the amounts and deductibles stated in the Contract data

for the following events which are due to the Contractor’s risks:

(a) Loss of or damage to the works, Plant and materials,

(b) Loss of or damage to Equipment

(c) Loss of or damages of property (expect the Works, Plant, Materials and

Equipment) in connection with the Contract; and

(d) Personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to

the Engineer for the Engineer’s approval before the Start Date. All such

insurance shall provide for compensation to be payable in the types and

proportions of currencies required to rectify the loss or damage incurred.

13.3 If the Contractor does not provide any of the policies and certificates

required, the Employer may affect the insurance which the Contractor should

have provided and recover the premiums the Employer has paid from

payments otherwise due to the Contractor or, if no payment is due, the

payment of the premiums shall be a debt due.

13.4 Alterations to the terms of an insurance shall not be made without the

approval of the Engineer.

13.5 Both parties shall comply with any conditions of the insurance policies.

14. Site Investigation Report

14.1 The Contractor in preparing the Bid shall rely on any site Investigation

reports referred to in the Contract Data, supplemented by any information

available to the Bidder.

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

16.1 The Contractor shall construct and install the works in accordance with the

specification and Drawings.

17. The Works to be completed by the Intended Completion Date

17.1 The Contractor may commence execution of the Works on the Start Date and

shall carry out the Works in accordance with the programme submitted by

the Contractor, as updated with the approval of the Engineer, and complete

them by the Intended Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the

proposed Temporary works to the Engineer, who is to approve them if they

comply with the Specifications and drawings.

18.2 The Contractor shall be responsible for design of temporary works.

18.3 The Engineer’s approval shall not alter the contractor responsibility for

design of the Temporary works.

18.4 The Contractor shall obtain approval of third parties to the design of the

Temporary works where required.

18.5 All Drawings prepared by the Contractors for the execution of the temporary

or permanent work are subject to prior approval by the Engineer before their

19.1 The Contractor shall be responsible for the safety of all activities on the Site.

20. Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly

discovered on the site is the property of the Employer. The contractor is to

notify the engineer of such discoveries and carry out the Engineer’s

instructions for dealing with them.

21. Possession of the Site

21.1 The Employer shall give possession of all parts of the site to the Contractor. If

possession of a part is not given by the date stated in the Contract Data the

Employer is deemed to have delayed the start of the relevant activities and

this will be a Compensation Event.

21.2 If within 25% of the time limit of the project, 80% of possession of the site is

not handed over to the Contractor, then contractor/ Employer may fore-close

the contract. Contractor/Employer has to foreclose the work within 30 days

after lapse of 25%-time limit and after 30 days foreclosure option will be

22. Access to the Site

22.1 The Contractor shall allow the Engineer and any person authorized by the

Engineer access to the Site, to any place where work in connection with the

Contract is being carried out or is intended to be carried out and to any place

where materials or plants are being manufactured/ fabricated/ assembled for

23. Instructions

23.1 The Contractor shall carry out all instructions of the Engineer pertaining to

works which comply with the applicable laws where the site is located.

23.2 The Contractor shall permit the Employer to inspect the Contractor’s

accounts and records relating to the performance of the Contractor and to

have them audited by auditors appointed by the Employer, if so required by

24.1 If the Contractor is of the view that a decision taken by the Engineer was

either outside the authority given to the Engineer by the Contractor that the

decision was wrongly taken, the decision shall be referred to Superintending

Engineer pan(R&B)circle Rajkot-2 (Higher Authority) within 14 days of the

notification of the Engineer's decision. If the issue is not resolved, any party

can refer the matter for conciliation within 15 days from the decision given by

the Superintending Engineer pan(R&B)circle Rajkot-2.

25. (a) For the work upto Rs.100 Cr., if any of the parties not satisfied with the

decision of the # Superintending Engineer pan(R&B)circle Rajkot-2 both the

parties have to refer to the Chief Engineer concern for the conciliation process.

(b) For the work mor ethan Rs.100 Cr., if any of the parties not satisfied with the

decision of the # Superintending Engineer pan(R&B)circle Rajkot-2, both the

parties have to refer to the # Secretary, Roads & Building Department,

Government of Gujarat for the conciliation process. If the dispute is not resolved

through the conciliation process, he may refer the dispute to Gujarat Public Works

Contract Dispute Arbitration Tribunal. If the Contractor failed to refer claim /

dispute to the Higher Authority within 14 days of the notification of the Engineer's

decision, the Contractor shall not been titled to any additional payment / claim if

he doesn't follow the above sequence in stipulated time and he should not stop the

work. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the arbitration

procedure stated in the Special Conditions of Contract.

B. TIME CONTROL

27.1 Within the time stated in the Contract Data the Contractor shall submit to the

Engineer for approval a Programme showing the general methods,

arrangements orders, and timing for all the activities in the works along with

monthly cash flow forecast.

27.2 An update of the Programme shall be a programme showing the actual

progress achieved on each activity and the effect of the progress achieved on

the timing of the remaining work including any changes to the sequence of

the activities.

27.3 The Contractor shall submit to the Engineer, for approval an updated

programme at intervals no longer than the period stated in the Contract data.

If the Contractor does not submit an updated programme within this period,

the Engineer may withhold the amount stated in the Contract data from the

next payment after the date on which the overdue programme has been

27.4 The Engineer’s approval of the programme shall not alter the Contractor’s

obligations. The Contractor may revise the programme and submit it to the

Engineer again at any time. A revised programme is to show the effect of

Variations and Compensations events.

28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date if a compensation

Event occurs or a Variation is issued which makes it impossible for

completion to be achieved by the Intended Completion Date without the

Contractor taking steps to accelerate the remaining work and which would

cause the Contractor to incur additional cost.

28.2 The Engineer shall decide whether and by how much to extend the Intended

Completion Date within 35 days of the Contractor asking the Engineer for a

decision upon the effect of a compensation event or Variation and submitting

full supporting information. If the Contractor has failed to give early warning

of a delay or has failed to cooperate in dealing with a delay, the delay by this

failure shall not be considered in assessing the new Intended Completion

28.3 The Engineer shall within 14 days of receiving full justification from the

contractor for extension of Intended Completion Date refer to the Employer

his decision. The employer shall in not more than 21 days communicate to the

engineer the acceptance or otherwise of the Engineer’s decision. If the

employer fails to give his acceptance, the Engineer shall not grant the

extension and the contractor may refer the matter under Clause

30. Delays Ordered by the Engineer

30.1 The Engineer may instruct the Contractor to delay the start or progress of any

activity within the works.

31. Management Meetings

31.1 Either the Engineer or the Contractor may require the other to attend a

management meeting. The business of a management meeting shall be to

review the plans for remaining work and to deal with matters raised in

accordance with the early warning procedure.

31.2 The Engineer shall record the business of management meetings and is to

provide copies of his record to those attending the meeting and to the

Employer. The responsibility of the parties for actions to be taken is to be

decided by the Engineer either at the management meeting or after the

management meeting and stated in writing to all who attended the meeting.

32. Early Warning

32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific

likely future events or circumstances that may adversely affect the quality of

the work, increase the Contract price or delay the execution of works. The

Engineer may require the contractor to provide an estimate of the expected

effect of the future event or circumstance on the contract price and

completion date. The estimate is to be provided by the Contractor as soon as

reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and considering

proposals for how the effect of such an event or circumstance can be avoided

or reduced by anyone involved in the work and in carrying out any resulting

instruction of the Engineer.

C. QUALITY CONTROL

33. Identifying Defects/ Defect liability period

33.1 : Defect liability period : 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 Engineer in charge shall give the contractor a notice in writing about the

defects and the contractor shall make good the same 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 3 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

tender), the period shall be 12 (Twelve) months from the certified date of

completion or one monsoon, whichever is later.

(c) For major projects costing more than Rs. 1 crore, the period shall be

Months from the certified date of completion which should include three

(d) For original building works the defect liability period will be 4 years or elapse

of 4 monsoon period following date of possession of building taken over by

user agency following the certified date of completion, whichever is later.

