Special repair works of GMB Dredge-1 at new port- Bhavnagar (2nd attempt)

Name of work: Special repair works of GMB Dredge-1 at new port-

Bhavnagar (2nd attempt)

Amount put to Tender: - Rs.43,

The Executive Engineer (Mech.), PIU, Bhavnagar

Bortalav Port Colony No. 2, Near Bal Vatika, Bortalav

Bhavnagar- 364 003 (Gujarat) India

[email protected]

Name of work: Special repair works of GMB Dredge-1 at new port-

Bhavnagar (2nd attempt)

Chapter Name Page No.

- TITLE PAGE 01 to

01 BID NOTICE 03 to

02 GENERAL INFORMATION 06 to

03 INSTRUCTIONS TO THE BIDDERS 08 to

04 PQ FORMS / ANNEXURES I to VI 18 to

05 TECHNICAL DETAILS OF THE VESSEL 25 to

06 SCOPE OF WORK 26 to

07 B-1 TENDER FORM OF WORKS 27 to

08 TENDER FORM FOR ELECTRICAL WORKS 83 to

09 SCHEDULE – B (BILL OF QUANTITY) 152 to

10 ITEM TECHNICAL SPECIFICATION 158 to

11 GENERAL SPECIFICATION 171 to

12 GENERAL CONDITIONS 174 to

13 SPECIAL CONDITIONS 179 to

14 GENERAL ARRANGEMENT PLAN 182 to

Please read as :-

(1) GUJARAT MARITIME BOARD instead of GUJARAT STATE.

(2) Vice Chairman and Chief Executive Officer, GMB instead of Governor

Executive Engineer (M),

GMB, PIU-Bhavnagar

NOTICE INVITING TENDER (NIT)

Department Name : Gujarat Maritime Board

Superintending Engineer (M), GMB

Gandhinagar -382010

Executive Engineer (M), PIU Bhavnagar

Gujarat Maritime Board, Bhavnagar.

IFB No. : Tender Notice No. 29 of 2025-26

Special repair works of GMB Dredge-1 at new port-

Name of Project :

Bhavnagar (2nd attempt)

Location : New port- Bhavnagar (Gujarat)

Special repair works of GMB Dredge-1 at new port-

Estimated Contract Value : Rs.43,26,844.12

Period of Completion : 03 (Three) Month

Bidding Type : Open

Bid Call (Nos.) : 01 (One)

Tender Currency Type : Single

Tender Currency Settings : Indian Rupee (INR)

Joint Venture : Not Applicable

Rs. 1,770/- (Incl. GST)

Bid Document Fee :

In form of D.D. (Non-refundable)

Gujarat Maritime Board NON PLD, Gandhinagar

Bid Document Fee Payable To :

Payable at Gandhinagar.

Bid Security / EMD (INR) : Rs.51,057/- (Incl. GST) having Six Months Validity

Bid Security / EMD in favour Executive Engineer (Mech.), GMB Gandhinagar,

of payable at Gandhinagar.

Bid Document Downloading

Pre-bid meeting --

Bid Document Downloading

Last Date & Time for Receipt

(Submission) of Bids

Bid Validity Period : 120 days after opening of price bid

The Bidder will have to submit the following

required documents in electronic format only

through online scanning and same has to submit

in Physical form send the same documents in a

sealed envelope through RPAD/Speed Post only,

from 09/02/2026 to 16/02/2026 during office

hours at the Office of Executive Engineer

(Mech.), Gujarat Maritime Board, 5th floor,

Sagar Bhavan, GMB Office Complex, Sector –

A, Opp. Air Force Station, CHH-Road,

Gandhinagar- 382010 (Gujarat) India

Submission of Documents etc. : mentioning the name of work on the envelop.

1. Letter of Application (As per Performa)

2. Tender Fee DD of Rs.1,770/-

3. EMD of Rs.51,057 /- in the form of FDR

5. Copy of GST Registration

6. Bank Solvency issued on or after 01/01/2025

from nationalized bank/scheduled bank or

govt. approved bank for tendering purpose

not less than Rs.8,65,369/-

7. PQ Forms / Annexures I to VI (Along with

supporting documents

Vendor shall submit their offer only in electronic

format on website, after digitally signing the

same. Offers that are not digitally signed will not

[email protected],

Contact Information : [email protected],

[email protected]

Online Bid Opening Date : 17/02/2026 at 12:00 hrs (if possible).

Officer Inviting Bids : Executive Engineer (M), GMB, Gandhinagar

Superintending Engineer (M), GMB,

Bid Opening Authority :

Gandhinagar -382010.

GUJARAT MARITIME BOARD,

Address : 5th Floor, Sagar Bhavan, Sector 10,A, Opp. Air

Force," Chh Road, Gandhinagar-382010,

(1) Bidders can download the tender document free of cost from the website

nprocure.com or www.gmbports.org

(2) Bidders have to submit the bid in Electronic form on www.nprocure.com

website till the Last Date & time for submission.

(3) For vendors free training camp is being organized every Saturday between

4.00 to 5.00 P.M. at (n) code solutions-A Division of GNFC Ltd., Ahmadabad.

Vendors are requested to take benefit of the same.

(4) Government of Gujarat, & Governor MAY BE READ AS GUJARAT

MARITIME BOARD, & CHAIRMAN respectively.

Bidders who wish to participate in online tenders will have to procure / should have

legally valid Digital Certificate as per Information Technology Act-2000 using it they

can sign their electronic bids. Bidders can procure the same from any of license

certifying Authority of India or can contact (n) code solutions-A division GNFC Ltd,

who are licensed Certifying Authority by Govt. of India.

All bids should be digitally signed, for details regarding Digital Signature Certificate

related training involved the below mentioned address should be contacted:

(n) Code Solutions, A division of GNFC,301, GNFC Info Tower, Bodakdev, Ahmedabad

E-mail: [email protected], Web-site: www.gmb.nprocure.com

Toll Free: 1800-233-1010(Ext. 321)

Other Terms & Conditions as per detailed tender documents.

Executive Engineer (M),

GMB, PIU-Bhavnagar

GENERAL INFORMATION

The Gujarat Maritime Board (GMB) was set up on 5th April 1982 under Gujarat Maritime

Board Act, 1981, in order to develop, administer, operate and regulate the state’s port

sector. In 1998/99 GMB constructed the building of its Head Office as a cornerstone for

controlling and coordinating various Ports activities. Gujarat Maritime Board (GMB) on

behalf of Chairman invites online e-Tender offers for the work of "Special repair works of

GMB Dredge-1 at new port- Bhavnagar" Work details are given in the scope of work

category of this tender. The time limit considered is 03 (Three) months.

2.2 Site Information

The contractor has to carry out the said work at site. Contractors are strongly advised to

visit the vessel and acquainted himself with the site condition, its surrounding etc. in view

of performing the scope of tender

2.3 Definitions:

In the contract as hereinafter defined, the following words and expressions shall have

the meaning hereby assigned to them except where the context otherwise requires.

 The Expression “Board” means Gujarat Maritime Board constituted under the

Gujarat Maritime Board Act

 The expression “Work” where used in this document shall, unless there be

something in the subject or contest repugnant to such construction, be

constructed to mean the work or the work contracted and to be executed under

or in virtue of the contract, whether temporary or permanent and whether

originally or altered, substituted or additional. It shall include all extra or excess

works and variations and be subject to all commissions ordered in accordance

with these conditions.

 “Site” means the land, jetty, dry-dock and/or other places on, stacking area,

under, in or through which works are to be executed or carried out and services

to be rendered any other lands or places provided by Gujarat Maritime Board for

the purpose of the contract together with such other places that may be

specifically designated in the contract as forming part of the site.

 “Contract” means the notice inviting tenders, general conditions of contract,

terms and conditions of contract, specifications, price bid, tender and contract

agreement made at the time of awarding the work and also the mutual

agreement made jointly during contract period.

 "Contract Price" means the sum named in the tender subject to such additions

thereto or deductions there from during negotiation as may be under the

provisions hereinafter contained.

 “Contract Period” means total time limit allowed for completion of this work by

the Executive Engineer (M), PIU, GMB-Bhavnagar for this tendered work.

Contract Period shall be considered started after the date of commencement

given by competent authority OR representative of Engineer in charge.

 “Bidder”/” Contractor”/”Agency” shall mean the person or persons, firm,

company or corporation who’s tender has been accepted by the GMB and

includes Bidder’s/ Contractor’s personal representative, successors and

permitted assignees or joint Bidders who shall be deemed to be bound jointly

and separately.

 “Requirement” means total quantity or numbers of system required as per

tender requirement and accordingly order has placed by the Executive Engineer

(M), PIU, GMB-Bhavnagar or his authorized representative. The requirement

may be increased or decreased as mentioned in the tender document which

approved by the Competent authority.

 “Engineer-in-charge” (EIC) shall mean the Executive Engineer (M), PIU, GMB-

Bhavnagar or his authorized representative who shall exercise only such

authority on behalf of the Executive Engineer (M) as may have been delegated to

him from time to time by the Executive Engineer (M) and powers delegated to

him by the Government/GMB Rules.

 “Approved” means approval given in writing including verbal approval for

which subsequent written confirmation is given and “approval” means approval

in writing including as aforesaid.

 “Competent authority” Officer or officers of the Gujarat Maritime Board

competent to exercise the powers conferred upon him/them by the

GMB/Government.

 “Drawings” means the drawings referred to in the specifications and attached

with the agreement and any modifications of such drawings approved in writing

by the classification society / EIC or such other drawings as may, from time to

time be furnished or approved in writing by the EIC.

2.4 Abbreviations:

GMB / Board - Gujarat Maritime Board.

EIC - Engineer-In-Charge.

AR - Authorized Representative.

BOQ - Bill of Quantities.

BIS - Bureau of Indian Standard.

SE(Mech) - Superintending Engineer (Mechanical)

XEN(Mech) - Executive Engineer (M), PIU

DEE (Mech) - Deputy Executive Engineer (Mechanical)

GoI - Government of India

GoG - Government of Gujarat

IRS - Indian Register of Shipping

IV - Inland Vessel

GPCB - Gujarat Pollution Control Board

NIT - Notice Inviting Tender

Executive Engineer (M),

Signature of Contractor

GMB, PIU-Bhavnagar

GENERAL TERMS & CONDITIONS OF CONTRACT

On behalf of the Gujarat Maritime Board, the Executive Engineers (M), PIU GMB-

Gandhinagar invites tenders from reputed agencies having sound background and

experience in Marine vessel repairing work for “Special repair works of GMB Dredge-

1 at new port- Bhavnagar (2nd attempt)”.

3.1 BID SUBMISSION :

a) The bid should be uploaded (submitted) through the official web site

www.nprocure.com “As per NIT”.

b) The physical documents shall be submitted through RPAD/Speed Post only “As

per NIT”. Beyond the last date physical submission will not be accepted/

considered in any case and it will be returned back to the bidder. The envelope

must be super-scribed with name of work. GMB is not responsible for the tender

process, if on the cover name of tender work is not mentioned.

c) The Board does not assume any responsibility for the supporting tender

documents being torn/ damaged during the postal transit. It is the responsibility

of the Bidder to see that the supporting tender documents reach this office

before due date as fixed and notified in the tender notice for the purpose of

receipt of the tender.

3.2 TENDER FEE (NON-REFUNDABLE):

Tender Document can be download from GMB website www.nprocure.com and the

tenderer have to pay tender fee in form of Demand Draft (DD) “As per NIT" payable at

Bhavnagar. Scanned copy of the same must be uploaded online as well as physical

submission as per NIT.

Tender without Tender fees, will be rejected outright.

3.3 EARNEST MONEY DEPOSIT (EMD) :

a) The Bidder shall submit Earnest Money “As per NIT” in form of Fixed Deposit

Receipt (FDR) with the tender, failing which the tender will not be considered.

b) The Earnest Money shall be submitted in the form of FDR of any scheduled/

nationalized bank as “Mentioned in NIT”. Cheque/D.D. will not be accepted

towards the Earnest Money Deposit.

c) The Earnest Money deposited by the unsuccessful Bidders will be refunded after

the finalization of tender. E.M.D. shall not bear any interest.

d) The Earnest Money deposited by the successful Bidder will be refunded on receipt

of Security Deposit and Performance Security.

e) If any party backs out after GMB has accepted his bid, it will be considered default

and in such case, necessary action against bidder will be taken by GMB such as

i. Forfeiting of EMD

ii. Black listing the agency for three years etc.

3.4 SECURITY DEPOSIT (SD) :

The successful Bidder has to furnish a Security Deposit (SD) by FDR with the Gujarat

Maritime Board.

a) The successful Bidder will be required to furnish a Security Deposit (SD) of sum

equivalent to 5 % of contract value, plus GST on it in form of FDR and 5 % of

contract value, plus GST on it in form of FDR/Bank guarantee as a Performance

Security with the Gujarat Maritime Board within 15 days of issuing AL. (i.e Total

SD = 10 % of contract value + GST), in Favour of Executive Engineer (M),

Bhavnagar having validity of 12 months.

b) If the security deposit is not furnished within 15 days on issuing acceptance letter

or such extended period as may be permitted by the Executive Engineer (M), PIU,

Bhavnagar in writing, the Earnest Money deposit is liable to be forfeited and the

tender will be considered as cancelled. The board shall take penal action up to

black listing the agency for period of 03 years.

c) In the event of the Bidder, after the issue of the Acceptance Letter (AL) by the

GMB, fails/refuse to execute the agreement as hereinafter provided, the Bidder

shall be deemed to have abandoned the contract and such an act shall amount to

be construed as wilful breach of contract. In such case the Board shall have full

right to claim damages incurred in addition to the forfeiture of earnest money

d) The GMB may at their option forfeit the Security deposit, if the TPI fails to affect

perform the services or observe the conditions of contract. The Board will also

be at liberty to deduct any sum that may be due to the GMB from the Security

Deposit or from any sums of money due or that may become due under any other

contract from the bidder. This is without prejudice to the rights of the Board

under the terms of the contract.

e) The said Security deposit shall not in any way be construed as a limitation of the

Contractor’s responsibility or liability pertaining to his obligations and/or

guarantees under the contract and shall be without prejudice and in addition to

any other remedies available to the Board in terms of the contract and/or the laws

f) The Security Deposit shall be released only after on completion of Performance

Guarantee period from the date of work completion.

g) After Completion of the work or during the maintenance gaurntee period, the

contractor is binded to renew the security deposit for required period, as per the

direction of EIC.

3.5 TIME SCHEDULE:

The time allowed for the Completion of the work “Special repair works of GMB

Dredge-1 at new port- Bhavnagar (2nd attempt)” is considered as 03 (Three)

Months from the date of start.

3.6 RIGHT OF THE BOARD TO ACCEPT OR REJECT THE TENDER:

a) The Board does not bind itself to accept the lowest tender and reserves the right

to reject any or all tenders received without assigning any reason, whatsoever.

b) Tenders in which any of the particulars and prescribed information is inadequate

or incomplete in any respect and/or the prescribed conditions are not fulfilled

are liable to be rejected.

c) The Gujarat Maritime Board reserves the right to drop the entire tendering

process without assigning any reasons thereof.

d) The Gujarat Maritime Board reserves the right to reject any bidder on the basis of

past experience OR previous history of bidder under any contract of GMB.

3.7 PRE CUM TECHNICAL QUALIFICATION:

The bidder’s qualification shall be decided on the basis of information submitted in

the prescribed Annexure (I) to (VI) attached with this bid regarding their experience,

financial position, technical capabilities etc. as well as other documents mentioned in

NIT and hence all bidders are requested to fill the information correctly strictly in

prescribed Performa only with full knowledge and supporting documents otherwise

they will be disqualified for the work.

The information for financial data and project costs by the bidder should be

submitted in Indian Rupees only.

The competent authority of the Gujarat Maritime Board shall evaluate the pre-

qualification documents.

3.8 MINIMUM QUALIFICATION CRITERIA AND EVALUATION PROCEDURE :

1. PQ cum technical bid will be evaluated on the basis of following main criteria

as per details provided by the bidders in requisite Performa i.e. PQ-TQ Form

(I) to (VI) along with prescribed application form given in this bid, without

which tender/application will not be considered for evaluation and opening

of price bid. On the basis of amount of experience for similar works, annual

turnover and solvency certificate. Bidders who fulfill the minimum criteria

will be qualified for opening of price bid.

2. Main criteria of evaluation:

A. General Criteria

B. Financial Criteria

C. Experience Criteria.

A. General Criteria:-

 Submission of Tender FEE

 Submission of EMD

 Submission of GST certificate

 Submission of PAN Card

 Submission of PQ Form-V : History of Litigation

B. Financial Criteria

 Bank Solvency Certificate: Bank Solvency certificate of Rs.8,65,369.00 or

above issued from any Nationalized/Schedule bank or govt. approved bank

for tendering purpose, issued on or after 1st January

 Annual Turnover: Annual turnover of any one of the last five immediately

preceding years, i.e. from 2020-21 will be considered for evaluation. It

should be minimum Rs.43,26,844.00 or above and certified by Chartered

C. Experience Criteria:

 Bidder should have experience successfully carried out *similar work during

last five years w.e.f. 01.04.2020, till last date of online bid submission.

 At least one similar work amounting to not less than Rs.17,30,738.00

 Details of work executed in last 5 years shall be considered, along with Work

order/ work Agreement and work Completion certificates. TDS certificate is

required to be submitted, if the similar work carried out for private

organization (Form No – V).

*Similar work means :- Experience of successfully completion of

constructions of any marine vessel or dry docking repairs of the any Flotilla

Vessel like tugs, dredgers, barges or any other floating vessel, under IRS Class

or any other IACS Marine Classification society, during last 05 years .

Non submission or wrong submission of any of the above documents leading to

rejection of bid.

3.9 BID OPENING :

a) The On-line tender for Pre-Qualification cum Technical bid shall be opened “As

b) The Technical bid shall be opened online of those Bidders who are pre-qualified.