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

treated as the last date.

Modified vide R & B D Circular No. PAC-11-102008-2076-N dated 31/8/2009,

PRCH/102013(2976) 2759-N, Dated 27/05/2013 and Circular

No.TNC/10/2016/Clause 17A (Correction/(1)C Dated 12/05/2016]

33.2 Free maintenance guarantee period for works of Road/Bridge construction

(a) For resurfacing work of road free maintenance guarantee period Four

year from the date of completion.

(b) In case of widening of the road/strengthening of the road/bridge, the

contractor shall have to give Four years free maintenance guarantee from

the certified date of completion. During this period the contractor shall

visit the site every six months along with the concerned Section Officer /

Deputy Executive Engineer and will examine the work already carried out

in this contract like road work, jungle cutting, side shoulders, side gutter,

road furniture, patta etc. and will prepare Km. wise inspection report duly

signed by all concerned and any defect observed shall be done within

days by the contractor at his risk and cost as per the direction of Engineer

in charge. The contractor needs to do videography of these visits and

require to submit at the time of release of FMG. If B.T. the surface during

the maintenance period of 4 years is worn out then agency shall have to

provide renewal coating as per tender item as directed by the Engineer-in-

charge. The amount equivalent to 5% of each running bill shall be

withheld and will be released after the free maintenance guarantee period

(i.e. 4 years) is over.

However, this amount shall be released against fixed deposit or bank

guarantee pledged in the name of Executive Engineer after completion

certificate of work is issued.

(1) The flakiness and elongation index (combined) for coarse aggregates

under no circumstances shall exceed the allowable limit set forth in the

relevant clause for the material in question.

(2) 2% of the amount eligible for the payment of bituminous items shall be

withheld till the miscellaneous items like earthwork in embankment /

cutting for side shoulders, side gutters, kilometer / indicator / guard

stones, sign boards etc. are completed in all respect by the contractor.

After completion of the miscellaneous items, the above said 2% withheld

amount shall be released.

(Govt. of Gujarat's G.R. No.: TNC-10-2013-3(Part-3)/C, Dtd. 13/12/2013).

(3) Videography for the surface under Maintenance Guarantee is to be done as

per Govt. letter No.: SSR/10/2015-16/26/C, Dtd. 26/11/15 for the work

costing more than Rs. 5.00 Crore.

(4) Setting up of adequate laboratory & deployment of quality engineers.

The contractor shall have to set up the laboratory with adequate

equipment. Till the setting up of adequate laboratory is completed &

reported of this to the engineer (subject to due verification by engineer’s

representative) by contractor in writing, Rs.2,00,000/- shall be withheld.

The qualified quality Engineer shall be deployed exclusively for this

contract by the contractors. If quality Engineer is not deployed by

contractor within one month after the date of work order, the amount

equivalent to Rs.20,000 per month shall be recovered till the actual

deployment of quality engineer. The amount so recovered towards the

deployment of quality engineers shall not be refunded.

(5) Asphalt work will have to be cross checked as per G.R. No.:

RGN/60/2006/35/C, dtd.31/05/07 before final bill is paid.

(6) Maintenance during Construction Period

During the Construction Period, the Contractor shall maintain, at his own

risk and cost, the existing lane(s) of the road so that the traffic worthiness

and safety thereof are at no time materially inferior as compared to their

condition 10 (ten) days prior to the date of the Agreement, and shall

undertake the necessary repair and maintenance works for this purpose;

provided that the Contractor may, at his cost, interrupt and divert the flow

of traffic if such interruption and diversion is necessary for the efficient

progress of works and conforms to Good Industry Practice; provided

further that such interruption and diversion shall be undertaken by the

Contractor only with the prior written approval of the Executive Engineer

which approval shall not be unreasonably withheld. For the avoidance of

doubt, it is agreed that the Contractor shall at all times be responsible for

ensuring safe operation of the road.

33.3 The Engineer shall check the Contractor’s work and notify the Contractor of

any defects that are found. Such checking shall not affect the Contractor’s

responsibilities the Engineer may instruct the Contractor to search for a

Defect and to uncover and test any work that the Engineer considers may

34.1 If the engineer instructs the Contractor to carry out a test not specified in the

Specification to check whether any work has a Defect and the test shows that

it does, the Contractor shall pay for the test and any samples. If there is no

defect the test shall be a Compensation Event.

34.2 1% of the amount of work done should be deducted from R.A. Bill of the

contractor for testing the quality of material workmanship, irrespective of

actual charges.

34.3 Agency has to establish testing laboratory on site for the various test to be

carried out in the work for this purpose agency shall construct a pukka

laboratory building with all facility on site at location specified by the

engineer in charge.

35. Correction of defects

35.1 The engineer shall give notice to the Contractor of any defects before the end

of the defects Liability Period, which begins at Completion and is defined in

the contract data. The Defects Liability Period shall be extended for as long as

Defects remain to be corrected.

35.2 Every time notice of a Defect is given, the Contractor shall correct the notified

defect within the length of time specified by the Engineer’s notice.

36. Uncorrected Defects

36.1 If the Contractor has not corrected a defect within the time specified in the

Engineer’s notice, the Engineer will assess the cost of having the Defect

corrected, and the Contractor will pay this amount.

D. COST CONTROL

37. Bill of Quantities

37.1 The bill of Quantities shall contain items for the constructions, installation,

testing and commissioning work to be done by the Contractor.

37.2 The bill of Quantities is used to calculate the Contract price. The Contractor is

paid for the quantity of the work done at the rate in the Bill of Quantities for

38. Change in the Quantities

38.1 The Engineer shall have power to make any alterations in or addition to the

original specifications , drawings, 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 and such alteration shall not invalidate the contract and 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

the same conditions in all respects on which he agreed to do the main work

and at the same rate as are specified in the tender for the main work.

Except that when the quantity of any item exceeds the quantity as in the

tender by more than 130%, the contractor will be paid for the quantity in

excess of 130%, at the rate entered in the SOR of the year during which the

excess in quantity is first executed.

39.1 All Variations shall be included in updated programmes produced by the

40. Payments for Variations

40.1 If the additional or 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 as

(i) At the rate derived from the item within the contract which is comparable to

the one involving additional or altered class of work; where there are more

than one comparable items, the item of the contract which is nearest in

comparison with regard to class or classes of the work involved shall be

selected and the decision of the Superintending Engineer as to the nearest

comparable item shall be final and binding on the contractor.

(ii)If the rate cannot be derived in accordance with (i) above, such class of works

shall be carried out at the rate entered in the Schedule of Rates of the division

for the year in which the tender was received, increased or decreased by the

percentage by which the tender amount is more or less as compared to the

amount arrived at the rates in the “Schedule of Rates” of the Division in the

year in which the tender was received. If the Schedule of rates of the Division

does not contain all the items, the percentage increase or decrease of the

tender shall be calculated considering such items which were included in the

“Scheduled Rates” of the division for the year and for materials consumed on

such item the rate to be charged would be the basic rate taken into account

for fixing the rate in S.O.R. referred to above.

(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class of

work shall be carried out at the rate decided by the competent authorities on

the basis of detailed rate analysis after hearing the contractor before a

Committee of two Superintending Engineers stationed at the same place or

the nearest place.

40.2 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 rate is agreed

upon, then the contractor shall within seven days of the date of receipt by him

of the order to carry out the work, inform the Engineer-in-charge of the rate,

which it is his intention to charge for such class of work and if the Engineer in

charge does not agree to this rates, he shall by notice 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 it advisable, provided always that if the

contractor shall commence work or incur any expenditure in regard thereof

before the rates shall have been determined as lastly herein before

mentioned, then in such cases 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 Engineer-in-charge. In the event of the dispute, the decision of

the Superintending Engineer of the Circle shall be final.

Where, however, the work is to be executed according to the designs,

drawings and specifications recommended by the contractor and accepted by

the competent authority, the alternation above referred to shall be within the

scope of such designs, drawings and specifications appended to the tenders.

The time limit for the completion of the work shall be extended in the

proportion that the increase in the cost occasioned by alterations bears to the

cost of the original work and the certificate of the Engineer-in-charge as to

such proportion shall be final and conclusive.

41. Cash Flow Forecasts

41.1 When the programme is updated, the contractor is to provide the engineer

with an updated cash flow forecast.

42. Payment certificates.

42.1 The Contractor shall submit to the Engineer monthly statements of the

estimated value of the work completed less the cumulative amount certified

42.2 The Engineer shall check the Contractor’s monthly statement within 14 days

and certify the amount to be paid to the Contractor after taking in to account

any credit or debit for the month in question in respect of materials for the

works in the relevant amounts and under conditions set forth in sub-clause

32.3 of the Contract Data (secured Advance).

42.3 The value of work executed shall be determined by the Engineer.

42.4 The value of work executed shall comprise the value of the quantities of the

items in the Bill of Quantities completed.

42.5 The value of work executed shall include the valuation of variations and

compensation events.

42.6 The Engineer may exclude any item certified in a previous certificate or

reduce the proportion of any item previously certified in any certificate in the

light of later information

43.1 Payments shall be adjusted for deductions for advance payments, retention,

other recoveries in terms of the contract and taxes at source, as applicable

under the law. The Employer shall pay the Contractor the amounts certified

by the Engineer within 28 days of the date of each certificate.

43.2 Payment of GST (prevailing rates) on the amount payable under the contract

to the Contractor will be made by the Employer. Hence, it is the responsibility

of the contractor to pay the GST to the concerned Authority.

43.3 Items of the works for which no rate or price has been entered in will not be

paid by the Employer and shall be deemed covered by other rates and prices

in the Contract.

44. Compensation events

44.1 The following are compensation Events unless they are caused by the

(a) The Employer does not give access to a part of the Site by the site

Possession date stated in Contract data to the Contractor

44.2 In case of compensation event occurs and it prevents the work being

completed beyond the Intended Completion Date then Authority will approve

EOT with eligible contractual price escalation.

45.1 The rates quoted by the Contractor must be inclusive of all taxes prevailing on

due date of bid submission except GST. However, any subsequent changes in

the tax structure by Government after due date of bid submission will be

compensated (+/-) on availability or submission of actual documentation.

Contractor will have to intimate Engineer regarding changes occurred in the

tax structure after bid submission. If the contractor fails to provide such

information and if any financial obligation may arise due to change in tax

structure, same will be recovered from the contractor.

45.2 GST will be paid separately on the bills. Hence, it is the responsibility of the

contractor to pay the GST to the concerned Authority.

46. Currencies.

46.1 All payment shall be made in Indian Rupees.

47. Price Adjustment

47.1 Contract price shall be adjusted for increase or decrease in rates and price of

labour, materials, fuels and lubricants in accordance with the following

principles and procedures and as per formula given in the contract data:

(a) The price adjustment shall apply for the work done from the start date

given in the contract data up to end of the initial intended completion date

or extensions granted by the Engineer and shall not apply to the work

carried out beyond the stipulated time for reasons attributable to the

(b) The price adjustment shall be determined during each month from the

formula given in the contract data.

(c) Following expressions and meanings during to the work done during each

R = Total value of work done during the month. It would include the

amount of secured advance granted, if any, during the month less the

amount of secured advance recovered, if any during the month. It will

exclude value for works executed under variations for which price

adjustment will be worked separately based on the terms mutually

47.2 To the extent that full compensation for any rise or fall in costs to the

contractor is not covered by the provisions of this or other clause in the

contract, the unit rates and prices included in the contract shall be deemed to

include amounts to cover the contingency of such other rise or fall in costs.

48.1 The Employer shall retain from each payment due to Contractor the

proportion stated in the Contract Data until Completion of the whole of the

48.2 On Completion of the whole of the Works half the total amount retained is

48.2 On Completion of the whole of the Works half the total amount retained is

repaid to the Contractor and half when the Defects Liability Period has passed

and the Engineer has certified that all Defects notified by the Engineer to the

Contractor before the end of this period have been corrected.

48.3 On completion of the whole works, the contractor may substitute retention

money with an “on demand” Bank guarantee.

In case, Contractor requests for refund of the Retention Money

deducted by the Employer under the provision of this clause, Employer shall

consider the said request of the Contractor provided that the refund

hereunder shall be made in tranches of not less than 1% (One Percent) of the

Contract Price and Contractor furnishes an irrevocable and unconditional

Bank guarantee for an equal amount substantially in the format of Bank

Guarantee for Performance Guarantee enclosed with SBD and valid up to

day beyond the scheduled / extended Defects Liability Period. On completion

of the whole works, the contractor has however an option to submit a fresh

irrevocable and unconditional Bank Guarantee for an amount equal to 5% of

the total value of work executed substantially in the format of Bank Guarantee

for Performance Guarantee enclosed with SBD and valid up to 60 days beyond

the Defect Liability Period and yet refund the Retention Money Bank

Guarantee submitted for refund of Retention Money.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per

day stated in the Contract Data for each day that the Completion Date is later

than the Intended Completion Date (for the whole works or the milestone as

stated in the contract data). The total amount of liquidated damages shall not

stated in the contract data). The total amount of liquidated damages shall not

exceed the amount defined in the Contract Data. The Employer may deduct

liquidated damages from payment due to the Contractor. Payment of

liquidated damages does not affect the Contractor’s liabilities.

49.2 If the Intended Completion Date is extended after liquidated damages have

been paid, the Engineer shall correct any overpayment of liquidated damages

by the Contractor by adjusting the next payment certificate. The Contractor

shall not be entitled for any interest on the over payment calculated from the

date of payment to the date of repayment.

49.3 If the contractor fails to comply with the time for completion as stipulated in

the tender, then the contractor shall pay to the employer the relevant sum

stated in the Contract Data as Liquidated damages for such default and not as

penalty for everyday or part of day which shall elapse between relevant time

for completion and the date stated in the taking over certificate of the whole

of the works on the relevant section, subject to the limit stated in the contract

The employer may, without prejudice to any other method of recovery

deduct the amount of such damages from any monies due or to become due to

the contractor. The payment or deduction of such damages shall not relieve

the contractor from his obligation to complete the works on from any other of

his obligations and liabilities under the contract.

49.4 If, before the Time for Completion of the whole of the Works or, if applicable

any Section, a Taking Over Certificate has been issued for any part of the

Works or of a Section, the liquidated damages for delay in completion of the

remainder of the Works or of that Section shall, for any period of delay after

the date stated in such Taking-Over-Certificate, and in the absence of

alternative provisions in the Contract, be reduced in the proportion which the

value of the part so certified bears to the value of the whole of the Works or

Section, as applicable. The provisions of this Sub-clause shall only apply to the

rate of liquidated damages and shall not affect the limit thereof.

50.1 If the contractor achieves completion of the whole of the works prior to the

intended Completion Date prescribed in Contract Data the Employer shall pay

to the contractor a sum stated in Contract Data as bonus for every completed

month but subjected to maximum amount as stated in Contract Data;

which shall elapse between the date of completion of all items of works as

stipulated in the contract, including variations ordered by the Engineer and

the time prescribed in Clause

50.2 Bonus shall be paid only to works amounting to above INR 5 crore with time

limit of the works is equal or more than 6 months. The bonus would be paid

% of Time Saved % of Initial Contract Price

entitled for Bonus

Less than 10% 0%

51. Advance Payment.

51.1 The Employer shall make advance payment (not to be paid less than two

installments except in special circumstances for which the reason to be

Recorded in writing) to the Contractor of the amounts stated in the Contract

Date by the date stated in the Contract Date, against provision by the

Contactor of an Unconditional Bank Guarantee in a form and by a bank

acceptable to the Employer in amounts and currencies equal to be at least

110% of the advance payment. The guarantee shall remain effective until the

advance payment has been repaid, but the amount of the guarantee shall be

progressively reduced by the amounts repaid by the Contractor. The

Mobilization advance would be deemed as interest bearing advance at an

interest rate of 10 % to be compounded, quarterly.