The date and time of opening of the Technical Bid will be notified to the qualified

Bidders in advance of opening.

c) During the process of Bid evaluation GMB may call the bidders for discussion

/clarification and also can ask for requisite support documents.

d) The Price bid shall be opened online for those Bidders who are pre-qualified and

technically qualified.

e) Tenders submitted by Bidders shall remain valid for acceptance for a period of

120 days from the date of opening of the price bid. The Bidder will not be allowed

during the declared period of validity to revoke or cancel his tender or to vary any

f) If any Bidder withdraws his tender before the date of validity as declared, the

earnest money deposited by the Bidder, shall be outright forfeited. There shall be

considered as breach of contract and action against bidder shall be taken

according to norms.

g) The work will be awarded to the lowest techno-commercial offer after approval

obtained from the competent authority.

h) Only the authorized representatives of the bidders will be allowed to be present

during bid openings.

3.10 COLLECTION OF DATA - BIDDER'S RESPONSIBILITY:

The Bidder shall visit the site and acquaint himself fully with the site and local

conditions and no claims whatsoever will be entertained on the plea of ignorance of

difficulties for execution of the work.

Before submitting the tender, the Bidder shall be deemed to have clearly understood

and satisfied himself regarding the work and services, all conditions liable to be

encountered during the execution thereof and that prices, rates and/or

compensation quoted in the offer are adequate and all-inclusive with respect to all

factors, circumstances and conditions likely to be incidental, both direct and indirect,

to the work and services

Contractor is strongly advised to visit the site and acquainted himself with the site

condition its surrounding etc. in view of performing the “Scope of Work”.

In general, Collection of DATA is Bidders responsibility.

3.11 ADDENDA / CORRIGENDA:

The Executive Engineer (Mech.), Gandhinagar shall have the right to revise or to

amend the contract documents prior to the date of receipt and opening of the tender

aforesaid such revision or amendments or extensions, if any, shall be communicated

through notice in the newspaper, as may be considered necessary.

Addenda/Corrigenda to the tender documents may also be published On-Line by the

Executive Engineer (M), GMB Gandhinagar prior to the date of opening of the tenders,

to clarify or reflect modifications in the contract terms and conditions.

3.12 AMBIGUITY:

In case of there be any ambiguity or doubt as to the meaning of any of the tender

clauses/conditions or, if any further information is required, the matter should

immediately be referred to the Executive Engineer (M), Gujarat Maritime Board,

Bhavnagar in writing, whose interpretation shall be final and binding.

3.13 TERMINATION

Gujarat Maritime Board shall be entitled to terminate this contract at no cost due to:

a) In the event bidder is adjudicated or found bankrupt of insolvent or any order is

made or resolution passed for the winding up, liquidation of dissolution of bidder

b) This CONTRACT shall be deemed to have been automatically terminated on the

completion of guarantee/defect liability period.

c) If, GMB considers that the performance of the contractor is unsatisfactory or, not

up to the expected standard, the GMB shall notify the contractor in writing and

specify in detail the cause of such dissatisfaction. The GMB shall have right to

terminate this CONTRACT by giving 30 days’ notice in writing to the contractor,

if, contractor fails to comply with the requisitions contained in the said written

notice issued by the GMB.

d) If, contractor abandons this Contract or if he fails to perform or observe any of

the obligations OR its part to be performed and observed hereunder and refuses

to take steps to remedy the same within 7 (seven) days of written notice from

GMB Or for any other reason by giving 10 days written notice, stating the reasons

for termination.

e) Termination of this Contract shall be without prejudice to any rights or remedies

accrued to either Party prior to such termination.

f) No further payment shall become due to the contractor in respect of any period

after termination of this Contract with the exception only on any payment

previously accrued and due for payment to contactor for satisfactory service

under the terms of this Contract.

3.14 PERMITS, LAWS AND REGULATIONS

The Contractor shall carry out the work bound by all applicable laws of Indian

Registry of Shipping (IRS) & Gujarat Maritime Board (GMB) and hereby undertakes

to comply and to ensure compliance with all laws, ordinances, rules, regulations, bye-

laws, decrees and orders whether of IRS/GMB/GOG/GOI or other authority for

Obtaining Permits etc.

Contractor shall be responsible for obtaining and maintaining all licenses, permits,

clearances, certifications and authorizations necessary for the performance of his

obligation under this Contract at his own cost.

The Contractor shall at his own expense arrange for all the safety provisions normally

called for by the nature of Marine Vessel Dry-dock repairing work and as ordered by

the competent Authority/EIC OR his authorized Representative in respect of all

personnel directly or indirectly employed for this contract.

The contractor shall be responsible to arrange for insurance of all labourers, skilled

and unskilled, workers, supervisors etc., employed by him for this work, as per labour

regulation of the State. The Contractor shall be responsible for the safety of their

Labours, Supervisor, own equipment/material during this Contract. The Contractor

shall also take such additional precautions as may be indicated from time to time by

the EIC or his authorized Representative with a view to prevent any losses like theft,

fire hazards, etc.

Before starting the work, the contractor will have to obtain the licence from the

District Assistant Labour Commissioner under the Contract Labour (Regulation and

Abolition) Act, 1970 and contract Labour (Regulation and Abolition) Gujarat Rules

1972 after paying necessary fees and deposit on the basis of the number of labourers

to be employed on the work at his own cost. If contractor fails to obtain the same, it

shall be solely contractor’s responsibility.

The Contractor shall take out and maintain at their own cost, insurance against the

risks and for the coverage as mentioned below, for the period of this contract.

a) Third Party motor vehicle liability in respect of motor vehicle used by the

contractor or his personnel.

b) Workers compensation insurance in respect of personnel of the contractor.

c) Insurance against loss or damages to the consultant's materials/machineries

used in this work.

Any accident/death of person/theft occurs during execution of this work, the GMB

has no liability for the same. It will be solely contractor’s responsibility.

3.16 LAWS GOVERNING THE CONTRACT

This Contract shall be subjected to the laws and regulation governed by the GMB &

Government of Gujarat that may be in force during the Contractual period.

3.17 JURISDICTION:

The award of contract is subject to the Bhavnagar (Gujarat State) jurisdiction.

3.18 SIGNING THE CONTRACT :

The successful Bidder shall be required to execute an Agreement on stamp paper of

the required value within 15 days from the date of issue of the notice of Letter of

Intent with submission of Security Deposit as per above stated clause 3.4 . In the

event of failure on the part of the successful Bidder to execute the agreement within

the above stipulated period, or the period agreed by the GMB, the Earnest Money

deposited by him will be forfeited and apart from that the GMB being in such

circumstances entitled to treat the successful Bidder as in breach of contract and

proceed accordingly.

3.19 INSTRUCTIONS TO BIDDERS TO FORM PART OF THE AGREEMENT :

All these instructions, conditions, special conditions, if any, Technical specifications

contained in the tender document and any correspondence related to this Contract

shall form part of the agreement.

1) Letter of Application shall be submitted in proper format. Incomplete offers shall

2) The bidder shall satisfy himself with regard to the nature of work to be carried out,

its scope, the conditions of the contract, etc. included in the bid document.

3) The cost associated with the preparation and submission of bid shall be borne by

the bidder and GMB shall in no case be responsible or liable for such costs.

4) The language for submission of bid should be in English.

5) The enclosed schedules should be filled in completely and all questions should be

answered. If any particular query is not relevant, it should be stated as "NOT

6) Financial Data, Projects Costs, value of work etc. should be given in Indian rupees

7) For any clarification, for site visit and information regarding relevant data will be

available at office of Executive Engineer (M), PIU, Bhavnagar, Bortalav, Balvatika

Bhavnagar-364003.

8) If a proprietary firm makes the application, it shall be signed by the proprietor

above his full name and the full name of his firm with its current address.

9) If the application is made by a firm in partnership, it shall be signed by all the

partners of the firm, above their full names and current addresses or by a partner

holding the power of attorney of the firm by signing of the application in which

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

certified copy of the partnership dead, current address of the firm and the full

names, and current of all the partners of the firm shall also accompany the

10) If limited company or a limited corporation makes the application, a duly

authorized person holding the power of attorney for signing the application in

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

application shall sign it. Such limited company or Corporation will be required to

furnish satisfactory evidence of its existence before the contract is awarded.

11) Information furnished must be sufficient to show that the applicant is a capable in

all respects to successfully complete the envisaged contract works strictly on the

basis of the applicant, having already carried out satisfactorily works of similar

size, nature and complexity.

12) While submitting the schedules, duly filled in, the applicant shall enclose the latest

copies of brochures and technical documentation giving more information about

the firm and all the members.

13) The Gujarat Maritime Board reserves the right to reject any or all bids without

assigning any reasons and the Gujarat Maritime Board decision shall be final and

14) No costs incurred by bidder in making this offer like providing clarification or

attending discussions, conferences or site visits will be reimbursed by the Gujarat

Maritime Board.

15) Bidder shall enclose list of ongoing works of similar nature and list of similar

nature of jobs under taken during last five years. Copies of certificates/documents

in support shall be attached.

16) Details of the litigation, if any, during last three years shall be furnished.

17) During the tenure of profession, details of awards, if any and such additional

information shall be furnished.

18) The PQ cum Technical Bid should contain all other documents except the price bid,

like specifications, general conditions, etc. and Bidder’s letter regarding deviations

to the general terms & conditions, if any. It should be very clearly understood that

the PQ & Technical Bid should be restricted to only "Technical Matters” and the

tender quoted price must not be discussed in the PQ cum Technical Bid. Conditions

in "PQ cum Technical Bid" should be specific so as to evaluate them correctly and

to arrive at the correct financial effect.

19) The bidders will understand clearly that the rates quoted are for complete works

and include all costs due to POL, labor, plants & equipment’s, transportation,

supervision of GMB officials including lodging & boarding, various other services

like water, power, materials and all matters and things necessary for satisfactory

completion of the work and no claim for additional payment beyond the

offered/accepted rates will be entertained and the bidder will not be entitle

subsequently to make any claim on the ground of misrepresentations or on the

ground that he was supplied with wrong information given by any person (

whether the person is the employee of GMB or not ). Any failure on the part of

Bidder to obtain all necessary and correct information for the purposes of filling

his Bid and prices / rates therein shall not relieve him from any risks or liabilities

arising out of consequence upon the submission of the Bid.

20) The price bid should contain only rate and amount of the work. Any condition in

the price bid shall be liable for rejection of offer of that bidder.

21) No contract will be awarded except to the qualified and responsible bidders

capable of performing the classes of work contemplate.

22) No Bid shall be deemed fit for consideration unless, it is completed in all respect.

23) No conditional tender will be accepted.

24) No change or supplementary information (unless & until asked by GMB) in respect

of the offer shall be accepted after its submission. The bidder shall not make any

alteration in the bid documents.

25) The successful bidder shall have to enter in to an agreement with the Gujarat

Maritime Board in the prescribed format. The cost of stamp papers etc. for the

agreement shall be borne by the bidder.

26) All document submitted will be the property of GMB and GMB reserves the

right to use these documents without any prejudice.

Executive Engineer (M),

Signature of Contractor

GMB, PIU-Bhavnagar

CHAPTER-4: PQ FORMS / ANNEXURES

QUALIFICATION DATA SHEET TO BE FILLED UP BY THE BIDDER.

The qualification questionnaire contains the following forms:

P.Q. FORM-I : Letter of Application

P.Q. FORM –II : Document Fees & EMD Details

P.Q. FORM III : General Details

P.Q. FORM-IV : Turnover

P.Q. FORM–V : Details of experience

P.Q. FORM -VI : History of Litigation on Rs.300 non-judicial stamp

LETTER OF APPLICATION

Executive Engineer (Mech.),

Gujarat Maritime Board, 5th floor, Sagar Bhavan,

GMB Office Complex, Sector – 10 A,

Opp. Air Force Station, Chh-Road,

Gandhinagar- 382010 (Gujarat) India

Having examined the Bid documents including scope of works and time frame of the

aforesaid work, I/we hereby submit all necessary information and relevant documents

The application is made by us on behalf of................................ ………………………….duly

authorized to submit the offer.

The necessary evidence admissible in law in respects of authority assigned to us on

behalf of the firms for applying and for completion of the contract document is attached

It is certified that the information furnished in this document is correct & authentic.

I/We confirm that we have not been barred & blacklisted by any Government

organization OR Major Port Trust OR Minor Port Board in India for any such works in last

I/We shall make available to the GMB any additional information it may find necessary

or require for this tender purpose.

I/We promise that we will abide by all rules & regulation as laid down by G.M.B. time to

time for execution of any contract as may arise during this contract period

I/We have examined and have no reservation to these tender documents with any

addendum issued by GMB.

I/We undersigned accept that GMB reserves the rights to reject any or all tender for this

work without assigning any reason.

Place: Signature of the

(Name in bracket)

Encl: As per NIT

PQ Form No. II: Document Fees & EMD Details

Document Fees Detail

D.D./Banker’s cheque No.& date

Bank Name & Address

Bank Name & Address

Sign and Seal of contractor

PQ Form No. III: General Information

All individual firms applying for pre-qualification must complete the information in these

1. Name of firm:

2. Head office address:

3. Local office address (if any):

4. Telephone: Contact:

5. Facsimile: E-Mail & Website:

6. Place of incorporation / registration: Year of incorporation/ registration:

9. Main lines of business:

10. Details of office set up with Key staff name,

designation, & other detail

11. Other information ( if any)

Sign and Seal of contractor

PQ Form No. IV: Turn over

All individual firms applying for pre-qualification must complete the information in

Particular Year Value (in INR)

Note: Copy of Chartered Accountant certificate shall be attached online with the Tender.

Sign and Seal of contractor

PQ FORM –V: Experience of similar works

Bidders should provide information showing their experience for similar works as

mentioned in the table below:

Actual experience during last 05 years till due date of bid for the proposed work as per

relevant clause of PQ bid shall be taken in to consideration.

A. Experience in Contracts of works completed:

Address Contact Detail Completion

Sr. with person Value of Order Certificate of

No Client phone / name & contract (copy Client

Fax No. Mobile no. Attached) (Attached/

Note: The above information should be filled in the table and supporting

documents (as per tender stipulations) in soft copies should be submitted inclusive

of work order and work completion certificate/ etc. in e-tender.

Sign and Seal of contractor

PQ FORM – VI: History of Litigation

History of Litigation

(On 300 Rupees Non-judicial Stamp)

We here by undertakes and confirms that our agency M/s.

________________________________________________________ have been neither black listed nor

banned for tender participation or execution of the works by any Govt./PSU Authority in

last three year.

Yours faithfully,

(Name of Authorized signatory)

Sign and Seal of contractor

Note: This Undetaking must be notarized.

CHAPTER-5: TECHNICAL DETAILS OF VESSEL

TECHNICAL DETAILS OF DREDGER

1. Name of Vessel. : GMB DREDGE-I

2. IV Registration No. : GMB/GNR/88

3. Type of vessel. : Deck mounted dumb Grab Dredger

4. Year of Built. : August-

5. Place of Built. : Goa

6. Name of Builder : M/s. Vijai Marine Services, Goa

7. Trading warranting. : Inland water limits in the state of Gujarat.

8. Construction details :

Length. : 32.50 Mtr.

Breadth : 09.00 Mtr.

Depth : 2.5 Mtr.

Draft : 1.6 Mtr.

9. D G set : 60 KVA, 415 V, 3 PH, 50 Hz-2 Nos

Make : Ashok Leyland

Model : ALMG-400

Engine (Aux.) : 01 Nos.

Fuel used. : High speed diesel oil

Type : 4 stroke, water cool diesel engine

10 Port Registry. : Bhavnagar

11 Particulars of firefighting : Pumps and fire extinguishers on

Board as per IV Act

12. Backhoe type Excavator Make : Tata Hitachi

Model: ZAXIS 450 H

Bucket capacity: 2.5 cum

Engine: ISUZU 235 kw

13. Spud & its mechanism : No. of spud: 03 Nos

Mechanism: Winch & Motor electrically operated for

each spud separately.

Executive Engineer (M),

Signature of Contractor

GMB, PIU-Bhavnagar

CHAPTER-6: SCOPE OF WORK

Dredger GMB Dredge-1 is GMB owned dredger, which is working at New Port, Bhavnagar.

The unit/vessel is maintained under - IV class. Hence, to maintain the vessel in good

operating condition & to maintain the Class (Docking survey to be carried out) & for

hassle free dredging operation, general repairing is required to be carried out.

The contractor is strongly advised to visit the site and familiarize himself with the vessel

conditions and surroundings before executing the scope of work under this tender. Any

queries regarding the vessel shall be addressed to the Executive Engineer (M), PIU-

Items of work includes renewal of steel hull, Pressure testing of valves, pipeline renewals

& repairs, anodes renewals, sand/Shot blasting, painting of hull, superstructures,

electrical parts repairs, accommodation area repair work etc. including all of items given

in the here items of works in schedule B. All the items of work must have to execute as

per detailed specifications given in this bid in works specification.

The contractor has to procure the required material as mention in “Schedule-B” of this

tender document and should be got approved from EIC. All the items of work must have

to execute as per detailed Specification given in concern chapter of this tender document.

The entire work should be carried out as per Marine standard practice and up to

satisfaction of EIC.

The entire work will have to be carried out under inspection of EIC.

Executive Engineer (M),

Signature of Contractor GMB, PIU-Bhavnagar

GUJARAT STATE ROADS & BUILDING DEPARTMENT /

WATER RESOURCES DEPARTMENT

U]HZFT ZFHI DFU" VG[ DSFG lJEFU v H/ ;\5ltT lJEFU

PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS

SFDM DF8[G]\ 8SFJFZL NZJF/]\ 8[g0Z VG[ S\8=FS8

Name of work :-

8[g0Z :JLSFZJFGL

8[g0Z VF%IF TFZLBo

;DIo SR[ZL SFDSFHGF S,FSM ;]WL

Issued to :- zL G[ VF%I]\

lJEFULI lC;FAGLX

Please read “Chairman of GMB” in place of “Govt. of Gujarat

Opened by : On Date :

SFI"5F,S .HG[Z sIF\ÂœFSf VlW1FS .HG[Z sIF\ÂœFSf

lJEFULI SR[ZL4 JT]"/ SR[ZL4

DATA SHEET FOR OFFLINE TENDERS

(1) Name of the work - SFDG]\ GFD As per first page of this Tender

(2) Estimated Cost - V\NFHL ÃSDT Rs. ..................

(3) Earnest Money - AFGFGL ZSD Rs. ..................

(90/120*) days from the stipulated date of

Receiving of tender but no modification shall be

(4) Validity period of tender offered

allowed after handing over tender to postal

8[g0Z :JLSFZJFGL lGWF"lZT TFZLBYL s)_q!Z_∙f lNJ;M ;]WL

s$f VMOZ S[8,F lNJ; B],,L ZC[X[P 5Z\T] 8[g0Z 5M:8, VF[YMlZ8LG[ ZJFGUL DF8[ ;M\%IF AFN sJ[,L0L8L

;DI 5}ZM YFI tIF\ ;]WLf SM. O[ZOFZ SZL XSFX[ GCÄP

(5) Security Deposite- HFDLGULZL VGFDT …. 5/10%

In the form of Small savings or

(i) Narmada Bonds (of minimum one year Rs. ..................

time limit) ……… 2.5%

GFGL ART ~5[ VYJF GD"NF lGUDGL AF\WL D]NTGL

YF56 :J~5[ sVMKFDF\ VMKL V[S JQF"GL D]NT JF/Lf

(ii) To deducted from bills ……… 2.5% Rs. ..................

sZf RF,] AL,MDF\YL SZJFGL S5FT ~P ..............

Performance bond of Schedule Bank

s#f VG];]lRT A[gSG]\ 5OM"D"g; AMg0 ~P ..............

Time allowed for completion of the work

(6) ………….. Months

from the date of written order to commence

SFD X~ SZJFGF C]SD D?IF TFZLBYL SFD 5]~ SZJF DF8[GM

(7) Other details - VgI lJUTM

(i) Date on or before which the tender Dt: 00/00/2022

s!f SR[ZLDF\ 8[g0Z 5CM\RT] SZJFGL TFZLB TFP __q__qZ_ZZ

(a) In sealed cover by Registered post only

(ii) Mode of sending the tender

sSf DCMZA\W SJZDF\ OST ZlH:80" 85F,YL H

(b) Tenders sent by ordinary post will be

sZf 8[g0Z DMS,JFGL 5wWlT outright rejected.

sBf ;FNL 85F,YL DMS,[, 8[g0Z ;LW] ZN SZJFDF\ VFJX[P

Description essential to be made on (a) Name of work

Sealed Cover sSf SFDG]\ GFD

(b) Last date of Receiving the Tender

s#f DCMZA\W SJZ 5Z NXF"JJFGL H~ZL lJUT

sBf 8[g0Z :JLSFZJFGL K[<,L TFZLB

In figures as well as in words.

(iv) Mode of quoting rate in Schedule B

(Premium / Rebate / At Par)

s$f VG];}lR cBc DF\ EFJ EZJFGL ZLTP VF\S0F T[DH XaNMDF\P s5|LDLIDqZLA[.8qV[8 5FZf

* Strike out which ever is not applicable * ,FU] G 50T] CF[I T[ K[SL GFBJ]P

Note : The normal rate of security Deposit is 5 percent for works upto Rs. 15 lacs and further 5% as

performance bond for works above Rs. 15 lacs. Out of 5% of Security Deposit 50% is payable at the

time of acceptance of tender and the balance by deduction from progress bills

1. DATA SHEET FOR OFFLINE TENDER

3. DATA SHEET FOR ONLINE TENDER

4. NOTICE INVITING TENDERS [OFFLINE]

5. NOTICE INVITING TENDERS [ONLINE]

6. DECLARATION CERTIFICATE

7. TENDER FOR WORK

9. TERMS & CONDITIONS OF CONTRACT

Clause 1 Security Deposit

Clause 2 Liquidated Damages for Delay

Clause 3 Default by Contractor

Action when the Progress of any particular portion of the work is

Clause 5 Non exercise of powers under clause 3 not a waiver

Powers to Seize Tools, Plants, Machineries, Materials and Stores of the

contractor on invocation of clause

Clause 6 Extension of Time Limit

Clause 7 Final measurement and final bill on completion of work

Clause 8 Intermediate and Final Payments

Clause 9 Payment at Reduced Rates

Clause 10 Bills to be Submitted Monthly

Clause 11 Bills and Rates Payable

Clause 12 Materials to be Supplied by the Department

Clause 12-A Consumption and return of materials supplied by the department

Clause 12-B Safe Custody of Materials Supplied by the Department

Drawings, Designs, Instructions of the Engineer-In-Charge and

Specifications, Order of Precedence in case of discrepancies

Clause 14 Excess over Tender Quantities, Extra Items and Variations

No Claim to any payment or Compensation for alterations of for

restrictions of work

Clause 15-A No claim for Delay in Supply of Materials by the Government

Clause 16 Claims under the Contract

Remedies for Inferior or Bad Work, Materials or Workmanship and

Maintenance clause

Clause 17-A Defect Liability Clause

Work to be open for Inspection - contractor's responsible agent to be

Clause 19 Notice to be given before work is covered up

Damage to contract work-in-progress and damages to Surrounding

Clause 20-A Damages due to acts of god and unprecedented floods

Contractor to Supply plant, Ladders, Scaffolding etc. and is liable or

damage arising from non-provision of lights, fencing etc.

Clause 21-A Regulations for Scaffolds, Working Platforms, Gangways and Stairways

Clause 21-B Regulations for Hoisting Appliances

Clause 22 Measures for Prevention of Fire

Clause 23 Liabilities to Contractors for any damages done in or outside work

Clause 24 Compaction of Layers of works above Rs. One Crores

Clause 25 Deleted

Work not to be Sublet; Consequences for Unauthorised Subletting,

Bringing and Becoming Insolvent

Sums Payable by Way of Compensation to be Considered As reasonable

compensation without reference to actual loss

Clause 28 Changes in the constitution of firm to be notified

Clause 29 Works to be under directions of Superintending Engineer

Clause 30 Settlement of Disputes and Arbitration

Clause 31 Deleted

Clause 32 Lump Sums in Estimates

Clause 33 Action where no Specifications

Clause 34 Definition of Work

Contractors Percentage-whether applied to net or gross amount of the

Clause 36 Royalties

Clause 37 Compensation under the Workmen's Compensation Act.

Clause 37-A Liability of the contractor in case of Accidents

Clause 37-B Arrangements for personal Safety requirements and First-aid

Quantities in the Tender to be considered Approximate and they are

subject to variations

Clause 39 Employment of famine or other labour

Clause 40 Claim for Compensation for delay in starting the work

Clause 41 Claim for compensation for delay in the Execution of work

Clause 42 Entering upon or Commencing any portion of Work

Clause 43 Minimum Age of Persons Employed

Clause The payment of fair wages etc.

Clause 44 Method of payment

Clause 44-A Set off clause

Clause 45 Deleted

Clause 46 Employment of Scarcity Labour

Clause 47 Deleted

Clause 48 Application of GST Tax and Consequences thereof

Clause 49 Employment through employment exchange and local labour

Clause 50 Fair Wages

Clause 51 Deleted

Clause 52 List of Machinery

Liabilities of Contractor for Idleness of Road Rollers deployed by the

department on Contract work

Clause 54 Local labour on normal rates

Clause 55 Land on hire and rental charges

Clause 56 Vaccination to labourers

Clause 57 Camp facilities to workers

Clause 58 Gum boots, Hand gloves, Masks etc. to Labourers

Clause 59 No distinction between harijans and other workers

Clause 60 Price Escalation clause

Clause 61 Fencing and Lighting

Clause 62 Liabilities for Accidents to Persons

Clause 63 Access to Site and Work on site

Clause 64 Reports regarding Labour

Clause 65 Treasure Trove

Clause 66 Indemnity

Clause 67 Insurance of Labourers

Clause 68 Setting out

Clause 69 Cement Register

Clause 70 Materials, Works Test Register and Core cutting Machine

Clause 71 Progress schedule

Clause 72 Secured Advance

Clause 73 Advance Payment

Clause 74 Advance against Machineries

Clause 75 Mobilization Advance

Clause 76 Licence for contract labour

Clause 77 Recovery of Testing Charges and Handing over empty Cement bags

Clause 78 Deleted

Clause 79 Recovery of Workers Welfare Cess

Annexure-1 Declaration regarding Income tax, Addresses, etc.

Annexure-2 Basic rates considered by the contractor

Annexure-3 Performance Bond

Annexure-4 List of works already completed by the tenderer

Annexure-5 List of Plant and Machinery

Annexure-6 Declaration regarding works on hand

Annexure-7 Special Conditions of Contract

Schedule ‘A’ Materials to be supplied from P.W. Store

Schedule ‘B’ Memorandum showing items of works to be carried out

Schedule ‘C’ Time schedule of completion

DATA SHEET FOR B-1 E-TENDERING

(A) Details of Tender Item:

Sr. Tender EMD in Period of

Name of Work fee Security of

No. Value in (Rs. _______) Completion

As per NIT & Tender Documents

(B) Eligibility : Registere in ________ Class or above / Pre-qualification.

(C) Schedule of E-Tendering is fixed as under:

(i) Site Visit (If any) On Date : 00/00/2022 ; 00:00 hrs.

Downloading of tender From Date : 00/00/2022

documents Start & End Date Upto Date : 00/00/2022 Till 00:00 hrs.

(iii) Online submission of bid Upto Date : 00/00/2022 Till 00:00 hrs.

(iv) Submission of EMD & Tender Submission in electronic format only through online by

fee and other documents scanning and then the same should be sent in original

to Tender Opening Authority at the time of Tender

Opening or sent the same through R.P.A.D. So as to

NIT & Tender Documents

Executive Engineer (M), GMB, Bhavnagar within

7 days from last date of Opening.

If Tender fee and E. M.D. is not paid as shown in bid

document, action to hold his registration in abeyance

shall be taken and his E-tendering code will be

cancelled for One year.

(v) Online Opening of Bid

90/120* Days counted from the date of opening of

(vi) Bid Validity period

online tenders.

 Bidders can download the tender documents free of cost from the website.

www.gmb.nprocure.com

 Bidders have to submit bid in Electronic format only on above mentioned website till the

Date & time shown above.

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

Bidders who wish to participate in online tenders will have to procure/ should have legally valid

Digital Certificate (Class-III) as per Information Technology Act-2000 using which they can sign

electronic bids. Bidders can procure the same from any of the license certifying Authority of

India or can contract (n) code solution - a division of GNFC Ltd., who are licensed Certifying

Authority by Govt. of India.

(D) (i) Bid Inviting Authority As per NIT

(ii) Bid Opening Authority As per NIT

Percentage premium or rebate in words and

(E) Mode of Quoting Rate

figures at the end of Schedule B

The list of certifying agencies are as mentioned under :

Sr. No. Name of Certifying Agency Website Address

1. (n) Code solution (G.N.F.C.) www.gnvfc.com.

2. Safecrypt www.safescrypt.com.

3 TCS www.tcs.-ca.tcs.co.in

4. MTNL www.mtnltrustline.com

NOTICE INVITING TENDERS (OFFLINE)

1. Tenders are invited on behalf of Governor of State of the Gujarat for work as per page number one of

this Booklet. The work is estimated to cost of “As per NIT”. This estimate however, is given as a rough

2. The works are required to be completed within “As per NIT” as per the terms of the contract

3. The contractor, whose names are borne of the approved list of contractors of Gujarat State R & B

Deptt./W.R.D. in _______ Class and above on the date of opening tenders only will be permitted to

tender. Not more than one tender shall be submitted by a contractor or by a firm of contractors. No

two or more concerns in which an individual is interested as a proprietor and / or a partner shall

tender for the execution of the same works. If they do so, all such tenders shall be liable to be rejected.

4. Applications for issue of tender documents shall be submitted to __________________ so as to reach his

office not letter than ______________.

5. Tender documents consisting of conditions, specifications, Schedule(s) of quantities of the various

classes of work to be done, the conditions of contract etc. will be issued /sold on (date)_____________ to

_____________ (date) up to 4 p.m on payment of “As per NIT”.

6. Copies of other drawings and documents pertaining to tender and signed for the purpose of

identification by the Accepting Officer or his accredited representative will be open for inspection by

tenderers at the following offices during working hours between the dates mentioned in clause

7. Tenderers are advised to visit the site sufficiently in advance of the date fixed for submission of the

tender. A tenderer shall be deemed to have full knowledge of all the relevant documents samples, site

etc. whether he inspects them or not.

8. Submission of a tender by a tenderer implies that he has read this notice and all other contract

documents and has made himself aware of the scope and specification of the work to be done and of

conditions and rates at which stores, tools and plant etc. will be issued to him, by Government and

local conditions and other factors bearing on the execution of the works.

9. A tendered should quote in figures as well as in words the rate(s) tendered. Special care shall be taken

to write rates in figures as well as in words and the amounts in figures only and in such a way that

interpolation is not possible. The total amount shall be written both in figures and In words. In case

interpolation is not possible. The total amount shall be written both in figures and In words. In case

of figures the words Rs. Should be written before the figure of rupees and the words ‘paise’ after the

decimal figure e.g. Rs.2.15 p. and in case of words the words ‘Rupees’ should proceed and the words

‘paise’ should be written at the end. Unless the rate is in whole rupees and followed by the word ‘only’,

it should invariably be upto two places of decimal.

10. All rates shall be quoted on the tender form.

11. The tender for the works shall not be witnessed by a contactor or contractors who himself /

themselves has/have tendered or who may and has/have tendered for the same works. Failure to

observe this condition shall render the tender of the contractor tendering, as well as of those

witnessing the tender liable rejection.

12. Receiving and opening of tender: Tender shall be received by Registered post A.D by

________________________ up to Office Hours upto the __________ (date) and shall be opened at _________ hours

on _______________ in the presence of tenderers who may be present.

13. In the case of contractors who have not furnished standing security, the tender shall be accompanied

by earnest money (unless exempted from depositing it) of Rs._________ Treasury Chalan / Deposit at

call Receipt issued in favour of ______________________ by a scheduled or Nationalized bank or

Narmada/Shrinidhi F.D. Rs. the amount being credited to ___________________ A contractor exempted

from depositing earnest money/security in individual case(s) shall attach with the tender an attested

copy of the letter exempting him from depositing earnest money/ security and shall produce the

original when called upon to do so.

14. A tenderer shall submit the tender which satisfies each and every condition laid down in this notice

and tender documents, failing which the tender will be liable to be rejected.

15. The Governor of the State of Gujarat does not bind himself to accept the lowest or any tender or to

give any reasons for the decision.

16. This notice of tender shall form part of the contract documents.

For and on behalf of Governor for the State of Gujarat.

Designation __________________

NOTICE INVITING TENDERS (E-PROCURE)

1. Tenders are invited on behalf of Governor of State of the Gujarat for work as per page number two of

this Booklet. The work is estimated to cost of “As per NIT”. This estimate however, is given as a rough

2. The works are required to be completed within “As per NIT & Tender Documents” as per the terms of

the contract conditions.

3. The contractor, whose names are borne of the approved list of contractors of Gujarat State R & B

Deptt./W.R.D. in “As per NIT & Tender Documents” on the date of opening Tenders only will be

permitted to tender. Not more than one tender shall be submitted by a contractor or by a firm of

contractors. No two or more concerns in which an individual is interested as a proprietor and / or a

partner shall tender for the execution of the same works. If they do so, all such tenders shall be liable

to be rejected.

4. Bid document can be downloaded & Submitted in Electronic Format on online website

www.gmb.nprocure.com “As per NIT”.

5. Tender documents consisting of conditions, specifications, Schedule(s) of quantities of the various

classes of work to be done, the conditions of contract etc. will be shown on above Web Site.

6. Copies of other drawings and documents pertaining to tender and signed for the purpose of

identification by the Accepting Officer or his accredited representative will be open for inspection by

tenderers at the following offices during working hours between the dates mentioned in clause

7. Tenderers are advised to visit the site sufficiently in advance of the date fixed for submission of the

tender. A tenderer shall be deemed to have full knowledge of all the relevant documents samples, site,

etc. whether he inspects them or not.

8. Submission of a tender by a tenderer implies that he has read this notice and all other contract

documents and has made himself aware of the scope and specification of the work to be done and of

conditions and rates at which stores, tools and plant etc. will be issued to him, by Government and local

conditions and other factors bearing on the execution of the works.

9. The bidder should quote his bid premium or rebate at the end of Schedule-B. It he do not wish to quote

premium or rebate, he should Indicate “at par” in the blank space preceding “%above/below” in

Schedule-B. Thereafter, he should work out and indicate the offered bid amount both in words and

figures in Schedule B.

10. All rates shall be quoted on the tender form.

11. The tender for the works shall not be witnessed by a contactor or contractors who himself / themselves

has/have tendered or who may and has/have tendered for the same works. Failure to observe this

condition shall render the tender of the contractor tendering, as well as of those witnessing the tender

liable rejection.

12. The electronically offered bids will be opened “As per NIT” the presence of bidders who may choose to

remain present in the office of the Bid opening Authority Specified in bid documents.

13. “Demand Draft for Tender fee & FDR for EMD shall be submitted in electronic format only through

online (by scanning) while uploading the bid. This submission shall mean that E.M.D. & tender fee are

received for purpose of opening the bid. Accordingly offer of those shall be opened whose E.M.D. &

tender fee is received electronically. However for the purpose of realization of D.D. bidder shall send

the D.D. in original to Tender Opening Authority at the time of tender opening or send the same through

R.P.A.D. So as to reach “As per NIT” before last date of opening. If Tender fee and E.M.D. is not paid as

shown in bid document, action to hold his registration in abeyance shall be taken and his E-tendering

code will be cancelled for One year. DD for Exemption Certificate is not necessary. However, Exemption

Certificate shall have to be submitted electronically through online

Any documents in supporting of tender bid shall be submitted in electronic format only through online

(by scanning etc.) & hard copy will not be accepted separately.”