51.2 The Contractor is to use the advance payment only to pay for Equipment,

plant and Mobilization expenses required specifically for execution of the

Works. The Contractor shall demonstrate that advance payment has been

used in this way by supplying copies of invoices or other documents to the

51.3 The advance payment shall be repaid by deduction proportionate amount

from payments otherwise due to the Contractor, following the schedule of

completed percentages of the Works on a payment basis. No account shall be

taken of the advance payment or its repayment in assessing valuations of

work done, variations, price adjustments, Compensation Events, or

Liquidated damages.

52.1 The performance Security (including additional security for unbalanced bids)

shall be provided to the Employer no later than the date specified in the

Letter of Acceptance and shall be issued in an amount and form and by a bank

or surety acceptable to the Employer, and denominated in Indian Rupees. The

performance Security shall be valid until a date 60 days from the date of

expiry of Defects Liability Period and the additional security for unbalanced

bids shall be valid until a date 28 days from the date of issue of the certificate

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the Works

between the Start date and the end of Defects Correction periods shall be

remedied by the Contractor at the Contractor’s cost if the loss or damages

arises from the Contractor’s acts or omissions.

E. FINISHING THE CONTRACT

55.1 The Contractor shall request the Engineer to issue a Certificate of Completion

of the works and the Engineer will do so upon deciding that the work is

56. Taking Over

56.1 The Employer shall take over the Site and the Works within seven days of the

Engineer issuing a certificate of Completion.

57. Final Account

57.1 The Contractor shall supply to the Engineer a detailed final account of the

total amount that the Contractor considers payable as full and final settlement

total amount that the Contractor considers payable as full and final settlement

of all claims under the Contract for items before the end of the Defects

Liability Period. The Engineer shall issue a Defect Liability Certificate and

certify any final payment that is due to the Contractor within 56 days of

receiving the Contractor's account if it is correct and complete. If it is not, the

Engineer shall issue within 56 days a schedule that states the scope of the

corrections or additions that are necessary. If the Final Account is still

unsatisfactory after it has been resubmitted, the Engineer shall decide on the

amount payable to the Contractor and issue a payment certificate, within

days of receiving the Contractor’s revised account.

57.2 If reversal in characteristic of tender (L1 becoming L2) on account of excesses

and savings in final account is observed, the Engineer/Employer shall be at

liberty to restrict the final payment of BOQ items to the lowest amount

evaluated of the bids considering the final quantities and the rates quoted

including the rebates if any. Payment of variation items shall however be

made at the rates approved by the Employer, within 90 days from the

physical completion of work.

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and/or operating and maintenance manuals are

required, the Contractor shall supply them by the dates stated in the Contract

58.2 If the Contractor does not supply the Drawings and/or manuals by the dates

stated in the Contract data, or they do not receive the Engineer’s approval, the

Engineer shall withhold the amount stated in the Contract Data from

payments due to the Contractor.

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the other party

causes a fundamental breach of the Contract.

59.2 Fundamental breaches of Contract include, but shall not be limited to the

1. The contractor stops work for 28 days when no stoppage of work is

shown on the current programme and the stoppage has not been

authorized by the Engineer

2. The Engineer instructs the Contractor to delay the progress of the Works

and the instructions is not withdrawn within 28 days;

3. The Employer or the Contractor is made bankrupt or goes into liquidation

other than for a reconstructions or amalgamation

4. A payment certified by the Engineer is not paid by the Employer to the

Contractor within 56 days of the date of the Engineer’s certificate

5. The Engineer gives Notice that failure to correct a particular Defect is a

fundamental breach of Contract and the Contractor fails to correct it

within a reasonable period of time determined by the Engineer;

6. The Contractor does not maintain a security which is required;

7. The Contractor has delayed the completion of works by the number of

days for which the maximum amount of liquidated damages can be paid as

defined in the Contract data; and

8. If the Contractor, in the judgment of the Employer has engaged in corrupt

or fraudulent practices in competing for or in executing the Contract.

For the purpose of this paragraph: “corrupt practice” means the

offering, giving, receiving or soliciting of anything of value to influence the

action of a public official in the procurement process or in contract execution.

“Fraudulent practice” means a misrepresentation of facts in order to influence

a procurement process or the execution of a contract to the detriment of the

borrower, and includes collusive practice among Bidders (prior to or after bid

submission) designed to establish bid prices at artificial non-competitive

levels and to deprive the Borrower of the benefits of free and open

59.3 When either party to the Contract gives notice of a breach of contract to the

Engineer for a cause other than those listed under Sub Clause 59.2 above, the

Engineer shall decide whether the breach is fundamental or not.

59.4 Notwithstanding the above, the employer may terminate the Contract for

60. Payment upon Termination

60.1 If the Contract is terminated because of a fundamental breach of Contract by

the Contractor, the Engineer shall issue a Certificate for the value of the work

done less advance payments received up to the date of the issue of the

certificate, less other recoveries due in terms of the contract, less taxes due to

deducted at source as per applicable law and less the percentage to apply to

the work not completed as indicated in the Contract data. Additional

Liquidated Damages shall not apply. If the total amount due to the Employer

Liquidated Damages shall not apply. If the total amount due to the Employer

exceeds any payment due to the Contractor the difference shall be a debt

payable to the Employer.

60.2 If the Contract is terminated at the Employer’s convenience or because of a

fundamental breach of Contract by the Employer, the Engineer shall issue a

certificate for the value of the work done, the cost of balance material brought

by the contractor and available at site, the reasonable cost of removal of

equipment, repatriation of the Contractor’s personnel employed solely on the

works, and the Contractor’s cost of protecting and securing the Works and

less advance payment received up to the date of the certificate, less other

recoveries due in terms of the contract and less taxes due to deducted at

source as per applicable law.

61.1 All materials on the Site, Plant Equipments, Temporary Works and Works are

deemed to be property of the Employer, if the Contract is terminated because

of a Contractor’s default.

62. Release from Performance

62.1 If the Contract is frustrated by the outbreak of war of by any other event

entirely outside the control of either the Employer or the Contractor the

Engineer shall certify that the Contract has been frustrated. The Contractor

shall make the Site safe and stop work as quickly as possible after receiving

this certificate and shall be paid for all work carried out before receiving it

and for any work carried out afterwards to which commitment was made.

F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract, make

his own arrangements for the engagement of all staff and labour, local or

other, and for their payment of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the

Engineer a return in detail, in such form and at such intervals as the Engineer

may prescribe, showing the staff and the numbers of the several classes of

labour from time to time employed by the Contractor on the site and such

other information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub-

contractor shall abide at all times by all existing labour enactments and rules

made thereunder, regulations, notification and bye laws of the State or central

Government or local authority and any other labour law (including rules),

regulations, bye laws that may be passed or notifications that may be issued

under any labour law in future either by the State or the Central Government

or the local authority. Salient features of some of the major labour laws that

are applicable to the construction industry are given below. The Contractor

shall keep the Employer indemnified in case any action is taken against the

Employer by the competent authority on account of contravention of any of

the provisions of any Act or rules made thereunder, regulations or

notifications including amendments. If the Employer is caused to pay or

reimburse, such amounts as may be necessary to cause or observe, or for

observance of the provisions stipulated in the notifications/bye

laws/Acts/Rules/regulations including amendments, if any, on the part of the

Contractor, the Engineer/employer shall have the right to deduct any money

due to the Contractor including his amount of performance security. The

Employer/Engineer shall also have the right to recover from the Contractor

any sum required or estimated to be required for making good the loss or

damage suffered by the Employer.

The employees of the Contractor and the Sub-Contractor in no case shall be

treated as the employees of the Employer at any point to time.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS WORK

A) Workmen Compensation Act 1923 :- The Act provides for compensation in

case of injury by accident arising out of and during the course of employment.