14. The Governor of the State of Gujarat does not bind himself to accept the lowest or any tender or to give

any reasons for the decision.

15. This notice of tender shall form part of the contract documents.

For and on behalf of Governor for the State of Gujarat.

Designation __________________

ROAD & BUILDINGS / WATER RESOURCE DEPARTMENT

Contract for works

INFORMATION & INSTRUCTION FOR TENDERERS:

1.0 Mode of Submitting Tender:

The tenders in the form referred to in notice inviting Tender shall be submitted in Electronic

format only on online web-site www.gmb.procure.com till the date & time shown “As per NIT”.

Offers in physical form will not be accepted any case.

Bidders who wish to participate in online tenders will have to procure / should have legally valid

Digital Certificate (Class-III) as per Information Technology Act-2000 using which they can sign

their electronic bids. Bidders can procure the same from any of the license certifying Authority of

India are as mentioned under:

Sr. No. Name of Certifying Agency Website Address

1. (n) Code solution (G.N.F.C.) www.gnvfc.com

2. Safecrypt www.safescrypt.com

3. TCS www.tcs.-ca.tcs.co.in

4. MTNL www.ntnltrustline.com

2.0 Competency of Tendered:

No contract will be awarded except to responsible bidders capable of performing the class of work

completed. Before the award of the contract, any bidders may be required to show that he has the

necessary facilities, experience, ability and financial resources to perform the work in satisfactory

manner within the time stipulated. Tenderer may be required to furnish the tender inviting

authority with the statements as to their experience and their financial status. Tenderer shall be a

registered contractor in appropriate class of the Roads & Buildings Department or Water

Resources Department of Government of Gujarat. The tenders of only those contractors who

process the general and special class and category of approved contractors for Government of

Gujarat on the specified date of opening tenders (Technical Bid in the case of two or more bid

system) will be opened. However this will not be applicable to Tenders / Bidders who are

registered in other states or Central Government, Railways, M.E.S. and who have applied for

registration in Gujarat State or before submitting tenders/bids. The tenders/bids of such

contractors will be opened subject to the condition that they get registration certificate before

issue of work-order in case they emerge as L-1 Bidder. (R&B circular No.TNC-10-2019 (FA-591-

3.0 Tenderer to inform Himself:

Tenderer will be deemed to have inspected the site and to have satisfied himself as to the nature

of all works, all existing roads, water-way and other means of communications and access to and

from the site of the work and the building that may be required for temporary purpose in

connection with the construction, completion and maintenance of the works and must make his

own inquiries as to work, yard sites and depot, and dumps as to acquisition of such additional sites,

rates and areas as may be necessary for temporary purpose for constructing, completing and

maintaining the works and availability of water for construction activities, power, quarries and

4.0 Payment of Tender Fee and Earnest Money Deposit: “Demand Draft for E.M.D. & Tender fee

shall be submitted in electronic format only through online (by scanning) while uploading the bid.

This submission shall mean that E.M.D. & tender fee are received for purpose of opening the bid.

Accordingly offer of those shall be opened whose E.M.D. & tender fee is received electronically.

However for the purpose of realization of D.D. bidder shall send the D.D. in original to Tender

opening Authority at the time of tender opening or send the same through R.P.A.D so as to reach

“As per NIT”. Any documents in supporting of tender bid shall be submitted in electronic format

only through online (by scanning etc.) & hard copy will not be accepted separately. Any documents

in supporting of tender bid shall be submitted in electronic format only through online (by

scanning etc.) (R & B Circular No.5ZRv–!_Z__(v54 dated 19-1-2019 & 27-11-2019).

5.0 Payment: The tenderer must understand clearly that the rates quoted are for completed works

and include all costs due to labour, scaffolding plant, supervision, service work, power, royalties

and octroi etc., and include all extras to cover the cost of night work if and when required and no

claim for additional payment beyond the price/rates quoted and accepted will be entertained and

the tenderers will not be entitled subsequently to make any claim on the ground of

misrepresentation or on the ground that he was Supplied with information given by any person

(whether the member is the employee of Public works Department or not). Any failure on his part

to obtain all necessary information for the purpose of making his tender and filling the several

prices and rates therein shall not relieve him from any risks or liabilities arising out of or

consequent upon the submission of the tender.

6.0 Tender Forms: The form will state work to be carried out as well as the date of submitting and

opening tenders and the time allowed for carrying out the work, also the amount of earnest money

to be deposited with the tender and the amount of the security deposit to be paid by the successful

tenderer and percentage, if any to be deducted from bill. It will also state whether a refund of

quarry fees, royalties, octroy dues and ground rents will be granted. Copies of the specification,

designs and drawing and estimated rates, and any other documents required in connection with

work which shall be signed by the Executive Engineer (M) for the purpose of identification shall

also be open for inspection by contractor at the office of the Executive Engineer (M) during office

hours. However every ‘blank’ in the form of the E-Tender and in the Schedule and Annexures must

be filled up by the tenderer and must be submitted online.

7.0 The bidder should quote his bid premium or rebate at the end of Schedule B. If he do not wish to

quote premium or rebate, he should indicate "at par" in the blank space preceding "%

above/below" in Schedule B. Thereafter he should work out and indicate the offered bid amount

both in words and figures in Schedule B.

8.0 Earnest Money : Earnest money in specified form @ 1% of the estimated cost + GST must be sent

as specified in Instruction No.4 preceding electronically Tenderer may pay earnest money upto

Rs.50000/- in the form of Crossed Demand Draft or fixed deposit or fixed deposit-at-call receipts

with a validity period of not less than six months of Nationalized or Scheduled bank or

Narmada/Shrinidhi F.D.Rs. drawn in favour of Executive Engineer (M)/Divisional Officer

concerned. Earnest money by cheque & Bank Guarantee shall not be accepted. (vide R&BD G.R.

No.TNC/ 1090(100)(4)-C, dated 4.11.2019). However in respect of the works estimated to cost

above Rs.50 lacs, the amount of earnest money in excess of Rs.50000/- can be offered by the

contractor, at his choice, in the form of Bank Guarantee of the Scheduled or nationalized Bank or

other banks approved for Government business only. The Bank Guarantee in such cases will be

furnished in the following form. In such cases also the amount of earnest money first Rs. 50,000/-

will be paid only in the form of crossed demand drafts or fixed deposit receipts or deposit at call

receipts worth the validity period of not less than 6 months of the nationalized or Scheduled or

Narmada/Shrinidhi F.D.Rs.

The Contractors who have secured exemption certificate for payment of earnest money by

depositing Lump Sum earnest money Deposit need not pay earnest money, but produce the

certified copy of the exemption certificate along with the tender electronically. If the contractor

does not remit the tender fee & the earnest money within the specified time his registration will

be held in abeyance for one year & his tendering code will be cancelled for one year. If the

contractor does not turn up to pay the Security Deposit and execute contract agreement within

specified (or extended) time after intimation to him about acceptance of his offer, the earnest

money paid for this work will be forfeited and such tenderer's tender shall be rejected and then

according aforesaid provision of tender, action to blacklist the Contractor will be initiated without

Delay. (Vide R&B D G.R. No. Misc-1097-90-1091/97-Z/C dated 4-10-1997 & Parach-10-2008-5C

Part file dtd. 27-11-2008)

Bank Guarantee is applicable only when the estimated cost of work is more than Rs.50 lacs.

Where as M/s._________________________________________________ (hereinafter called the Tenderer) is

desirous and preferred to tender for works in accordance with the terms and conditions of tender

for the work of _________________ and where as We, Bank, agree to give the tenderer a guarantee for

the Earnest Money.

1. Therefore, we hereby affirm that we are guarantors on behalf of the Tenderer upto total rupees

_________________________________ in words) Rs. ______________ (in figures) and we undertake to pay to

Executive Engineer (M), _______________ Division ________________ Department of Government of

Gujarat the ________________________ upto his first written demand, without demur, without delay and

without the necessity of a previous notice of judicial or administrative procedures and without the

necessity to prove to the Bank the defects or short comings or debits of the contractor any sum

within the limit of Rs.______________________.

2. We further agree that the Guarantee herein contained, shall remain in full force and effect during

the period that would be taken for the acceptance of tender.

However, unless a demand of claim under this guarantee is made on us in writing on or before the

_________________________ (Date to be specified - will not be less than 180 days from the stipulated date

of receiving the tender) we shall be discharged form all liabilities under the guarantee thereafter.

3. We undertake not to revoke the guarantee during it currency except with the previous consent of

the Executive Engineer (M) ___________________________ Division __________________________in writing.

4. We lastly undertake not to revoke the guarantee for any charge in constitution of the tenderer or

Date Signature & Seal of Guarantor _______________________________

8.2 The Earnest Money submitted in the form of Deposit-At-call receipt shall need minimum validity

of six months from the last date of online submission of tender. Tender not supported with tender

fee, Earnest Money & documents and not submitted in electronic format (by scanning) while

uploading the bid shall be rejected as NON Responsive. If the tenderer modifies or withdraws his

tender, the Earnest Money (in case of EMD exemption certificate, proportionate amount equivalent

to EMD of a particular tender) shall be forfeited and the tenderer may be disqualified from

tendering for future works under the Government.

8.3 The Earnest Money will be returned to the unsuccessful tenderers. The Earnest Money will be

returned to the successful tenderer after he furnishes security deposit and duly enters into the

8.4 Within Ten days or within such time as may be decided by the Tender Inviting Authority from date

of receipt of the letter accepting his tender, the successful tenderer shall furnish the required

security deposit and attend the office of the Tender inviting Authority for execution of the contract

documents. If he fails to furnish the security deposit or execute the contract document, his Earnest

Money (in case of EMD exemption certificate equivalent amount there from) shall be forfeited and

action to blacklist the contractor bill be initiated without delay (Vide R & B D G.R. No.Misc.1097-

9.0 Accompaniments of Tender : (to be submitted in electronic format only through on line (by

scanning) as duly certified true copies)

The contractor shall have to furnish:

(i) Demand Draft of Tender fee and Earnest Money Deposit.

(ii) Copy of Partnership Deed or Memorandum as well as Articles of Association in case of the company

and intimate permanent addresses of his partners/Directors of Company. All copies submitted

shall be duly attested.

(iii) Copies of certificate regarding previous experience, as required.

(iv) Declaration showing all works completed during preceding 5 years and works on hand with the

Contractor and the value of works that remained to be executed in each case.

(v) A certificate of Registration as approved contractor of prescribed category from authorities

stipulated in Notice Inviting Tenders.

(vi) P.A.N. issued by Income Tax Department.

(vii) Copy of Provident Fund Registration - Code No.

(viii) Duly filled in and digitally signed declaration form as provided after as last item of section-1 &

Memorandum duly filled in & digitally signed as given in section-2.

(ix) A solvency certificate of an Amount of 20% (Twenty Percent) of estimated cost put to tender will

have to be produced along with tender. It shall be of Scheduled Bank or Nationalized Bank or Bank

Approved for Government business. Solvency Certificate shall have validity of same calendar year

as that of date in which tender is issued.

(x) Required Annexures duly filled in when prequalification in involved.

Required documents are to be submitted in electronic format only as part of tender

document failing which the tender will be rejected outright and will be considered as NON-

10.0 Tender liable to be Invalid:

It may please be noted that the tender is liable to be considered invalid especially, if the

requirements as per Instruction No.(1) to (9) above are not complied with.

11.0 Right of rejection of tenders.

(i) Right is reserved by the Tender Inviting Authority to reject any or all tender(s) without assigning

any reason thereof.

(ii) In addition to the above, the tender will also be liable to be rejected outright if:

(a) The tenderer proposes any alteration in the work specified or in the time allowed for carrying

out the work or in any condition.

(b) The tenderer or in the case of a firm, each partner or the person holding the power of attorney

thereof does not digitally sign section-2 or signature/s is/are not attested by a witness.

(c) If the tenderer adopts unhealthy / mal practice / corrupt practice for securing and performing

12.0 Method of Tendering :

12.1 If the tender is made by an individual, it shall be digitally signed by the proprietor above his full

name and the full name and current address.

12.2 If the tender is made by a proprietary firm, it shall be digitally signed by the proprietor above his

full name and current name of his firm with its current address.

12.3 If the tender is made by a firm of partnership, it shall be digitally signed by a partner of the firm

holding the power of attorney and digital certificate for the firm. A certified copy of the power of

attorney shall be provided in physical form along with other documents. A certified copy of the

partnership deed, full name and current address of the firm and full names and the current

addresses of all the partners of the firm shall also be provided along with other documents.

12.4 If the tender is made by a limited company or a limited corporation, it shall be digitally signed by

a duly authorized person holding digital certificate for the company/corporation and power of

attorney for signing the tender in which case a certified copy of the power of attorney shall be

provided separately in physical form along with other documents. Such limited Company or

Corporation may be required to furnish satisfactory evidence of its existence before the contract is

12.5 All digital signatures in the tender document shall be dated.

13.0 Eligibility and qualification requirement :

To establish acceptability of the offer to the satisfaction of Tender Inviting Authority the tenderer

shall provide the following:

13.1 Details of plant and machinery immediately available with tenderer for use on the works.

13.2 Details of plant and machinery proposed to be procured for the works.

13.3 Details of technical, supervisory and administrative personnel already employed by the tenderer

that he proposed to utilize for this work and such other personnel he proposes to employ further

13.4 Copies of registration certificate and P.A.N. allotted by income Tax Office.

13.5 List of works already completed by the Tenderer during last 5 Years.

13.6 List of works on hand on the date of submitting tender.

13.7 In respect of Road works estimated to cost above Rs.7.50 Crores, bridges as well as building works

estimated to cost above Rs.7 Crores. The offers of bidders fulfilling the pre-qualification

requirements only shall be considered.

14.0 Deviation or modifications in Tender Documents :

14.1 All tenderers are cautioned that tender containing any condition and/or deviation from the

contractual terms and conditions, specifications, quoting offering rates/prices in different manner

than specified in the tender and/or any other requirements of tender shall make the tender liable

for outright rejection shall be considered as non-responsive for all practical purposes. However in

respect of Tenders under Two cover Bid system, proposals for deviations on issues stated in the

Clause of two cover bids, can be suggested. The decision of the tender inviting authority in this

regard shall be final and binding to the tenderer.

14.2 Alternative tenders are not acceptable.

15.0 Submission of tender

15.1 Tender shall be submitted in an online manner only on website www.gmb.nprocure.com

Last date & time of online submission: “As per NIT”

15.2 Tender fee, EMD and other documents should be submitted in electronic format only through on

line (by scanning) while uploading the bid. However for the purpose of realization of D.D. the

bidder shall send the D.D. in original to Tender opening Authority/inviting authority which ever

case may be send the same through R.P.A.D/speed post only So as to reach “As per NIT” mentioning

the name of work on the envelop (R&B D Circular No.5ZRv102008-; Dt. 18-1-2008 & 27-11-08).

16.0 Evaluation of Tenders :

16.1 Evaluation will be made to determine the acceptability, adequacy and reasonability of rates, his

past performance and present resourcefulness.

16.2 To assist in the examination, evaluation and comparison of tender, the tender inviting authority

may ask tenderer individually for clarification of their tenders including breakdown of unit rates.

The request for clarification and response shall be in writing but no change in substance of the

tender shall be sought, offered or permitted at that stage.

16.3 Award may be made to the tenderer whose responsive tender is determined to be the lowest

evaluated tender and who meets the appropriate standards of capacity and financial resources.

17.0 Receipt of Payments: Receipt of payment made on account of any work, when executed by a firm

shall be signed by all the partners except where the contractors are described in their tender as

firm in which case the receipt shall be signed in the name of the firm by one of the partners or by

some other person having authority to give effectual receipts for the firm.

18.0 Bids should be Off Line (Not) only.

19.0 General rules and directions:

19.1 No receipt for any payment made by a contractor will be entertained by the Government in regard

to any matter relating to this tender or the contract shall be valid and binding on the Employer

unless it is signed by the Authorized staff members of the Government.

19.2 All works shall be measured net by standard measure and according to the rules and customs of

the R&B/ Water Resources Department or any other method approved by the R & B/Water

Resources Department without reference to any local custom. The measurements of work will be

taken according to the usual method in use in the Roads & Buildings Department and no proposal

to adopt alternative method will be accepted. The Executive Engineer (M)’s decision as to what is

the usual method in use in the Roads & Building Department will be final.

19.3 In the event of any error or discrepancy in write up to tender documents the contractor will not

take any undue advantage of such error or discrepancy and Engineer-in-charge shall have powers

to interpret and decide correct meaning of contradictory erraneous writing.

19.4 The contractor shall not be permitted to tender for the work in which his near relative is working

as the officer in the sphere of his jurisdiction in the Tender inviting authority.

Note : By term “near relative” is meant wife, husband, parents, children, brothers, sisters, uncles,

aunts, cousins, and in laws.

19.5 The contractor should compulsorily furnish his latest address(es) including the latest address of

his Partners and the place(s) of filling his/their income tax returns along with the tender. Any

changes, in such addresses, during the tenure of contract should invariably and forthwith be

intimated by the Contractor to the Executive Engineer (M).

20.0 Submission of additional information/documents : In addition to various specified documents

and information required to be submitted along with tender, the bidder may be required to provide

any other document/relevant information as considered necessary by the tender inviting

authority and the tenderer shall be required to provide the same as per the requirement of the

tender inviting authority. Even the successful bidder may be required to provide the same and

when required by the authority during subsistence of the contract.

21.0 Bank: Wherever the word “Bank” is used in this document, it would mean Schedule or Nationalized

Bank or other banks approved for Government business only. (R & B D.G.R. No./TNC/1090/100-

22.0 Tender validity period: The tender for the work shall remain open for a period for 120 days

counted from the date of opening on line tenders. During this period if any tenderer withdraws or

makes any modifications or additions in the terms and conditions of his tender not acceptable to

the Government (Public Woks Department) then the Government shall without prejudice to any

right remedy. be at liberty to foreit in full the said earnest money absolutely. In this connection G.R,

R & BD No.TNC-IIB-22(10)-C, dated 24/5/90 and G.R No.TNC-10-2013(02)-C dated 10/5/2013)

should be referred to.

23.0 The successful contractor shall exhibit the board in prominent place of work site showing the brief

details of project/ work under execution, financier, cost of work and board details of inputs/

specifications and targeted goals (R & B D. GRs Nos.TNC-1090-24-C dated 18.11.1991, 17.08.2002

24.0 The contractor will not use the premises of project/ work under construction for his staff,

labourers or for any other purpose. If he do so, market rent for such unauthorized used will be

recovered. The marker rent will be decided by the Engineer in charge.

25.0 All statutory taxes deductible at source under various acts and notification by Government shall

be deducted while making payment for which T.D.S. certificate shall be issued.

26.0 Declarations: The tenderer will have to make declaration enlisted in the form attached herewith

and shall affix his signature to the form in token of correctness of declarations made therein. (G.R.

R & B D. No.TNC-IIB-22(10)-C dated 24.05.1990 should be referred to).

DECLARATION FORM

(i) I/We hereby declare that I/we have visited the site and fully acquainted myself/ourselves with the

local situations regarding materials, labour and other factors pertaining to the work before

submitting this tender.

(ii) I/We hereby declare that I/We have carefully studied the conditions of contract, specifications and

other documents of this work and agree for executing the same accordingly. DECLARATION

CERTIFICATE (G.R. dated 4/2/89 as revised by GR No.TNC-1083/6681/4/C Dt.31/8/1994)

(iii) I/We hereby declare that my/our near relative are not working in this Division or in its sub division

as an Executive Engineer (M), Deputy Executive Engineer, Assistant Engineer, Additional Assistant

Engineer, overseer, Divisional Accountant, Store Keeper, Manager of Atithi/ Vishram Gruha and in

the circle as a Superintending Engineer in addition for Panchayat works not working as chairman

of P.W. committee or as incumbunt in Jilla Panchayat at today.

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28.0 Additional Instruction regarding Security Deposit (Clause-1)

28.1 The full amount of Security Deposit deducted in cash from running bills will be released

proportionally as indicated in table below on production of Bank Guarantee of schedule Bank

provided the contractor produces Bank Guarantee for the period of six months beyond the

stipulated period of completion of work. Further if the time limit of contract is extended the period

of Bank Guarantee shall have to be extended for six months beyond the proposed extension of time

limit and the contractor shall have to furnish the undertaking for this alongwith the application for

extension in time limit.

Table of Proportionate release of Security Deposit:

Against production of

Sr. Monetary Progress Portion of Security Deposit to be released

Bank guarantee of

Equal to the amount retained from

Equal to the amount

1. 25% of Tender cost Running Bills or 0.625% of the estimated

cost of work, whichever is less.

Equal to the amount retained from

Equal to the amount

2. 50% of Tender cost Running Bills or 1. 25% of the estimated

cost of work, whichever is less.

Equal to the amount retained from

Equal to the amount

3. 75% of Tender cost Running Bills or 1.88% of the estimated

cost of work, whichever is less.

28.2 It will have to be ensured that the ten percent amount of security deposit in any form as permissible

above is kept available with the employer till the actual date of completion of work. (Vide as per R

& B Circular No.TNC-10-2013-3-(Part-2)-C Dt.20.11.2013)

29.0 Erasures - Persons tendering are informed that no alterations by them in the next of the document

sent herewith will be allowed and any such alterations will be disregarded.

30.0 The percentage in Schedule B must be given in words and figures. Amount this worked out must

also be entered in column and grand total of amount must be struck out by the tenderer.

also be entered in column and grand total of amount must be struck out by the tenderer.

31.0 Discrepancies and adjustment of Errors:

Any error in quantity or amount in Schedule 'B' showing items of work to be carried out shall be

adjusted in accordance with the following rules.

(a) In the event of a discrepancy between description in words and figures quoted by a tenderer

in the rates column, the description in words shall prevail.

(b) In the event of an error occurring in the 'amount' column of the Schedule 'B' showing items if

work, as a result of wrong multiplication of the unit rate and quantity; the unit rate shall be

regarded as firm and multiplication shall be amended on the basis of the rate.

(c) All errors in totalling in 'amount' column in carrying forward totals shall be corrected.

(d) Any rounding of amount against "items" or in "totals" shall be ignored

The tendered sum so altered shall for the purpose of the tender be substituted for the sum

originally tendered and considered for acceptance.

32.0 (i) It may please be noted that the tender will be considered as invalid, especially, if the

requirements as per instruction No.1 to 9 above are not complied with before submitting the

tender. Also please read carefully the face sheet and 'General Rules and Directions for the guidance

of contractor's of this form.

33.0 All corrections and additions or pasted slips should be initialled.

34.0 The tenders shall be received only under "Registered Post" No other system, namely receiving of

tenders by Hand Delivery 'or' by Express Delivery 'or' in person, should be adopted under any

circumstances. (Vide GR No.TNC-1872(106)-C, dated 12.02.1974)

(i) Late tenders (i.e. tender received after the specified time of opening), delayed tenders. (i.e.

tenders received before the time of opening but after due date and time of receipt of tenders)

and post tenders offers shall not be opened and considered at all.

(ii) The tenders received (by registered post) after time & the date specified in the tender notice

shall not be received by the concerned office from the postmen, for which, date and time may

be recorded on the cover of the tender as to when tender was refused by the Divisional

Accountant or the Divisional head or any other person in charge.

(iii) Necessary records should be maintained for refusal of such tenders in the registers for

receiving tenders and should be initialled by the concerned Executive Engineer (M).

35.0 The above instructions are applicable when B-1 Tender are invited On Line (E -procure) B-

Tender are invited Off Line i.e. in hard Copy in the above instruction, where-ever. The words

"ONLINE" electronically by scanning are used the same may be understood as the same may be

understood as "OFFLINE" in hard copy by registered post etc. This change will affect in formation

and instruction to tenderers section instruction 1, 4, 7, 8.9.11.12. 13.5, 15, 16, 18, 22 and

(Digital Signature of Contractor with Seal)

TENDER FOR WORK - SFD DF8[G]\ 8[g0Z

I/ We hereby tender for the execution for the Governor of Gujarat (hereinbefore and hereinafter referred

to as Government) of the work specified in the underwritten memorandum within the time specified in

such memorandum at + _____________________________ percent below/ above the estimated rates specified in

Schedule 'B' (memorandum showing item of works to be carried out) and in accordance in all respects with

the specifications, designs, drawings and instructions in writing referred to in this tender and in Clause-13

of the annexed conditions of contract and agree that when materials for the work are provided by

Government, such materials and the rates to be paid for them shall be as provided in Schedule 'A' hereto.

VFYL C]\qVD[ VG];l} R cBc CFY WZJFGF SFDGL AFATM NXF"JTL IFNLDF\ lGlN"Q8 V\NFHL NZ SZTF\ + _____________________ 8SF GLRFvp\RF NZ[

IFNLDF\ 9ZFJ[, D]NTGL V\NZ VG[ VF 8[g0ZGL ;FY[ Ô[0[,L S\8=FS8ZGL XZTMGF B\0 !#DF\ H6FJ[,L ,[lBT lJUTM4 l0hF.GM4 0=M.\U VG[ ;}RGFVM

VG];FZ AWL ZLT[4 GLR[ H6FJ[,L IFNLDF\ NXF"J[,]\ SFD SZJF DF8[ U]HZFTGF ZFHI5F, sH[DG[ VCL\ VUFp VG[ CJ[ 5KL c;ZSFZc TZLS[ H6FJ[,

K[f DF8[ 8[g0Z ZH} SZ]\ K]\qSZLV[ KLV[ VG[ T[ SFD DF8[ ;ZSFZ TZOYL DF,;FDFG VG[ T[ DF8[ R}SJJFGF NZ ;FY[GL VG];}lR cScDF\ Ô[UJF.VM SIF"

D]HAGL ZC[X[ T[ DG[qVDG[ SA}, K[P

* Strike out whichever is not applicable * ,FU] G 50T] CF[I T[ K[SL GFBJ]P

+ In figures as well as words + V\FS0F T[DH XaN[FD\F

MEMORANDUM - IFNL

H]NF\ H]NF 5[8F SFDMGM ;DFJ[X SZFIM CMI TM T[GL lJUT

sSf s!f ;FDFgI J6"G D]B5'Q9 5FGF G\P V[S DF\ NXF"jIF D]HA

V,U IFNLDF\ VF5JLP

sBf V\NFHL SÄDT ~P sBf V\NFHL SÄDT ~P PPPPPPPPPPPPPPPPPPPPPPPPPPPPP

sUf AFGFGL ZSD sUf AFGFGL ZSD 1 % ~P PPPPPPPPPPPPPPPPPP

sWf ÔDLG VGFDT* s5F\R 8SFf

sWf s!f ;ZNFZ ;ZMJZ GD"NF lGUDGL AsV[S per

GL Tender Documents

D]NTJF/L YF56 s0L5MhL8

:J~5[f VYJF GFGL ART :J~5[ sS], l05MhL8 ZSDGF 5_ 8SF ;]WLf 2.5 % ~P PPPPPPPPPPPPPPPPPP

sWf sZf V\NFHLÒ SL\DTGF ZP5@ HFDLG VGFDTGL ZSD .ÔZNFZGF ZGL\U lA,MDF\YL

YI[, SFDGL R}SJJFGLP ZSDDF\YL S5FT SZJFDF\ VFJX[P DC¿D ZSD S5FIF AFN 2.5 % ~P PPPPPPPPPPPPPPPPPP

ZGL\U lA,DF\YL S5FT A\W SZJFDF\ VFJX[P

sRf VG];]lRT A[gSG]\ 5ZOMZDg; AMg0 s~l5IF #_ ,FB p5ZGF SFDDF\ V\NFHL SÄDTGF

5 % ~P PPPPPPPPPPPPPPPPPP

;ZJF/M S], 5/10 % ~P PPPPPPPPPPPPPPPPPP

* Vide R & BD G. R. No. TNC – 1088 – 1B/1 (13) / C dated 4-5-1993 & revised vide G.R. No. TNC-

AL,DF\YL SF5[, ZMS0 HFDLG VGFDT GFGL ART 5|DF65+ S[ V[OP0LPVFZP DF\ ~5F\TZ SZJF SMg8=FS8Z ,[BLT H6FJX[ TM T[ D]HA ~5F\TZ SZFJL

XSX[P VF D]HAGL ~5F\TZLT HFDLG VGFDT TYF SZFZGFD]\ SZTL JBT[ ZH] SZ[, jIFH]SL HFDLG VGFDTGL D]NT 5FSTF V[S DCLGF VUFp

SMg8=FS8Z ,[BLT H6FJX[ TM T[ VGFDT SMg8=FS8Z H6FJ[ T[8,F ;DI DF8[ ZLgI] SZFJL V5FX[P

(i) Time allowed for the completion of work from date of written order to commence “As per NIT”.

sKf SFD X~ SZJFGF ,[lBT C]SDDF\ lGIT SZ[, TFZLBYL 5}~\ SZJF DF8[ VF5[,L D]NT “As per NIT” P

Give Schedule where necessary showing dates by which the various items are to be completed.

H[ TFZLBM ;]WLDF\ H]NL H]NL AFATM 5}ZF SZJFGL CMI T[ TFZLBM NXF"JJL VG];}lR H~Z CMI tIF\ VF5JL o

(ii) Should this tender be accepted, I/We hereby agree to abide by fulfil all the terms and provisions of the

conditions of the Contract annexed here to so far as applicable and in default thereof to forefeit and pay

to Government in Office the sums of money mentioned in the said conditions.

sHf VF 8[g0Z :JLSFZJFDF\ VFJX[ TM ,FU] 50TL CX[ tIF\ ;]WL4 VF ;FY[ Ô[0[,L S\8=FS8GL AWL XZTMGL Ô[UJF.VMG]\ 5F,G SZJF VG[ T[G[ 5lZ5}6"

SZJF C]\qVD[ A\WFp\ K]\ q A\WF.V[ KLV[ VG[ T[D SZJFDF\ S;}Z YI[ pST XZTMDF\ NXF"J[, ZSD ;ZSFZDF\ HDF SZFJJF VG[ R}SJJF C]\ q VD[

;\DT YFp\ K]\ q Y.V[ KLV[P

(Receipt No. ___________ dated _______________ from the Government Treasury or Sub-Treasury at _____________

in respect of sum Rs.* _________________________________ is forwarded herewith representing the earnest money

+ (a) the full of value of which is to be absolutely forfeited to Government should 1/We not deposit the full

amount of security deposit specified in the above memorandum in accordance with Clause-I of the said

conditions, otherwise the said sum of above Rs. ______________________________shall be refunded).

The tender is hereby accepted by me on behalf of the Governor of Gujarat.

EXECUTIVE ENGINEER (M) (or his authorized assistant ………………………………………… Division.

+ Strike out (a) if no cash Earnest Money is to be taken * Amount to be specified in words and figures.

x Signature of Contractor before submission of tender x 8[g0Z ZH} SZTF 5C[,F S\g8=FS8ZGL ;CL

Note: The normal rate of Security Deposit is 5 percent for works upto Rs. 30 lacs and further 5 % as

performance bond for works above Rs. 30 lacs. Out of 5 % of Security Deposit 50 % is Payable at the time

of acceptance of tender and the balance by deduction from progress bills.

TERMS & CONDITIONS OF CONTRACT

CLAUSE 1 - Security Deposit:

1.1 Security Deposit is required to be furnished by the contractor as guarantee money for performance of

the contract and observance of Contract Conditions.

1.2 The person/ persons whose tender is accepted (hereinafter called the “Contractor” which expression

shall, unless excluded by, or repugnant to the context include his Legal heirs, executors, administrators

and assignees shall pay the total amount of Security Deposit:

and assignees shall pay the total amount of Security Deposit:

(a) In respect of the tender up to Rs. Thirty lacs, equal to 5 (Five) percent of the estimated cost of the

work put to tender.

(b) In respect of the work above thirty lacs, equal to 10 (Ten) percent of the estimated cost of the

work put to tender.

1.3 In respect of the tenders up to Rs.30 lacs the contractor shall pay Five percent of Security deposit in

two parts as tender:

Part-I : 2.5 percent in the from of Narmada Bond of Sardar Sarovar Narmada Nigam Ltd. or in any form

As per Tender Documents

of National Small saving (N.S.S.) Schemes or F.D.R. of any Schedule Bank to be paid within 10 days

from the date of receipt of Acceptance letter of his offer.

Part-II : 2.5 percent in the form of cash/ Security Deposit to be deducted from Running Bills that

become payable to the contractor from time to time.

1.4 In respect of the tenders above Rs. Thirty lacs the contractor shall pay first five percent of Security

Deposit as specified in part 1.3 above and for the remaining five percent, the contractor shall have to

give Performance Bond to be produced within 10 days from the date of receipt of acceptance letter of

1.5 The work-order to commence to work shall be issued only after the security deposit as per Para

and 1.4 is paid/ furnished by the tenderer. If the tenderer fail to produce the security deposit as above

the earnest money paid by him shall be forfeited and his registration shall be held in abeyance for

three years from the date of such default as per Clause-3.

1.6 All compensation, liquidated damages or other sums or money payable by the contractor to

Government under the terms of this contract shall be deducted from or recouped by the realization of

a sufficient part of his security deposit, or from the interest arising there from or performance bond

or from any sums which may due or may become due by Government to the Contractor on any account

whatsoever and whether in respect of this contract, any other contract, or otherwise. In the event of

his security deposit being reduced by reason of any such deduction or recoupment as aforesaid, the

contractor shall within ten days thereafter, make good in cash or in Government securities transferred

as aforesaid any sum or sums required to make good the shortfall in the amount of the security deposit.

1.7 The portion of security deposit deducted at 2.5 percent from running bills as security deposit can be converted in

to interest bearing securities or F.D.R. of Schedule Bank in the Name of Executive Engineer (M) provided that the

recovery of full amount of 2.5% is made and that the contractor has expressly desired this in writing.

1.8 Fifty percentage of the Security Deposit along with performance bond shall become refundable within fifteen days

after the final completion certificate is issued as per Clause-7. This action will be taken by the Executive Engineer

(M) and no proposal from Deputy Executive Engineer will be necessary. All dues under this contract or other

contract, or otherwise shall be recovered from the aforesaid amount of fifty percentage of the said security deposit

and the balance shall be refunded within fifteen days after the final certificate is issued as per clause 7. The

remaining fifty percentage of the securityAs per shall

deposit Tender Documents

be refunded after the expiry of the Defect Liability period

as per clause 17 and 17-A after deducting there from the amount of expenses, if any, due to Government under

this contract. However before release of balance of Security Deposit, the undertaking should be obtained from the

contractor that he has paid royalty on mining materials and still if any dues for royalty charges are to be paid, he

undertakes to pay the same to the concerned authority. "No due certificate" from Royalty collecting authority

should not be insisted upon. (See Performance Bond on Page No.44) (Modified as per R&B Circular No.TNC-

Also refer instruction 25 under Section I General Rules & Directions for the guidance of contractors.

CLAUSE 2 - Liquidated damages for delay: (i) If the Contractor fails to complete the work under contract

by the stipulated date, he shall pay liquidated damages of Rs. 0.1* percentage of the contract value per day

from the date of delaying the said work upto the date of completion and handling over to the Government.

*As corrected vide- B & CD GR No. TNC - 1091 -1B – 10 / (11) - C, dated 29-6-92.