B) Payment of Gratuity Act. 1972 :- Gratuity is payable to an employee under the

Act on satisfaction of certain conditions on separation if an employee has

completed 5 years service or more on death, the rate of 15 days wages for every

completed year of service. The Act is applicable to all establishments employing

10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952:- The Act Provides for

monthly contributions by the employer plus workers @ 10% or 8.33% The

benefits payable under the Act are :

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance on the death in harness of the worker.

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951 :- The Act provides for leave and some other

benefits to women employees in case of confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970 : The Act provides for

certain welfare measures to be provided by the Contractor to contract labour and

in case the Contractor fails to provide, the same are required to be provided, by

the Principal Employer by Law. The principal Employer is required to take

Certificate of Registration and the Contractor is required to take license from the

designated Officer. The Act is applicable to the establishments or Contractor of

Principal Employer, if they employ 20 or more contract labour.

F) Minimum Wages Act 1948 :- The Employer is supposed to pay not less than the

Minimum Wages fixed by appropriate Government as per provisions of the Act, if

the employment is a scheduled employment. Construction of Building, Roads,

Runways are scheduled employment.

G) Payments of wages Act 1936:- It lays down as to by what date the wages are to

be paid, when it will be paid and what deductions can be made from the wages

of the workers.

H) Equal remunerations Act 1979 :- The Act provides for payment of equal

wages for work of equal nature to Male and Female workers and for not making

discrimination against female employees in the matter of transfer, training and

promotions etc.

I) Payments of Bonus Act 1965 :- The Act is applicable to all establishments

employing 20 or more employees. The Act provides for payments of annual

bonus subject to a minimum of 8.33% of wages and maximum of 20 % of wages

to employees drawing Rs. 3500/- per month or less. The bonus to be paid to

employees getting Rs, 2500/- per month or above Rs. 3500/- per month shall be

worked out by taking wages as Rs. 2500/- per month only. The Act does not

apply to certain establishments. The newly set-up establishments are exempted

for five years in certain circumstances. Some of the State Governments have

reduced the employment size from 20 to 10 for the purpose of applicability of

J) Industrial Disputes Act 1947 :- The Act lays down the machinery and

procedure for resolutions of Industrial disputes, in what situations a strike or

lock-out becomes illegal and what are the requirements for laying off or

retrenching the employees or closing down the establishment.

K) Industrial employment (standing Orders) Act 1946 :- It is applicable to all

establishments employing 100 or more workmen (employment size reduced by

some of the State and Central Government to 50). The Act provides for laying

down rules governing the conditions of employment by the Employer on

matters provided in the Act and get the same certified by the designated

L) Trade Unions Act 1926:- The Act lays the procedure for registration of trade

unions of workmen and employers. The Trade Unions registered under the Act

have given certain immunities from civil and criminal liabilities.

M) Child Labour (Prohibition & Regulation Act 1986 :- The Act prohibits

employment of children below 14 years of age in certain occupations and

process and provides for regulation of employment of children in all other

occupations and processes. Employment of Child labour is prohibited in Building

and Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions

of service) Act 1979:- The Act is applicable to an establishment which employs

5 or more inter-state migrant workmen through an intermediary (who has

recruited workmen in one state for employment in the establishment situated in

another state).The inter-state migrant workmen, is an establishment to which

this Act becomes applicable, are required to be provided certain facilities such as

housing, medical aid, traveling expenses from home upto the establishment and

O) The Building and Other Construction workers (Regulation of employment

and Conditions of Service) Act 1996 and the Cess Act of 1996:- All the

establishments who carry on any building or other constructions work and

employ 10 or more workers are covered under this Act.

All such establishments are required to pay cess at the rate not exceeding 2% of

the cost of construction as may be modified by the government. The Employer of

the establishment is required to provide safety measures at the Building or

construction work and other welfare measures, such as canteens, First Aid

facilities, Ambulance, Housing accommodations for workers near the workplace

etc. The Employer to whom the Act applies has to obtain a registration

certificate from the Registering Officers appointed by the Government.

P) Factories Act 1948 :- The Act lays down the procedure for approval of plans

before setting up a factory, health and safety provisions, welfare provisions,

working hours, annual earned leave and rendering information regarding

accidents or dangerous occurrences to designated authorities. It is applicable to

premises employing 10 persons or more with aid of power or 20 or more

persons without the aid of power engaged in the manufacturing process.

Q) Royalty charges-The contractor shall pay the royalty to the competent

authority as per rule. The royalty charges paid shall be borne by the

contractor and shall not be reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof

from time to time shall be applicable.

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental

management plan for best energy use, waste management, the reduction

of pollution as in EMS (Environmental Management system)ISO-14001-

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

24.1 If the Contractor is of the view that a decision taken by the Engineer was either

outside the authority given to the Engineer by the Contract or that the decision

was wrongly taken, the decision shall be referred to #Superintending

Engineer (Higher Authority) within 14 days of the notification of the

Engineer's decision. If the issue is not resolved, any party can refer the matter

for conciliation within 15 days from the decision given by the #Superintending

(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied with the

decision of the #Superintending Engineer, both the parties have to refer to

the #Chief Engineer concerned for the conciliation process.

(b) For the work more than Rs.100 Cr., if any of the parties is not satisfied

with the decision of the Superintending Engineer, both parties have to

refer to the #Secretary, Roads & Building Department, Government of

Gujarat for the conciliation process.

If the dispute is not resolved through the conciliation process,

contractor may refer the dispute to Gujarat Public Works Contract Dispute

Arbitration Tribunal. If the Contractor fails to refer a claim / dispute to the

Higher Authority within 14 days of the notification of the Engineer's

decision, the Contractor shall not be entitled to any additional

payment/claim if he doesn’t follow the above sequence in stipulated time.

However, during such period, he would not stop the work in any case.

Clause Reference With

Item marked “N/A” do not apply to this Contract. respect To section

1. The Employers is [CL.1.1]

Name: Executive Engineer, panchayat R&B Division

Address: District panchayat Bhavan, Bhavnagar

Name of authorized Representative (will be intimated later)

2. The Engineer is Executive Engineer, panchayat R&B Division,

Name of Authorized Representative: …………………………

3. The Defects Liability Period is Four years from the date of [CL.1.1&33]

4. The Start Date shall be 1st days for the date of issue of the Noticeto [CL.1.1]

proceed with the work.

5. The Intended Completion Date for the whole of the works is [CL.1.1,17&2]

03 Months after start of work with the following milestones:

Milestone dates: [CL.2.2& 49.1]

Physical works to be completed Period from the start date

Milestone 1 i.e. 10 % 9 days.

Milestone 2 i.e. 40 % 36 days.

Milestone 3 i.e. 80 % 72 days.

Milestone 4 i.e. 100 % 90 days.

6. The Site is located at [CL.1.1]

Construction of Community Hall at Scheduled Cast Area Panchtobara Village Tal.Gariyadhar

Dist. Bhavnagar

7. The name and identification number of the Contract is: [CL.1.1]

8. The works consist Rs. 12,51,587.29 of Building Work with items as per [CL.1.1]

B.O.Q. The works shall, inter alia, include the following, asSpecified or

(A) Building Works

Construction of New Building at Dist. Bhavnagar

Site clearance; setting – out and layout; widening of existing carriageway

and strengthening including camber corrections; construction of new road/

Parallel service road; bituminous pavements remodeling/construction of

Junctions, intersections, bus bays, lay-bays; supplying and placing of

drainage Channels, flumes, guard posts and guard other related items;

construction/extension of cross drainage works, bridge, approaches and

other related stones; protective works for roads/bridge; all aspects of

quality assurance of various components of the works; rectification of The

defects in the completed works during the Defects Liability Period;

submission of “As- built’’ drawings and any other related documents; and

other item of work as may be required to be carried out for completing

accordance with the drawings and the provisions of the contract and to

(B) Bridge Works.

Site clearance; setting out, provision of foundations, piers abutments and

bearing; prestressed/reinforced cement concrete superstructure; wearing

coat, hand railings, expansion joints, approach slabs, drainages spouts/

downtake pipes, arrangements for fixing light posts, water mains, utilities

etc; provision of suitably designed protective works; providing

wing/return walls; provision of road markings, road signs etc.; all aspects

of quality assurance; clearing the site and handing over the works on

completion; rectification of the defects during the Defects Liability Period

and submission of “As-built” drawings and other related documents; and

other items of work as may be required to be carried out for completing

the works in accordance with the drawings and the provisions of the

contract and to Insure safety

(C) Other Items [CL.1.1]

Any Other Items as required to fulfill all contractual obligations as per the Bid

documents. [CL.2.3(9)]

10. The following documents also form part of the Contract:

As per clause 2-3

11. The law which applies to the Contract is the law of Union of India [CL.3.1]

12. The language of the Contract documents is English [CL.3.1]

13. Limit of subcontracting 25% of the Initial Contract Price [CL.7.1]

14. The Schedule of Other Contractors [CL.8]

15. The Schedule of Key Personnel As per Annex – II to Section I [CL.9]

16. The minimum insurance cover for physical property, injury and death [CL13]

is Rs. 5 lakhs per occurrence with the number of occurrences

limited to four. After each occurrence, the contractor will pay an

additional premium necessary to make insurance valid for four

occurrences always.

17. Site Investigation report [CL.14]

18. The Site Possession dates shall be 1st day of Work order [CL.21]

19. The period for submission of programme for approval of the engineer [CL. 27.1]

shall be 21 days from the issue of Letter of Acceptance.

20. The period between program updates will be _____ days.(1/4 of TL) [CL.27.3]

21. The amount to be withheld for late submission of an updated [CL. 27.3]

programme shall be Rs. 1.00 lakhs (0.2% of Tender mount roundoff in lakh)

22. The following events shall also be Compensation Events [CL. 44]

Substantially adverse ground conditions encountered during the

course of execution of work not provided for in the bidding document.

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring

additional mobilization by the contractor, e.g. ordinary soil

to rock excavation,

(iii) Removal of unsuitable material like marsh, debris dumps,

etc. not caused by the contractor.

(iv) Artesian conditions

(v) Seepage, erosion landslide

(vi) River training requiring protection of permanent work

(vii)Presence of historical, archeological or religious structures,

monuments interfering with the works

(viii) Restriction of access to ground imposed by civil, judicial, or

military authority

23. The currency of the Contract is Indian Rupees [CL. 46]

24. The formula (e) for adjustment of prices are as under: [CL.47]

• If any of the commodities like Cement, Steel or Bitumen are not

found applicable in a work, the weight component of that

commodities {i.e. ‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen' (Pb) as

indicated in SBD for the purpose of Price Adjustment} shall be

clubbed with the weight component of ‘Other Material’ (Pm), such

that the gross % weight of the components shall remain as 100% .

R = value of work as defined in Clause 47.1 of Conditions of Contract

Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost due to

labour shall be paid in accordance with the following formula:

VL = Increase or decrease in the cost of work during the

month under consideration due to changes in rates for

L0 = The consumer price index for industrial workers for the

State on 28 days preceding the scheduled date of

opening of technical Bids as published by Labour

Bureau, Ministry of Labour, Government of India

Li = The consumer price index for industrial workers for the

State for the month under consideration as published by

the Labour Bureau, Ministry of Labour, Government of

Pl = Percentage of labor component of the work.

Adjustment for cement component.

(ii) Prices adjustment for increase or decrease in the cost of

cement procured by the contractor

Vc = Increase or decrease in the cost of work during the

month under consideration due to changes in rates

C0 = The all India wholesale price index for Ordinary

Portland Cement on 28 days preceding the

scheduled date of opening of technical bid as

published by the Office of the Economic Adviser,

Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Ci = The all India average wholesale price index for Ordinary

Portland Cement for the month under consideration as

published by Office of the Economic Adviser,

Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Pc = Percentage of cement component of the work

Adjustment for steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured by the

contractor shall be paid in accordance with the following formula

Vs= Increase or decrease in the cost of work during the month under

consideration due to changes in the rates for steel

So= The all India wholesale price index for steel (Mild Steel - Long Products

Rebars) on 28 days preceding the date of opening of Bids as published by the

Office of the Economic Adviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

Si= The all India average wholesale price index for steel (Mild Steel - Long

Products Rebars) for the month under consideration as published by

Office of the Economic Adviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

Ps = Percentage of steel component of the work

Note : For the application of this clause, the index of Mild Steel- Long

products Rebars has been chosen to represent the steel group.

Adjustments of bitumen component

(iv) Price adjustment for increase in the cost of bitumen shall be paid in

accordance with the following formula

Vb = Increase or decrease in the cost of work during the month under

consideration due to changes in rates for bitumen.

Bo = The official retail price of bitumen at the IOC depot at the nearest

centre on the day 28 days prior to the scheduled date of opening of

Bi = The official retail price of bitumen of IOC depot at the nearest

centre for the 15th day of the month under consideration.

Pb = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

(v) Price adjustment for increase or decrease in cost of POL (fuel and

lubricant) shall be paid in accordance with the following formula

Vf = Increase or decrease in the cost of work during the month under

consideration due to changes in rates for fuel and lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at the existing

consumer pumps of IOC at the nearest centre on the day 28 prior to

the date of opening of Bids.

Fi = The official retail price of HSD at the existing consumer pumps of

IOC at the nearest centre for the 15th day of the month of the under

Pf = Percentage of fuel and lubricants component of the work

Note: For the application of this clause, the price of High-Speed diesel Oil has

been chosen to represent the fuel and lubricants group.

Adjustment for Construction Machinery

(vi) Price adjustment for increase or decrease in the cost of plant and

Machinery spare procured by the Contractor shall be paid in

accordance with the following formula

Vp= Increase or decrease in the cost of work during the month under

consideration due to changes in rates for plant and machinery spares

P0 = The all India wholesale price index for manufacturer of

machinery for mining, quarrying and Construction for the month

under consideration as published Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Pi = The all India average wholesale price index for manufacturer of

machinery for mining, quarrying and Construction for the month

under consideration as published Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Pp = Percentage of plant and machinery spares component of the work.

Note: For the application of this clause, index of Heavy Machinery and parts

has been chosen to represent the Plant and Machinery Spares group

Adjustment of other materials Component

(vii) Price adjustment for increase or decrease in cost of local materials

other than cement, steel, bitumen and POL procured by the contractor

shall be paid in accordance with the following formula

Vm = Increase or decrease in the cost of work during the month under

consideration due to change in rates for local materials other than

cement, steel, bitumen and POL.

M0 = The All Indian wholesale price index (all commodities) on

days preceding the scheduled date of opening of technical Bids, as

published by the Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade, Ministry of Commerce

Mi= The All India wholesale price index (all commodities) for the

month under consideration as published by the Office of the

Economic Adviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

Pm = Percentage of local material components (other than cement,

steel, bitumen and POL) of the work.

The following percentage will govern the price adjustment for the

entire contract:

6 Plant & Machinery

7 Other Materials - Pm

25. The proportion of payments retained (retention money) shall be 6% {CL. 48}

from each bill subject to a maximum of 5% of final contract price.

26. Amount of Liquidated damages for For Whole of work {CL.49}

delay in completion of works (1/2000)th of the Initial contract

price, rounded off to the nearest

Thousand, per day. For sectional

Completion (wherever specified In

item 6 of Contract data) (1/2000)th of

initial contract price for #5 km

Section, rounded off to the nearest

thousand per day.