** Normal rate of Security Deposit is 5% for work upto Rs.30 Lacs & further 5% in form of performance bond for work

above Rs.30 Lacs.

(ii) However also it the contractor fails to complete any part of the work as designed in Schedule (c) by

the time indicated against such part, he shall pay Liquidated damages per day from the date of delaying

the said part of the work up to the date of completion of the said designated part at the rates shown in

the said schedule of the contract value of such part for such failure till the said designated part is

(iii) The aggregate maximum of liquidated damages payable under clause No.2 shall not exceed Rs. o.1

percentage of contract value per day and shall be subject to the maximum amount of ten percentage

of the estimated amount put to tender.

(iv) Delays requiring payment of ten percentage liquidated damages of the amount put to tender for

performance shall be sufficient causes for termination of contract and for forfeiture of security deposit

including amount of performance bond in respect of works estimated to cost more than Rs. 30 lacs,

for performance and registration of the contractor shall also be kept in abeyance for three years from

the date as fixed in all cases. (See Schedule(C) on Page No.48)

CLAUSE 3 - Default by Contractor : If the Contractor shall neglect or fail to proceed with the work with

due diligence or if he violates any of the provision of the Contract, the Engineer-in-charge shall give the

Contractor a notice, identifying deficiencies in performance and demanding corrective action. Such notice

shall clearly state that it is given under the provision of this clause. After service of such notice, the

contractor shall not remove any plant, equipment and material from the site. The Government shall have a

lien on all such plant, equipment and material from the date of such notice till the said deficiencies have

been corrected as mentioned in the said notice.

If the contractor fails to take satisfactory corrective action within ten days after receipt of such notice, the

Engineer-in-charge on behalf of Governor of Gujarat shall terminate the contract in whole. In case, the entire

contract is terminated, the amount of security deposit and performance bond if any together with the value

of the work done but not paid for, shall stand forfeited to the Government. The plants, equipment and

materials, held under this clause shall then be at the disposal of the Government to recover the amount

equivalent to the liquidated damages and registration of the contractor shall be kept in abeyance for three

years from the date as fixed in all such cases.

The Engineer- in-charge if necessary shall direct that a part or the whole of such plant, equipment and

material be removed from the site within a stipulated period. If the Contractor fails to do so, the Engineer-

in- charge shall cause them or any part of them to be sold holding the net proceeds of such sale to the credit

of the Contractor. After settlement of accounts, the lien by the Government of the contractor's remaining

plant equipment and balances of materials shall be released.

Termination of the contract in whole shall be an adequate authority for the Engineer-in-charge to demand

discharge of the obligations from the guarantors of the security for the performance.

CLAUSE 4 : If the progress of any particular portion of the work under Contract is unsatisfactory, the

Engineer-in-charge shall, notwithstanding that the general progress of the work is satisfactory, in

accordance with Clause 2 be entitled to take necessary action under Clause 3, after giving the Contractor

ten day's notice in writing and the contractor shall have no claim whatsoever for any compensation for any

loss caused to him due to such action.

(Clause 1,2,3, and 4 are substituted vide GR No.TNC-1091/IB-10/(l 1)-C, dated 15-10-91 & modified

by GR dated 29-10-91 & G.R.No.TNC-1088/IB/18/(13)-C dated 31-8-94 and No.TNC/10/2002/14-C,

dated 28-4-03 and 10-9-03)

CLAUSE 5: In any case in which any of powers conferred upon the Engineer-in -charge by clause 3 hereof

shall have become exercisable and the same shall not have been exercised, the non-exercise thereof shall

not constitute waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable

at any future date.

CLAUSE 5A: In the event of the Engineer-in-charge taking action under clause 3, he may, if so desire, take

possession of all or any tools, plants, machineries, materials and stores in or upon the work or the site

thereof or belonging to the contractor or procured by him and intended to be used for the execution of the

work or any part thereof, by paying or allowing for the same in account at the contract rate or in case of

contract rates not being applicable at such reasonable rates, as may be comparable to current market rates

where ascertainable of similar articles and comparable condition, to be certified by the Engineer-in-charge.

In the alternative the Engineer-in-charge may by notice in writing to the contractor or his clerk of the works

foreman or other authorized agent require him to remove such tools, plants, machineries, materials or

stores from the premises within a time to be specified in such notice and in the event of the contractor

failing to comply with any such requisition, the Engineer-in-charge may remove them at the contractor's

expense or shall remove them by auction or private sale at the risk and cost of the contractor in all respects,

and the certificate of the Engineer-in-charge as to the expenses of any such removal and the amount of the

proceeds and expenses of any such removal shall be final and conclusive against the contractor.

CLAUSE 6 - Extension of time : If the contractor shall desire an extension of the time for completion of the

work on the ground of his having been unavoidably hindered in its execution or any other ground he shall

apply in writing to the Engineer-in-charge before the expiration of the period stipulated in the tender or

before the expiration of 30 days from the date on which he was hindered whichever is earlier and the

Engineer-in-charge may, if in his opinion, believe that there are reasonable grounds for granting an

extension, grant such extension, as he thinks necessary or proper. The decision of the Engineer-in-charge

in this matter shall be final.

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CLAUSE 7 : As soon as the work is completed, the contractor shall give a notice of such completion to the

Engineer-in -charge and on receipt of such notice the Engineer-in-charge shall inspect the work and if he is

satisfied that the work is completed in all respects then:-

(i) For all works costing upto Rs. 50 lakhs (amount put to tender) the final measurements shall be

recorded within 45 days from the date of physical completion of the work and the final bill shall be

prepared within 45 days from the date of recording final measurement. The completion certificate

shall be issued within one month from the date of final measurements subject to the contractor

fulfilling his obligation as provided in the contract and subject to the work being complete in all

(ii) In respect of works costing more than Rs. 50 lakhs (amount put on tender), the final measurements

shall be recorded within 75 days from the date of physical completion of the work and the final bill

shall be prepared within 75 days from the date of recording final measurements subject to the

contractor fulfilling his obligations as provided in the contract and subject to the work being complete

in all respects.

When separate period of completion have been specified for items or groups of items, the Engineer-in-

charge shall issue, separate completion certificate for such items or groups of items.

No certificate of completion shall be issued nor shall the work be considered to be complete till the

contractor shall have removed from the premises, on which the work has been executed, all scaffoldings,

sheds and surplus materials, except such, as are required for rectification of defects; rubbish and all huts

and sanitary arrangements required for his workmen on the site in connection with the execution of the

work, as shall have been erected by the contractor for the workmen and cleared all dirt from all parts of

building(s) in, upon or around which the work has been executed or of which he may have possession for

the purpose of the execution thereof and cleared floors, gutters and drains, cased doors and sashes, oiled

locks and fastenings labelled keys clearly and handed them over to the Engineer-in-charge or his

representative and made the whole premises fit for immediate occupation or use to the satisfaction of the

Engineer-in -charge. If the contractor shall fail to comply with any of the requirements, of these conditions

as aforesaid, on or before the date of completion of the works, the Engineer-in-charge may, at the expense

of the contractor, fulfil such requirements and dispose of the scaffolding, or surplus materials and rubbish

et--. as he thinks fit and the contractor shall have no claim in respect of any such scaffolding or surplus

materials, except for any sum actually released by the sale thereof less the Cost of fulfilling the requirements

and any other amount that may be due from the contractor. It the expenses of fulfilling such requirements

is more than the amount realized such disposal as aforesaid the contractor shall forthwith, on demand, pay

such excess. The Engineer-in-charge shall also have the rights to adjust the amount of excess against any

amounts 'that may be payable to the contractor.

CLAUSE 8 : No payment shall be made for any work, estimated to cost less than rupees one thousand till

after the whole of the said work shall have been completed and a certificate of completion given. But in the

case of works estimated to cost more than rupees one thousand, the contractor shall on submitting a

monthly bill therefore, be entitled to receive payment proportionate to the part of the work then approved

and passed by the Engineer-in -charge, whose certificate of such approval and passing of the sum so payable

shall be final and conclusive against the contractor. All such intermediate payments shall be regarded as

payments by way of advance against the final payments only and not as payments for work actually done

and completed and shall not preclude the Engineer-in-charge from requiring bad, unsound, imperfect or

unskilled work to be removed and taken away and reconstructed, or re-erected, nor shall any such payment

be considered as an admission of the due performance of the contractor or any part therefore in any respect

or the accruing of any claims, nor shall it conclude, determine, or affect in any way the power of the

Engineer-in-charge as to the final settlement and adjustment of the accounts or otherwise or in any other

way vary or effect the contract. The final bill shall be submitted by the contractor within one month of the

completion of the work, otherwise the Engineer-in-charge's certificate of the measurements and of the total

amount payable for the work shall be final and binding on all parties.

CLAUSE 9 : The rates for items of works shall be valid only when the items concerned is accepted as having

been competed fully in accordance with the sectional specifications, In cases where the items of work are

accepted as not so completed, the Engineer-in-charge may make payment on account of such items at such

reduced rates as he may consider reasonable in preparation of final or on account bill.

CLAUSE 10 - Bills to be submitted monthly : A bill shall be submitted by the contractor each month on

or before the date fixed by the Engineer-in-charge for all works executed in the previous month and

Engineer-in-charge shall take or cause to be taken the requisite measurement for the purpose of having the

same verified and the claim, so far as it is admissible, shall be adjusted, if possible, within ten days from the

presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the

Engineer-in-charge may depute a subordinate to measure up the said work in the presence of the

contractor or his duly authorized agent whose countersignature to the measurement list shall be sufficient

warrant and the Engineer-in-charge may prepare a bill from such list which shall be binding on the

contractor in all respects.

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CLAUSE 11 : The contractor shall submit all the bills on the printed forms to be had on application at the

office of the Engineer-in-charge. The charges to be made in the bills shall always be entered at the rates

specified in the agreement or at the partly reduced rates subject to the approval by the Engineer-in-charge

in the case of Items not completed/executed as per agreements or in the case of any extra work ordered in

pursuance of these conditions and not mentioned or provided for in the tender, at the rate here in after

provided for such work.

CLAUSE 12 : If the specification of the work provides for the use of any special description of materials to

be supplied from the Departmental Store or if it is required that the contractor shall use certain stores to

be provided by the Engineer-in-charge (such materials and stores and the prices to be charged therefore

as here in after mentioned being so far as practicable for the convenience of the contractor but not so as in

any way to control the meaning or effect of this contract specified in the schedule or memorandum here to

annexed) the contractor shall be supplied with materials and stores as may be required from time to time

to be used by him for the purpose of the contract only, and the value of the full quantity, of materials and

stores so supplied shall be set off or deducted from any sum then deposit, or the proceeds of sale thereof,

if the deposit is held in govt. securities, the same or a sufficient portion thereof shall, in that case be sold for

the purpose. All materials supplied to the contractor shall remain the absolute property of Govt. and shall

on no account be removed from the site of the work, and shall at all time, be open to inspection by the

Engineer-in-charge. Any such materials, unused and in perfectly good condition at the time of completion

or termination of the contract, shall be returned to the Departmental store if the Engineer-in-charge so

requires by a notice in writing given under his hand, but the contractor shall not be entitled to return any

such materials except with the consent in writing of the Engineer-in-charge and he shall have no claim for

compensation on account of any such material supplied to him as aforesaid but remaining unused by him

or for any wastage in or damage thereto.

For materials provided in Schedule-A and consumed in excess quantities, the rates provided in Schedule-A

shall be increased/decreased corresponding to the increased/decrease in the new rate payable for excess

quantity as compared to the tender-rates. The rate for materials provident in extra items will be the issue

rates plus storage charge ruling on the date of issue of such quantity of materials.

CLAUSE 12A : The contractor shall be entitled to use the materials supplied by the Department only to the

extent of quantities of such materials required for execution of the work as per theoretical calculations. The

Engineer-in- charge may however, on being satisfied that a large quantity of such materials is required for

the execution of the work, permit the contractor to use such larger quantity of the materials. Such

permission shall be given in writing.

The contractor is bound to return in good condition such materials issued in excess of the requirements so

worked out or in excess of the quantities so permitted to be used by the Engineer-in-charge. If the

contractor fails to return such extra materials within a period of 15 days from the date of the demand in

writing of such materials being made by the Engineer-in -charge, he shall be charged for the excess

materials at double the issue-rate for such materials specified in Schedule-A of the contract Agreement.

CLAUSE 12B : All stores and materials such as cement, if the consumption of which exceeds 25 tons and

steel etc., supplied to the contractor by Government shall be kept by the contractor in separate godown

provided with a double lock. The key of one of the lock shall remain with the Engineer-in-charge or his

agent. The godown shall be accessible to the Engineer-in-charge or his agent at all times. No materials shall

be allowed to be removed from the site of the work and any material required for the execution of the work

shall be taken out from the godown only in the presence of a duly authorized agent of the Engineer-in-

CLAUSE 13 : (1) The contractor shall execute the whole and every part of the work in the most substantial

and workman-like manner and both as regards materials and in other respects in strict accordance with

specifications.

The contractor shall also conform exactly, fully and faithfully to the design, drawings and instructions in

writing for the work signed by the Engineer-in-charge. The design and the drawings shall we lodged in the

office of the site Engineer-in-charge to which the contractor shall be entitled to have access for the purpose

of inspection at such office during office hours.

Where the instructions referred to above are not contained in separate letters addressed to the contractor

the same shall be recorded in the work-order book, which shall be maintained and kept on the site of the

work. The contractor shall be required to sign such entries in the work-order book in token of having noted

the instructions. However, if the contractor fails to sign the work-order book for any reason whatsoever,

the entry of the instructions in the work-order book shall be deemed to be the due notice to him of the said

instructions. The work-order book shall be open for inspections to the contractor on the site of the work

during office hours.

(2) The contractor will be entitled to receive one copy of the accepted tender along with the work order

free of cost and will also be entitled to receive three sets of contract and working drawings according to the

progress of work as and when needed, free of cost.

(3) The several documents forming the contract are essential parts of the contract and requirements

occuring in one is binding as through occuring in all. They are intended to be mutually explanatory and

complimentary and to describe and provide for a complete work.

In the event of any discrepancy in the several documents forming the contract or in any one documents,

the following order of precedence should apply:

(a) Dimension and quantities: (i) Drawings (ii) Schedule-B of the Tender form (iii) specifications.

On drawings, figure dimensions, unless obviously incorrect, will be followed in preference to scaled dimensions.

(b) Description: (i) Schedule-B of the Tender form:- (ii) Drawings (iii) Specifications.

In the case or detective description or ambiguity, the Engineer-in-charge is entitled to issue further

instructions directing in what manner the work is to be carried out. The contractor cannot take any

advantage of any apparent error or omission in drawings or specifications and the Engineer-in-charge

shall be entitled to make corrections and interpretations as necessary to fulfill the plans and specification.

CLAUSE 14.1 : The Engineer-in-charge 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 instructions in this connection which may be given to him in writing signed by the

Engineer-in-charge and such alternation 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.

14. 2 Except that when the quantity of any item exceeds the quantity as in the tender by more than 10%

the contractor will be paid for the quantity in excess of 10% at the rate entered in the S.O.R. of the year

during which the excess in quantity is first executed or tender rate whichever is less. (Modified as per R &

B G.R. No.TNC-10-2017-01-C, Dated 11-7-2017)

14.3 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.

(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 "Schedule of 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, instead of the rate. Stipulated in Schedule-'A'.

(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

14.4 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 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 alternations bears to the cost of the original contract work and the certificate of the

Engineer-in-charge as to such proportion shall be final and conclusive.

14.5 For excess in item of well sinking, the rates for sinking in depth beyond the designed depth shall be as

per the rate quoted by the contractor in the statement of variation. If no rates of variation in sinking are

quoted the rate payable shall be the tender rate for sinking at designed level increased by the difference of

schedule of rates for sinking at designed depth and sinking at the final depth.

CLAUSE 15 - No claim for any payment of compensation for change or restriction of work : If at any

time after the execution of the contract documents the Engineer-in-charge shall for any reason whatsoever,

require the whole or part of the work, as specified in the tender, be stopped for any period or shall not

require the whole or part of the work to be carried out at all or to be carried out by the contractor, he shall

give notice in writing, stating the fact to the Contractor who shall thereupon suspend or stop the work

totally or partially, as the case may be. In any such case, except as provided hereunder, the Contractor shall

have no claim to any payment or compensation whatsoever except as provided hereunder on account of

any profit or advantage which he might have derived from the execution of the work in full but which he

did not so derive in consequence of the full amount of the work not having been carried out, or on account

of any loss that he may be put to on account of materials purchased or agreed to be purchased or for

unemployment of labour required by him. He shall not have also any claim for compensation by reason of

any alterations having been made in the original specifications, drawings, designs and instructions which

may involve any curtailment of the work as originally contemplated.

(1) However, the contractor will be entitled for compensation for loss, if any on the date of notice, for the

purchased materials or for the contract executed for the material to be purchased for such work. Such

compensation will be paid only for actual loss for materials, if such materials so purchased or agreed

to purchase is of required quantity/quality and was purchased / contracted to be ' purchased only for

the same work. But no compensation shall be granted to contractor on material for which advance has

been given to contractor by Government. The amount of loss for such claim will be decided by incharge

Engineer-in-charge.

(2) The contractor also will be entitled for compensation of unemployed labourers for 7 days from the

date of notice provided that in that opinion of Engineer-in-charge such labourers were working for

days prior to the notice and would not be in a position to get employment elsewhere within 7 days

from the date of such notice. The contractor should try to employ such unemployed labourers at other

places from the date of such notice.

In case the Contractor does not agree with the decision of Executive Engineer (M) regarding the amount of

compensation or loss; it will be open for the contractor to appeal to Superintending Engineer-in-charge

within one month from the date of knowledge of such decision. In such case the decision of Superintending

Engineer will be final and binding to the Contractor.

The Contractor shall not be entitled for loss of any expected profit of such work.

(Vide G. R. No. SSR / 1090 /IB / 247 (2) / C, dated 28-6-1993 as amended by GR of even number dated 11 -2-1999).