27. Maximum limit of liquidated damages 10 percent of the Initial {CL. 49}

For delay in completion work Contract Price rounded off to

the nearest thousand

28. Amount of Bonus for early completion Amount of bonus for early

completion of work shall be given

as per CL.50 of Section-3

29. Maximum limit of bonus for early 5 percent of the Contract {CL. 50}

Completion of work Price

30. The amount of the advance payment are: {CL. 51 & 52}

#Nature of Advances Amount (Rs.) Conditions to

i Mobilization 10% of the contract On submission of unconditional

Price Bank Guarantee. (to be drawn

before the end of 20% of the

contract period). The contractor

may furnish four bank guarantees

of 2.5 % of each valid for the full

ii Equipment 90% for new and 50% of After equipment is brought to site

depreciated value for old (provided the Engineer is

equipment. Total amount satisfied That the equipment is

equipment. Total amount satisfied That the equipment is

will be subject to a required for performance of the

maximum of 5% of the contract) and on submission of

Contract Price unconditional Bank Guarantee for

amount of advance

iii Secured Deleted

Brought to site

(The advance payment will be paid to the Contractor no later than 28 days after

fulfillment of the above conditions).

31. Repayment of advance payment for mobilization and equipment {CL. 51.3}

The advance loan shall be repaid with percentage deduction from the interim

payments certified by the Engineer under the Contract. Deduction shall

commence in the next Interim Payment Certificate following that in which the

total of all such payments to the Contractor has reached not less than 20 percent

of the Contract Price or 6 (six) months from the date of payment of first

installment of advance, whichever period concludes earlier, and shall be made at

the rate of 20 percent (collectively for both Mobilization Advance and

Equipment Advance) of the amounts of all Interim Payment Certificate until

such time as the loan has been repaid, always provided that the loan shall be

completely repaid prior to the expiry of the original time for completion pursuant

to Clause 17 and

33. The securities shall be for the following minimum amounts equivalent {CL. 52}

As a percentage of the Contract Price:

Performance Security for 5 percent of contract price plus Rs. …………….. (to be

decided after evaluation of the bid) as additional security in terms of ITB Clause

The standard form of Performance security acceptable to the Employer shall be

an unconditional Bank Guarantee of the type as presented in Section 8 of the

Bidding Documents.

34. The Schedule of Operating and maintenance Manuals…..N/A. {CL. 58}

35. The date by which “as– built” drawings (in scale as directed) in 2 sets {CL. 58}

are required within 28 days of the issue of certificate of completion of the whole

or section of the work, as the case may be.

36. The amount to be withheld for failing to supply “as built” drawings {CL. 58} by

the Date required is Rs.5.00Lakhs.

37. The following events shall also be fundamentals breach of contract: {CL.59.2}

“The Contractor has contravened Sub- clause 7.1 and Clause 9 of GCC”

38. The percentage to apply the value of the work not completed representing {Cl 60}

the Employer’s additional cost for completing the Works shall be 20 per cent.

TECHNICAL SPECIFICATION

Description of the Works:

1. We offer to execute the Works described above and remedy any defects therein in

conformity with the conditions of Contract, specification, drawings, Bill of Quantities

and Addenda for the sum (s) of

2. We undertake, if our Bid is accepted, to commence the Works as soon as is

reasonably possible after the receipt of the Engineer’s notice to commence, and to

complete the whole of the Works in the Contact within the time stated in the

3. We agree to abide by this Bid for the period of 120 Days from the date fixed for

receiving the same, and it shall remain binding upon it and may be accepted at any

time before the expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid, together

with your written acceptance thereof, shall constitute a binding contract between

5. We understand that you are not bound to accept the lowest or any tender you may

------- duly authorized to sign bids for and on behalf of -----------------------------------

(in block capitals or typed)

BILL OF QUANTITIES

BILL OF QUANTITIES

1. The bill of Quantities shall be read in conjunction with the Instructions to Bidder,

Conditions of Contract, Technical Specifications and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional, and

are given to provide a common basis for bidding. The basis of payment will be the

actual quantities of work ordered and carried out, as measured by the Contractor

and verified by the Engineer and valued at the rates and prices tendered in the

priced Bill of Quantities, where applicable, and otherwise at such rates and prices

as the Engineer may fix within the terms of the Contract.

3. The rates and prices tendered in the priced Bill of Quantities shall, except in so

far as it is otherwise provided under the Contract, include all constructional

plant, layout, supervision, materials, erection, maintenance, insurance, profit,

taxes and duties, together with all general risks, liabilities and obligations set out

or implied in the Contract.

4. The rates and prices shall be quoted entirely in Indian Currency.

5. A rate or prices shall be entered against each item in the Bill Quantities, whether

quantities are stated or not. The cost of Items against which Contractor has failed

to enter a rate or price shall be deemed to be covered by other rates and prices

entered in the Bill of Quantities (in case of Item rate contract).

6. The whole cost of complying with the provisions of the Contract shall be included

in the items provided in the priced Bill of Quantities, and where no Items are

provided the cost shall be deemed to be distributed among the rates and prices

entered for the related items of Work.

7. General direction and descriptions of work and materials are not necessarily

repeated or summarized in the Bill of Quantities. References to the relevant

sections of the contract documentation shall be made before entering rates or

prices against each item in the Bill of Quantities.

8. The method of completed work of payment shall be in accordance with the

specification for Road and Bridge works. For building works specifications for

building are to be followed.

9. Errors will be corrected by the Employer for any arithmetic errors pursuant to

Clause 29 of the Instructions to Bidder.

10. Rock is defined as all materials which, in the opinion of the Engineer, required

blasting, or the use of metal wedges and sledgehammers, or the use of

compressed air drilling for its removal, and which cannot be extracted by ripping

with a tractor of at least 150 kw with a single rear mounted heavy duty ripper.

BILL OF QUANTITIES

(A) Percentage Rate Tender (Up to INR 50 Cr. )

Item Description of Item (with brief Quantity Unit Rate In Amount

No specification and reference to figures

book of specifications)

As Per Attached sheet

I/We am/are willing to carry out the work at…....................... % above/below percent(Should

be written in figures and words) of the estimated rate mentioned above. Amount of my /our

tender works out as under.

Estimated amount put to tender Estimated amount put to tender

Deduct………% below Add………% Above

In words In words

1 The Contractor shall exhibit a board with detailed specification and details of work as

directed by the Engineer-In-Charge for which no extra payment shall be made.

2 The labour cess will be deducted as per prevailing rules i.e. 1% of the work done.

3 GST and Income tax TDS will be deducted at a source while making payments of bills

4 In all R.C.C. Items in Rate Analysis Standard Cement Consumption has been taken as per

Govt. G.R.: PRC-10/2017 Cement Consumption/16/C Date:11/05/2017 as stated in

S.O.R. therefore in R.C.C. items where there is a change as per actual mix design the cost

of difference of cement consumption have been deducted from the rate of original item

at the rate of input rate mentioned in all the tender.

SECURITIES AND OTHER FORMS

BID SECURITY (BANK GUARANTEE)

WHEREAS, ---------------------------------------- (name of Bidder) (hereinafter called the

“The Bidder”) has submitted his bid Dated ------------------------ (Date) for the

construction of ------------- (Name of Contractor hereinafter called “the Bid”)

KNOW ALL PEOPLE by these presents that We -------------------------------------------------

(name of Bank) of --------------------------------------------- (name of country) having our

registered office at -------------------------------------------------------( hereinafter called

“the bank”) are bound unto --------------------------------------------(name of Employer)

(hereinafter called “The Employer”) in the sum of----------------------------------------- *

for which payment well and truly to be made to the said Employer the Bank itself, his

successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ---------------------- day of -------

THE CONDITIONS of these obligations are:

(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity

specified in the Form of Bid;

(2) If the Bidder has been notified of the acceptance of his bid by the Employer

during the period of Bid Validity:

A Fails or refuses to execute the Form of Agreement in accordance with the

Instructions to Bidders, if required; or

B. Fails or refuse to furnish the Performance Security, in accordance with the

Instructions to Bidders; or

C. does not accept the correction of the Bid Price pursuant to Clause

(Correction of Errors)

We undertake to pay to the Employer up to the above amount upon

receipt of his first written demand, without the employer having to substantiate

his demand, provided that in his demand the Employer will note that the

amount claimed by him is due to him owing to the occurrence of one or any of

the three conditions, specifying the occurred conditions or conditions.