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CLAUSE 15A : The contractor shall not be entitled to claim any compensation from Govt. on account of

delay by Government in the supply of materials entered in Schedule 'A' where such delay is caused by (i)

Non-supply due to short allotment of quota in case materials available under quota regulations. (ii)

Difficulties relating to the supply of railway wagon (iii) Force majeure. (iv) Act of God. (v) Act of the

country's enemies or any other reasonable cause beyond the control of Government.

In the case of such delay in the supply of materials, Government shall grant such extension of time for the

completion of the works as shall appear to the Engineer-in-charge to be reasonable in accordance with the

circumstances of the case. The decision of the Engineer-in-charge as for the extension of time shall be

accepted as final by the contractors. (As modified Vide R & B D. G.R. No. TNC-1096-IB-143-(16)-C dated 11-1-19).

CLAUSE 16 - Time limit for unforeseen claims : The contractor shall not be entitled to any compensation

from Government on any account unless where allowed by the conditions of this contact. In such cases, the

contractor shall have to submit a claim in writing to the Engineer-in-charge within one month of the cause

of such claim occurring.

CLAUSE 17 - Action & compensation in case of bad work : If, at any time before the expiry of Defects

Liability period as detailed in Clause 17-A. It shall appear to the Engineer-in-charge or his sub-ordinate in

charge of the work that/any work has been executed unsound, imperfect or unskilled workmanship or with

materials of inferior quality or that any materials or articles provided by him for the execution of the work

are unsound, or of a quality inferior to that contracted for or are otherwise not in accordance with the

contract, it shall be lawful for the Engineer-in-charge to intimate this fact in writing to the contractor and

then notwithstanding the fact that the work, materials or articles complained of may have been passed,

certified and paid for the contractor shall be bound forthwith to rectify, or remove and reconstruct the

work so specified in whole or in part as the case may require, or if so required, shall remove the materials

or articles so specified in whole or in part and provide other proper and suitable materials or articles at his

own charge and cost, and in the event of his failing to do so within a period to be specified by the Engineer-

in-charge in the written intimation aforesaid, the contractor shall be liable to pay compensation at the rate

of one percent on the amount of the estimate of the rectification for every day not exceeding ten days during

which the failure so continues, and in the event of any such failure as aforesaid continuing beyond ten days,

the Engineer -in-charge may rectify or remove, and re-execute the work or remove and replace the

materials complained of as the case may be at the risk and expense in all respects of the contractor. Should

the Engineer-in-charge consider that any such inferior work or materials as described above may be

accepted or made use of, it shall be within his descration to accept the same at such reduced rates as he

may fix therefore.

However, the contractor shall be responsible for normal maintenance of the work till the final bill for the

work is prepared by the Departmental Officer.

CLAUSE 17A - 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 except original building works shall be

(a) for all works costing upto Rs.50000/- (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 upto Rs. 1 crore (amount put tender), the period shall

be 12 months from the certified date of completion or one monsoon, whichever is later.

(c) For major projects costing more than Rs. 1 crore, (amount put to tender) the period shall be 36 months

from the certified date of completion or three monsoons whichever is later.

For the purpose of deciding the monsoon period, the 30 th September may be treated as the last date.

(Modified vide R & BD Circular No.PAC-11-102008-2076-N 31-8-2019, PRCH-102013(2076)2759-N Dated

27/05/2013 and Circular No. TNC/10/2019/Clause 17A (Correction/(1)C dated 12/05/2016.)

CLAUSE 17A - Defect liability period : (Applicable to Tenders for Works of Narmada, Water

resources, Water Supply and Kalpsar department only):-

A. For works other than Buildings

(A) For all works costing up to Rs.50000/- (Amount put to Tender) the period shall be Three Months.

(B.1) For works of Check Dams, Canals, Drainage and road structure estimated to cost more than

Rs.50000/- but up to Rs.10.00 lacs the period shall be Six months.

(B.2) For works other than Check Dams, Canals, Drainage and road structure estimated to cost more than

Rs.50000/-but up to Rs.10.00 lacs the period shall be Six months.

(C.1) For works of check Dams, Canals, Drainage and road structure estimated to cost more than Rs.10.00

lacs the period shall be Three Years.

(C.2) For works of check Dams, Canals, Drainage and road structure estimated to cost more than Rs.10.00

lacs but up to Rs. One Crore the period shall be Twelve Months.

(D) All works estimated to cost more than Rs. One Crore the period shall be Three Years.

B. For Building Works: (i) For buildings estimated to cost up to Rs.50000/- the period shall be three years.

(ii) For buildings works other than original building estimated to cost up to Rs.50000/- but up to Rs. One

crore the period shall be Twelve Months (iii) For original building works the period shall be one year or

elapse of one monsoon period whichever is later.

In above works the period shall be counted from the certified date of completion 30th September shall be

treated as last date of monsoon. (N.W.R. WS. & Kalpsar Department Order No.

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CLAUSE 17B - Free maintenance guarantee period of three years for works of constructing B.T.

(1) Contractor shall have to give three years free maintenance guarantee for period from the certified date

of taking over. During this period contractor shall have to repair the damaged portion or the any

portion of road and B.T. surface of road including pot holes, depressions, cuts or worn out portion at

his risk and cost as per directions of Engineers. Five percent of value of B.T. items in each running bill

shall be with held and released after this period is over. Provided for this amount the contractor shall

be allowed to convert it in to F.D.R. or Bank Guarantee Obtained in the name of Executive Engineer

(2) Not Specified.

(3) Two percent of the amount eligible for payment 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.

(R&B Circular No.TNC-10-2013-3(Part-III)-C, dated 13-12-2013).

(1) For each work costing above Rs. 1 crore the contractor shall have to engage minimum 1 graduate

engineer. He will be given identity card by the contractor. The copy of identity card shall be furnished

for the office of Dy. Executive Engineer, Executive Engineer (M) and Superintending Engineer. The

identified engineer should remain present on the site of the work. The contractor will have to produce

the notarized certificate periodically (at least in the beginning and in the month of completion of the

work to the effect that the said designated graduate engineer has not been appointed on any other

work. If not found on site, The engineer in charge will give notice of this default to the contractor. If in

spite of this notice default continues, the action to hold the registration of defaulter contractor in

abeyance for three years will be initiated. (R&B D Circular No. SSR-10-2008-18-C dated.13-10-08 and

no. 5ZRv!_Z_!5v55 ;L dated 04-11-2015)

(2) Work to be open to inspections- Contractor or responsible agent to be present :- All works under

or in course of execution or executed in pursuance of the contract shall, at all times be open to the

inspection and supervision of the engineer in charge and his sub ordinates and the contractor shall, at

all times during the usual working hours and all other times for which reasonable notice of the

intimation of the engineer in charge or his subordinates to visit the works shall have been given to the

contractor, either himself be present to receive the orders and instructions or have a responsible agent

duly accredited in writing present for that purpose. Orders given to the contractor’s duly authorized

agents shall be considered to have the same force in effect as if they had been given to the contractor

CLAUSE 18A - Employment of qualified site engineer by the Contractor :

For works estimated to cost above rs.100 lacs within 15 days of issue of work order the contractor will

have to furnish to the Dy. Executive Engineer in charge of the work the name, qualifications, copy of mark

sheet, color photograph and the appointment order issued to 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 per month per engineer will be made from the

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

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. (G.R.B and CD no. RGN-602006-(35)-C-

dated.31/05/07).

CLAUSE 19 - Notice to be given before work is covered up : The contractor shall give not less than five

day's notice in writing to the Engineer-in-charge or his subordinate in charge of the work before covering

up or otherwise placing beyond the reach of measurement any work in order that the same may be

measured and correct dimensions there of taken before the same is so covered up or placed beyond the

reach of measurement and if any work shall be covered up or placed beyond the reach of measurement

without such notice having been given or consent obtained, the same shall be uncovered at the contractor's

expense and in default thereof, no payment or allowance shall be made for such work or for the materials

with which the same was executed.

CLAUSE 20 : If the contractor or his workmen, or servants shall break, deface, injure or destroy any part of

the building or the work in question in/on which they may be working or any building, road, fence,

enclosure or grass-land or cultivated ground contiguous to the premises on which the works or any part

thereof is being executed or if any damage shall be done to the work from any cause whatever before

damage occurred/caused due to normal flood or rain or if any imperfections become apparent in it within

three months from the grant of a certificate of completion, final or otherwise by the Engineer-in-charge, the

contractor shall make good the same at own expenses or in default, the Engineer-in-charge may cause the

same to be made good by other contractor, and deduct the expenses (of which the certificate of the

Engineer-in-charge shall be final) from any sums that may thereafter become due to the contractor or from

his security deposit or the proceeds of sale thereof or a sufficient portion thereof.

CLAUSE 20A : Neither party shall be liable to the other for any loss or damage occasioned by or arising out

of acts of God, such as Unprecedented flood, Volcanic eruption, earthquake or other convulsion of nature

and other acts such as but not restricted to general strike, invasion, the acts of foreign countries, hostilities,

or war like operations before or after declaration of war, rebellion, military or Usruped power which

prevent performance of the contract and which could not have been foreseen or avoided by a prudent

Note : "Unprecedented flood" means the flood crossing the High Flood Level of the past _______ year(s) which

is on the available record.

(Modified Vide R & B D. G. R. No.TNC-1096-IB-143-(16)-C dated 11-1-99)

CLAUSE 21 - Contractor to supply plant, ladders, scaffolding etc. and is liable for damage arising

from non-provision of lights, fencing etc. : The contractor shall supply at his own cost all materials

(except such special materials if any, as may, in accordance with the contract to be supplied from the Public

Works Department Stores), plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding, and

any temporary works which may be required for the proper execution of the work whether in the original,

altered or substituted form and whether included in the specifications, or other documents forming part of

the contract or referred to in these conditions or not and which may be necessary for the purpose of

satisfying or complying with requirements of the Engineer- in-charge as to any matter or to which under

these conditions he is entitled to be satisfied or which he is entitled to require together with carriage

therefor to and from the work. The contractor shall also supply without charge the requisite number of

persons with the means and materials necessary for the purpose of settings out works and counting,

weighing and assisting in the measurement or examination at any time and from time to time, of the work

or the materials, failing this, the same may be provided by the Engineer -in-charge at the expense of the

Contractor and the expenses may be deducted from any money due to the Contractor under the contract or

from his security deposit, or proceeds of sale thereof or of a sufficient portion thereof. The contractor shall

provide all necessary fencing and lights required to protect the public from accident and shall also be bound

to bear expenses of defence of every suit, action or other legal proceeding at law that may be brought by

any person for injury sustained owing to neglect of the above precautions and to pay any damages and

costs which may be awarded in any such suit, action or proceedings to any such person, or which may, with

the consent of the Contractor, be paid in compromising any claim by any such person.

CLAUSE 21A : The Contractor shall provide suitable scaffolds and working platforms, gangways and

stairways, and shall comply with the following regulations in connection therewith.

B\0vZ! S o S\8=FS8Z[ IMuI 5F,BM VG[ SFRF DF\R0F4 HJFvVFJJF DF8[GF\ 5Fl8IF VG[ ;L0LGL Ô[UJF. SZJFGL ZC[X[ VG[ T[ V\U[ GLR[ D]HAGF

lGIDMG]\ 5F,G SZJFG]\ ZC[X[P

(a) Suitable scaffolds shall be provided for workmen for all works that cannot be safely done from a ladder

or by other means.

sSf ;L0L p5ZYL VYJF ALÔ SM. ;FWG £FZF ;,FDlT5}J"S G SZL XSFI T[JF AWF\ SFD DF8[ SFDNFZM ;F~ IMuI 5F,BMGL Ô[UJF. SZJFGL

(b) A scaffold shall not be constructed, taken down or substantially altered except –

(i) Under the supervision of a competent and responsible person.

(ii) appointed by contractor and by competent workers possessing adequate experience in this kind

sBf s!f SFI"1FD VG[ HJFANFZ jIlSTGL N[BZ[B C[9/ T[ l;JFI4

sZf S\8=FS8Z £FZF lGDFI[, VG[ VG]EJ WZFJTF SFI"1FD SFDNFZM £FZF YT]\ CMI T[ l;JFI4 SM.56 AF\WJL GCL\4 pTFZJL

GCL S[ T[DF\ DCtJGF O[ZOFZ SZJF GlC\P

(c) All scaffolds and appliances connected therewith and all ladders shall –

sUf AWL 5F,BM VG[ T[GL ;FY[ ;\S/FI[, ;FDU|L VG[ AWL H ;L0LVMv

(i) be of sound material

s!f DHA}T RLHJ:T]GL AG[,L CMJL Ô[.V[P

(ii) be of adequate strength having regard to the loads and strains to which they will be subjected,

sZf T[GF 5ZGF VFJGFZF JHG VG[ 3;FZFG[ BDL XS[ T[8,L DHA}T CMJL Ô[.V[4 VG[

(iii) be maintained in proper condition.

s#f T[G[ ;FZL l:YlTDF\ ZFBJFGL ZC[X[P

(d) Scaffolds shall be so constructed that no part thereof can be displaced in consequence of normal use.

s3f 5F,BM V[JL AF\WJFGL ZC[X[ S[ ;FDFgI J5ZFXYL T[GM SM. 56 EFU K}8M 50L G ÔIP

(e) Scaffolds shall not be overloaded and so far as practicable the load shall be evenly distributed.

sRf 5F,BM 5Z JWFZ[ 50T]\ JHG D}SJ]\ GlC VG[ XSI CMI tIF\ ;]WL T[ JHG ;DU| 5F,B 5Z V[S;ZB]\ JC[\RL GF\BJ]\P

(f) Before installing the lifting gear on scaffolds, special precaution shall be taken to ensure the strength

and stability of the scaffolds.

sKf 5F,BM 5Z DF, pRSJF DF8[GF lUIZ UM9JTF\ 5C[,F 5F,BMGL DHA}TF. VG[ 8SFp56FGL BFTZL SZJFGL BF; ;FJR[TL ,[JLP

(g) Scaffolds shall be periodically inspected by a competent person.

sHf SFI"1FD jIlST £FZF JBTMJBT 5F,BMGL T5F; SZJFGL ZC[X[P

(h) Before allowing a scaffold to be used by his workmen, the Contractor shall, whether the scaffold has

been erected by his workmen or not, take steps to ensure that it complies fully with the regulation

herein specified.

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H6FJ[, lJlGIDM VG];FZ AZFAZ CMJF AFATL BFTZL SZJFGL ZC[X[P

(i) Working platforms, gangways shall

s8f SFRF DF\R0F\ HJFvVFJJF DF8[GF 5Fl8IF VG[ ;L0LVM AF\WTL JBT[ GLR[GL AFATM bIF,DF\ ZFBJFGL ZC[X[P

(i) be so constructed that no part thereof can dag unduly or unequally,

s!f T[GM SM. 56 EFU JW] 50TM S[ V;DFG ZLT[ h}SL G HJM Ô[.V[P

(ii) be so constructed and maintained having regard to the prevailing conditions as to reduce as far

as practicable risks of persons tripling or slipping and-be so constructed that no part thereof can

dag unduly or unequally,

sZf DF6;M UA0L S[ ,5;L 50[ T[J]\ Ô[BD AG[ T[8,]\ VMK]\ ZFBJF DF8[ 5|JT"TF ;\Ô[UM VG];FZ T[ AF\WJF VG[ Ô/JJF T[4 VG[

(iii) be kept free from any unnecessary obstruction.

s!f SM. 56 ÔTGF lAGH~ZL VJZMWYL D]ST ZFBJF

(j) In the case of working platforms, gangways working places and stairways at a height exceeding

metre (to be specified) sH6FJJLf

s9f ZP__ DL8ZYL JW] pRF.JF/F SFRF DF\R0F4HJFvVFJJF DF8[ 5Fl8IF SFDGL HuIF VG[ ;L0LVMGL GLR[ D]HAGL Ô[UJF. ZC[X[P

(i) Every working platform and every gangway shall be closely boarded unless other adequate

measures are taken to ensure safety.be so constructed that no part thereof can dag unduly or

s!f ;,FDTLGF ALÔ 5}ZTF\ 5U,F\ G ,[JFIF\ CMI TM NZ[S SFRM DF\R0M VG[ HJF VFJJF DF8[G]\ NZ[S 5Fl8I]\ ,UM,U H0[,]\

(ii) Every working platform and every gangway shall have adequate width, and

sZf NZ[S SFRF DF\R0F VG[ HJFvVFJJF DF8[GF 5Fl8IF\4 5}ZTL 5CM/F.JF/F CMJF Ô[.X[4 VG[

(iii) Every working platform, gangway, working place and stairway shall be suitably fenced.

s#f NZ[S SFRF DF\R0F VG[ HJFvVFJJF DF8[GF 5Fl8IF\ SFDGL HuIF VG[ ;L0LVMG[ IMuI S9[ZF CMJF Ô[.V[P

(k) Every opening in the floor of a building or in a working platform shall, except for the time and to the

extent required to allow the access of person or the transport or shifting of materials be provided with

suitable means to prevent the fall of persons or material.

s0f DF6;M VFJL H. XS[ VYJF DF,;FDFGGL C[ZO[Z Y. XS[ S[ V[S :Y/[YL ALH[ :Y/[ ,. H. XSFI T[8,F JBT VG[ T[8,F 5}ZTL DSFGGL

OZ; S[ SFRF DF\R0F 5ZGL 5|tI[S B]<,L HuIF 5Z V[JF IMuI ;FWGM D}SL ZFBJF S[ H[YL SM. DF6; S[ DF,;FDFG 50L G ÔIP

(l) When persons are employed on a roof where there is danger of falling from a height exceeding

(to be specified) meters suitable precaution shall be taken to prevent the fall of persons or material.

s-f HIF\YL 50L HJFGM EI CMI T[JL #P__ sH6FJJLf DL8ZYL JW] p\RF.GF KF5ZF\ 5Z DF6;MG[ SFD[ ZFBJFDF\ VFjIF CMI tIF\YL DF6;M S[