This Guarantee will remain in force up to and including the date ------------------ **

days after the deadline for submission of Bids as such the deadline is stated in the

Instructions to Bidders or as it may be extended by the Employer, notice of which

extension (s) to the Bank is hereby waived. Any demand in respect of this

guarantee should reach the Bank not later than the above date

(Signature, name and address)

* The Bidder should insert the amount of the guarantee in words and figures

denominated in Indian Rupees. This figure should be the same as shown in

Clause 16.1(Bid Security) of the Instructions to Bidders.

**45 days after the end of the validity period of the Bid. Date should be

inserted by the Employer before the Bidding documents are issued.

PERFORMANCE SECURITY

contractor) (hereafter called “the Contractor”) has undertaken, in pursuance of

--------- (name of Contract and brief description of Works) (hereinafter called “The

AND WHEREAS it has been stipulated by you in the said Contract that the

Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum

specified therein as security for compliance with his obligation in accordance with

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to

you on behalf of the Contractor, up to a total of ------------------------------------------

(amount of guarantee)* ---------------------------- (in words), such sum being payable in

types and proportions of currencies in which the Contract prices is payable, and we

undertake to pay you, upon your first written demand and without cavil or

argument, any sum or sums within the limits of ----------------------------------------

(amount of guarantee) as aforesaid without your needing to prove or to show

grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the contractor

before presenting is with the demand.

We further agree that no change or addition to or other modification of the terms of

the Contract to of the Works to be performed thereunder or of any of the Contract

documents which may be made between your and the Contractor shall in any way

release us from any liability under this guarantee, and we hereby waive notice of any

such charge, addition or modifications.

This guarantee shall be valid until 60 days from the date of expiring of the

Defect Liabilities period.

Signature and Seal of the guarantor -----------------------------

*An amount shall be inserted by the Guarantor, representing the percentage the

Contract price specified in the Contract denominated in Indian Rupees.

ADDITIONAL PERFORMANCE SECURITY

[Clause 34.1. (A)]

contractor) (hereafter called “The Contractor”) has undertaken, in pursuance of

--------- (Name of Contract and brief description of Works) (hereinafter called “The

AND WHEREAS it has been stipulated by you in the said Contract that the

Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum

specified therein as security for compliance with his obligation in accordance with

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to

you on behalf of the Contractor, up to a total of ------------------------------------------

(amount of guarantee) ---------------------------- (in words), such sum being payable in

types and proportions of currencies in which the Contract prices is payable, and we

undertake to pay you, upon your first written demand and without cavil or

argument, any sum or sums within the limits of ----------------------------------------

(amount of guarantee) as aforesaid without your needing to prove or to show

grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the contractor

before presenting is with the demand

We further agree that no change or addition to or other modification of the terms of

the Contract to of the Works to be performed thereunder or of any of the Contract

documents which may be made between your and the Contractor shall in any way

release us from any liability under this guarantee, and we hereby waive notice of any

such charge, addition or modifications.

This guarantee shall be valid until 28 days from the project completion date.

Signature and Seal of the guarantor -----------------------------

BANK GUARANTEE FOR ADVANCE PAYMENT

In accordance with the provisions of the Conditions of Contract, sub-clause

51.1 (“Advance Payment”) of the above mentioned Contract, -------------------------------

------------------- (name and address of Contractor) (hereinafter called “the

Contractor”) shall deposit with ------------------------------------------------------ (name of

Employer) a bank guarantee his proper and faithful performance under the said

Clause of the Contract in an amount of -------------------------- (amount of Guarantee)* -

We, the --------------------------------- (bank of financial institution), as instructed

by the Contractor, agree unconditionally and irrevocably to guarantee as primary

obligator and not as Surety merely, the payment to ----------------------------------------

(name of Employer) on his first demand without whatsoever right of obligation on

our part and without his first claim to the Contractor, in the amount not exceeding ---

We further agree that no change or addition to or other modifications of the terms of

the Contractor or Works to be performed thereunder or of any of the Contract

documents which may be made between --------------------------------- (name of

Employer) and the Contractor, shall in any way release us from any liability under

this guarantee, and we hereby waive notice of any such change, addition or

This guarantee shall remain valid and in full effect from the date of the

advance payment under the Contract until -------------------------------------- (name of

employer) receives full repayment of the same amount from the contractor.

Signature and Seal

Name of Bank/ Financial Institution

* An amount shall be inserted by that Bank or Financial Institution representing the

amount of the Advance Payment, and denominated in Indian Rupees.

Letter of Acceptance

(Letter head paper of the Employer)

(Name and address of the Contractor)

This is to notify you that your Bid dated for execution of

the (Name of the contract and identification number, as

given in the Instructions to Bidders) for the Contract Price of Rupees

( ) (amount in words and figures) as corrected and modified in

accordance with the Instructions to Bidders* is hereby accepted by our agency.

You are requested to furnish performance security, in the form detailed in

para 34.1 of ITB for an amount equivalent to Rs. within 10 days of the receipt

of this letter of acceptance up to beyond 60 days from the date of expiry of defects

Liability period i.e. up to and the Additional Performance Security for an

amount equivalent to Rs. shall be valid beyond 28 (twenty-eight) days of

Project Completion Date i.e. up to and sign the contract, failing which

action as stated in Para 34.3 of ITB will be taken.

Yours Faithfully

Authorized Signature

Name and title of Signatory

Name of Employer

* Delete “Corrected and” or and modified if only one of these actions applies. Delete as

corrected and modified in accordance with the Instructions to Bidders, if corrections or

modifications have not been affected.

Issue of Notice to proceed with the work

(Letterhead of the Employer)

(Name and address of the Contractor)

Pursuant to your furnishing the requisite security in ITB Clause 34.1 and

signing of the Contract for the construction of

at a bid Price of Rs.

You are hereby instructed to proceed with the execution of the said works in

accordance with the contract documents.

Yours faithfully

(Signature, name and title of signatory authorized

To sign on behalf of Employer)

This agreement, made on the day of between

_ (name and address of Employer) (Hereinafter called “the

Employer) and (name and address of

contractor) hereinafter called “the Contractor” of the other part.

Whereas the Employer is desirous that the Contractor execute

Name and identification number of contract (hereinafter called “the works”) and the

employer has accepted the Bid by the Contractor for the execution and completion of

such works and the remedying of any defects therein, at a cost of Rs.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1. In this Agreement, words and expression shall have the same meanings as are

respectively assigned to them in the conditions of contract hereinafter referred to

and they shall be deemed to form and be read construed as part of this

2. In Consideration of the payment to be made by the Employer to the contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to

executive and complete the works and remedy any defects therein in conformity

in all aspects with the provisions of the contracts.

3. The employer hereby covenants to pay the Contractor in consideration of the

execution and completion of the works and the remedying the defects wherein

contract price or such other sum as may become payable under the provisions of

the Contract at the times and in the manner prescribed by the contract.

4. The Following documents shall be deemed to form and be ready and construed as

part of this Agreement viz

i) letter of Acceptance

ii ) Notice to proceed with the works:

iii ) Contractor’s Bid

iv ) Conditions of contract: General and Special

v) Contract Data

vi) Additional conditions

viii ) Bill of Quantities and

ix ) Any other documents listed in the Contract

data as forming part of the Contract.

In witness whereof the parties there to have caused this Agreement to be

executed the day and year first before written

The Common seal of

Was hereunto affixed in the presence of :

Signed, sealed and Delivered by the said

In the presence of

Binding signature of Employer

Binding Signature of Contractor

(For Investment)

I, the undersigned do hereby undertake that our firm M/s

…………………………………………………..……………………………….. would invest a minimum cash up

to 25% of the value of the work during implementation of the contract.

(Signed by an Authorized officer of the firm)

Title of officer

I, the undersigned do hereby undertake that our firm M/s ……………………………………

……………..……………………………….. agree to abide by this bid for a period.................................... days

for date fixed for receiving the same and it shall be binding on us and may be accepted at

any time before the expiration of that period.

(Signed by an Authorized officer of the firm)

Title of officer

DOCUMENTS TO BE FURNISHED BY BIDDER