DF,;FDFG 50L G ÔI T[ DF8[ ;FJR[TLGF IMuI 5U,F\ ,[JFGF\ ZC[X[P

(m) Suitable precautions shall be taken to prevent persons being struck by articles which might fall from

scaffold or other working places.

sTf 5F,BM S[ SFDSFHGL ALÒ HuIFVM 5ZYL 50[ T[JL RLHJ:T]VMYL DF6;G[ .Ô G YFI T[ DF8[ ;FJR[TLGF\ IMuI 5U,F\ ,[JFP

(n) Safe means of access shall be provided to all working platforms and other working places.

sYf AWF SFRF DF\R0F VG[ SFDGL ALÒ HuIFVMV[ ;C[,F.YL HJF DF8[ ;,FDT DFUM"GL Ô[UJF. SZJFGL ZC[X[P

CLAUSE 21B : The contractor shall comply with the following regulations as regards the hoisting

appliances to be used by him-

B\0vZ!vB o S\8=FS8Z JHG pRSJFGF ;FWGM JF5Z[ T[ ;\A\W DF\ T[6[ GLR[GF lJlGDIMG]\ 5F,S SZJFG]\ ZC[X[P

(a) Hoisting machines and tackle including their attachments, anchorages and supports shall –

sSf JHG pRSJFGF\ I\+M VG[ UZU0LJF/F I\+4 T[DGL ;FY[GF Ô[0F6M4 ,\UZ DF8[GF ;FDFG VG[ 8[SF GLR[ D]HAGF CMJF Ô[.X[P

(i) be of good mechanical construction, sound material and adequate strength and free from patent

s!f ;FZL IF\l+S ZRGFJF/F\4 DHA}T J:T]GF T[DH 5}ZTL TFSFTJF/F VG[ N[BLTL SM. BFDL lJGFGF¸ VG[

(ii) be kept in good repair and in working order.

sZf ;FZL N]Z:T CF,TDF\ VG[ RF,] l:YlTDF\ ZFBJF Ô[.X[P

(b) every rope used in hoisting or lowering materials or as a means of suspension shall be of suitable

quality and adequate strength and free from patent defect.

sBf DF,;FDFGG[ p\R[ R0FJJF S[ GLR[ pTFZJF VYJF ,8STM ZFBJFGF ;FWG TZLS[ J5ZFT]\ NMZ0]\ IMuI ÔTG]\ VG[ 5}ZTL DHA}TF.JF/]\ T[DH

N[BLTL bFFDL lJGFG]\ CMJ]\ Ô[.V[P

(c) Hoisting machines and tackles shall be examined and adequately tested after erection on the site and

before use and be re-examined in position at intervals to be prescribed by Engineer-in-charge.

sUf JHG p\RSJFGF\ I\+M VG[ UZU0LJF/F\ I\+G[ SFDGF :Y/[ UM9jIF AFN VG[ p5IMUDF\ ,LWF 5C[,F\ T5F;L Ô[.G[ 5}ZTF 5|DF6DF\ RSF;L

,[JFGF ZC[X[4 T[DH CJF,FGF .HG[Z lGIT SZ[ T[JF\ ;DIF\TZ[4 UM9J[,L l:YlTDF\ T[GL O[Z T5F; SZJFGL ZC[X[P

(d) Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering materials or as a

means of suspension shall be periodically examined.

s3f DF,;FDFG p\R[ R0FJJFGF S[ GLR[ pTFZJF S[ ,8STM ZFBJFGF ;FWG TZLS[ J5ZFTF 5|tI[S ;F\S/4 ZL\U4 VF\S0M S0L4 GS}RF VG[ 5],La,MS

JBTMJBT T5F;JFP

(e) Every crane driver or hoisting - appliance operator shall be properly qualified.

sRf 5|tI[S Ê[.G 0=F.JZ S[ JHG pRSJFGF I\+GF RF,S IMuI ,FISFTJF/F CMJF Ô[.V[P

(f) No person who is below age of 15 years shall be in control of any hoisting machine, including any

scaffolds, nor shall give signals to the operator.

sKf !5 JQF"YL GLR[GL SM. 56 jIlSTG[ SM. 5F,B ;lCT JHG pRSJF SM. I\+GF lGI\+S TZLS[ VYJF VM5Z[8ZG[ lGXFGLYL ;}RGF VF5JF4

SFD[ ZFBL XSFX[ GCL\P

(g) In the case of every hoisting machine and of every chain ring hook shackle, swivel and pulley block

used in hoisting or lowering or as a means of suspension the safe working load shall be ascertained by

adequate means.

sHf JHG pRSJFGF 5|tI[S I\+ VG[ DF,;FDFG p\R[ R0FJJFGF S[ GLR[ pTFZJFGF S[ ,8SFJL ZFBJFGF ;FWG TZLS[ J5ZFTL 5|tI[S ;F\S/4 ZL\U4

S0L4 GS}RF VG[ 5],Lva,MSGL ;,FDT ZLT[ JHG p9FJJFGL XlST S[8,L K[ T[ IMuI ;FWGM J0[ GSSL SZJFG]\ ZC[X[P

(h) Every hoisting machine and all gears referred to in preceding regulation shall be plainly marked with

the safe working load.

shf VFU/GF lJlGIDDF\ H6FJ[, JHG pRSJFGF 5|tI[S I\+ VG[ AWF H lUIZ 5Z T[ ;,FDT ZLT[ S[8,]\ JHG p9FJL XS[ T[D K[P T[ RMbB]\ ,B[,]\

(i) In the case of hosting machine having a variable safe working load, each safe working load and

conditions under which it is applicable shall be clearly indicated.

s8f H]NF\ H]NF\ JHG ;,FDT ZLT[ pRSL XSTF4 pRSJFGF I\+ 5Z4 ;,FDT ZLT[ pRSL XSFT]\ 5|tI[S JHG VG[ S. CF,TDF\ I\+G[ T[ ,FU] 50X[ T[

:5Q8 NXF"JJFG]\ ZC[X[P

(j) No part of any hoisting machine or gear referred to in regulation 'g' above shall be loaded beyond the

safe working load except for the purpose of testing.

s9f p5ZGF lJlGDI H[DF\ H6FJ[, JHG pRSJFGF SM. 56 I\+ S[ lUIZGF SM. 56 EFU 5Z RSF;6L DF8[ H~ZL CMI T[ l;JFI4 ;,FDT JHG

SZTF\ JW] JHG ,FNJ]\ GlCP

(k) Motors, gears, transmissions, electric wiring and other dangerous parts of hoisting appliances shall be

provided with sufficient safeguards.

s0f JHG pRSJFGF ;FWGGL DM8ZM4 lUIZ4 lJn]TJFCS ;FWGM4 JLH/LGF TFZ VG[ Ô[BDL EFUM DF8[ 5}ZL ;,FDTLGL Ô[UJF. SZJFGL ZC[X[P

(l) Hoisting appliances shall be provided with such means as will reduce to a minimum the risk of the

accidental descent of the load.

s-f SM. JHG VS:DFT GLR[ ;ZSL 50[ T[J]\ Ô[BD VMKFDF\ VMK]\ ZC[ T[ 5|SFZGL SM.S ;UJ0 JHG pRSJFGF ;FWGDF\ SZJFGL ZC[X[P

(m) Adequate precautions shall be taken to reduce to minimum the risk of any part of a suspended load

becoming accidentally displaced.

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CLAUSE 22 : Measures for Prevention of Fire: The contractor shall not set fire to any standing jungle, trees,

bush wood or grass without a written permit from the Engineer- in-charge.

When such permit is given, and also in all cases when destroying cut or dug up tress, bush wood, grass etc.

by fire, the contractor shall take necessary measures to prevent such fire spreading to or other-wise

damaging surrounding property. When such permit is given, and also in all cases when destroying cut or

dug up tress, bush wood, grass etc. by fire, the contractor shall take necessary measures to prevent such

fire spreading to or otherwise damaging surrounding property.

CLAUSE 23 - Liability of contractors for any damages done in or outside work area : Compensation

for all damage done intentionally or unintentionally by Contractor's labourers whether in or beyond limits

of Government property including any damage caused by the spreading of fire mentioned in the clause

shall be estimated by the Engineer-in-charge., or such other Officer as he may appoint and the estimates of

the Engineer- in-charge, subject to the decision of the Superintending Engineer, on appeal, shall be final

and the contractor shall be bound to pay the amount of the assessed compensation on demand, failing

which the same will be recovered from the Contractor as damages in the manner prescribed in clause 1 or

deducted by the Engineer-in-charge from any sums that may be due or become due from Government to

the contractor under this contract or otherwise.

B\0vZ# o SFDGF lJ:TFZ VYJF T[GF ACFZ YI[, SM. 56 G]SXFG DF8[ SMg8=FS8Z HJFANFZ CMJF AFATo B\0vZZDF\ H6FjIF 5|DF6[ VFU 5|;ZJFYL

YI[, SM.56 G]SXFG ;lCT S\8=FS8ZGF DH}ZMV[ .ZFNF5}J"S S[ VÔ6TF\ ;ZSFZL lD,STGL CNGL V\NZ S[ ACFZ SZ[,F\ AWF H G]SXFGGF J/TZGM

V\NFH CJF,FGF .HG[Z VYJF V[D6[ GLD[,F ALÔ SM. VlWSFZL SF-X[ VG[ CJF,FGF .HG[ZGM VF V\NFH4 V5L, YI[4 VlW1FS .HG[ZGF R]SFNFG[

VFlWG4 VFBZL U6FX[ VG[ DFU6L SZTF\ VFSFZFI[,L J/TZGL T[JL ZSD R}SJJF DF8[ S\8=FS8Z A\WFI[, ZC[X[ VG[ T[D SZJFDF\ S;}Z SZX[ TM T[JL

ZSD B\0v!DF\ 9ZFJ[,L ZLT[ G]SXFGL TZLS[ S\8=FS8Z 5F;[YL J;}, SZJFDF\ VFJX[ VYJF VF S\8=FS8 C[9/ VgIYF ;ZSFZ 5F;[ ,[6L YTL S[ CJ[ 5KL

,[6L YFI T[JL ZSDDF\YL CJF,FGF .HG[Z SF5L ,[X[P

The Contractor shall bear the expenses of defending any action or other legal proceeding that may be

brought by any person for injury sustained by him owing to neglect of precautions to prevent the spread of

the fire and he shall also pay the damages and cost that may be awarded by the court in consequence.

VFU 5|;ZTL V8SFJJF ;FZ]\ ;FJR[TLGF 5U,F\ ,[JFDF\ YI[,L A[NZSFZLG[ 5lZ6FD[ SM. jIlSTG[ YI[, .Ô DF8[ SM. 5U,F\ ,[ S[ ALÒ SFG}GL SFI"JFCL

SZ[ TM T[GL ;FD[GF ARFJG]\ BR" S\8=FS8Z[ EMUJJFG]\ ZC[X[ VG[ T[JL SFI"JFCLG[ 5lZ6FD[ SM8" TZOYL R}SFNM VF5TF\ T[ G]SXFGL VG[ BR" EZJFG]\

YFI T[ T[D6[ R}SJJFG]\ ZC[X[P

B\0vZ$o ~l5IF V[S SZM0YL JW] ZSDGF JF.0GL\U VG[ :8=[gWGL\UGF SFDMDF\ NZ[S :TZG]\ SMd5[SXG jIJl:YT ZLT[ YFI T[ DF8[ GLR[GL SFI"JFCL

VG];ZJFGL ZC[X[o

Z$P! o Z:TFGL 5CM/F.DF\ WFZFWMZ6 D]HA SMd5[SXG YFI T[ DF8[ A[AL ZM,Z OZHLIFT ZLT[ ,FJL SMd5[SXG SZJFG] \ ZC[X[P

Z$PZ o VFJF SFDMDF\ NZ[S :TZG]\ SMd5[SXG WFZFWMZ6 D]HA YI]\ K[4 T[GL NZ[S ,[IZ[ OZHLIFT56[ 0[g;L8M DL8ZYL U|L0 5|DF6[ YIFGL RSF;6L

.HFZNFZ[ SZL T[G]\ ZHL:8Z lGEFJJFG]\ ZC[X[P VFJL RSF;6L ;\A\lWT GFIA SFI"5F,S .HG[ZzL4 VG[ DNNGLXqVlWS DNNGLX .HG[ZzLV[

SZJFGL ZC[X[P .HFZNFZ[ SZ[, SFDGL 0[g;L8L 5]Z[5]ZL D?IF AFN H S,LIZg; V5FI VG[ tIFZAFN H ALHF ,[IZGL SFDULZL CFYWZFI T[ HMJFG]\

ZC[X[P sDFPDPlJP 5lZ5+ G\P V[;PV[;PVFZq!_qZ__(q!(q;L4 TFP!#q!_qZ__(4 DFPDPlJP 5lZ5+ G\PV[;PV[;PVFZq!_qZ_!*q5_q;L4

TFPZ)q(qZ_!* TYF TFP!!q)qZ_!*fP

CLAUSE 25 : Deleted.

CLAUSE 26 - Work not to be sublet. Contract may be rescinded and security deposit forfeited for

subletting it without approval or for bribing a public officer or if contractor becomes insolvent: The

contract shall not be assigned or sublet without the written approval of the Engineer-in-charge. And if the

contractor shall assign or sublet his contract or attempt to do so or become insolvent or commence any

proceeding to get himself be adjudicated an insolvent or make any compromisation with his creditors or

attempt to do so, the Engineer-in -charge may, by notice in writing rescind the contract, Also if any bribe,

gratuity, gift, loan, perquisite, reward or advantage, pecuniary or otherwise, shall either directly or

indirectly be given, promised or offered by the contractor, or any of his servants or agents to any public

officer or person in the employ of Government in any way relating to his office or employment, or if any

such officer or person shall become in any way directly or indirectly interested in contract, the Engineer-

in-charge may thereupon by notice in writing rescind the contract. In the event of contract being rescinded,

the security deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of

Government and the same consequence shall ensure as if the contract had been rescinded under clause

hereof and in addition the contractor shall not be entitled to recover or be paid for any work there for

actually performed under the contract.

B\0vZ& o AF\WSFD 5[8F EF0[ G VF5JF AFATP D\H}ZL lJGF 5[8FEF0[ VF5JFYL VYJF ;ZSFZL VlWSFZLG[ ,F\R VF5JF DF8[ VYJF

S\8=FS8Z GFNFZ YI[YL S\8=FS8 ZN YFI VG[ ÔDLG VGFDT H%T YJF AFAT o CJF,FGF .HG[ZGF l,lBT 5ZJFGUL l;JFI S\8=FS8 SM.G[

V[;F.G SZL XSFX[ S[ 5[8FEF0[ VF5L XSFX[ GlC4 VG[ S\8=FS8Z T[DGM S\8=FS8Z V[;F.G SZX[ VYJF 5[8FEF0[ VF5X[ S[ T[D SZJFGM 5|ItG SZX[ S[

GFNFZ AGX[ S[ 5MTFG[ GFNFZ SZFJJF DF8[GL SM. SFI"JFCL SZX[ S[ 5MTFGF ,[6NFZM ;FY[ SM. 5TFJ8 SZX[ S[ T[D SZJFGM 5|ItG SZX[ TM CJF,FGF

.HG[Z l,lBT GM8L; VF5LG[ S\8=FS8 ZN SZL XSX[P J/L S\8=FS8Z S[ T[DGF SM. GMSZ S[ V[Hg8 SM. ;ZSFZL VlWSFZLG[ VYJF ;ZSFZL GMSZLDF\

GF SM. 56 jIlSTG[ T[GF CMNF S[ GMSZLGL ~V[ SM.56 5|SFZGL ,F\R4 Al1F;4 E[84 VG],FE4 .GFD S[ VFlY"S ALÔ SM. 5|SFZGF ,FE 5|tI1F S[

5ZM1F ZLT[ VF5X[4 VF5JFG]\ JRG VF5X[ S[ VF5JFGL T{IFZL ATFJX[ VYJF VFJF SM. VlWSFZL S[ jIlST 5|tI1F S[ 5ZM1F ZLT[ S\8=FS8DF\ lCT

WZFJTF YX[ TM CJF,FGF .HG[Z l,lBT GM8L; VF5LG[ S\8=FS8 ZN SZL XSX[P VFJL ZLT[ S\8=FS8 ZN YTF\ S\8=FS8ZGL ÔDLG VGFDT H%T YI[,

U6FX[4 VG[ T[ ;\5}6"56[ ;ZSFZ C:TS ZC[X[ VG[ VF SZFZGF B\0v# C[9/ Ô6[ S[ S\8=FS8 ZN SZJFDF\ VFjIM CMI T[JF H T[GF 5lZ6FDM VFJX[

VG[ JW]DF\ S\8=FS8 C[9/ BZ[BZ SZ[,F SM. 56 SFD DF8[ SM. ZSD J;}, SZJFG[ S[ R}ST[ ,[JFGM S\8=FS8ZG[ CÞ ZC[X[ GlCP

CLAUSE 27 - Sums payable by way of compensation to be considered as reasonable compensation

without reference to actual loss: All sums payable by a contractor by way of compensation under any of

these conditions shall be considered as a reasonable compensation to be applied to the use of Government

without reference to the actual loss or damage sustained and whether any damage has or had not been

B\0vZ* o BZ[BZ UI[, BM8G[ ,1FDF\ ,LWF l;JFI J/TZ~5[ R}SJJFGL YTL ZSDG[ JFHAL J/TZ U6JF AFAT o BZ[BZ BM8 S[

G]SXFGG[ ,1FDF\ ,LWF l;JFI VG[ SM. G]SXFG YI]\ CMI S[ G YI]\ CMI TM 56 VF XZTMDF\YL SM.56 XZT C[9/ S\8=FS8Z[ J/TZ~5[ R}SJJFGL YTL

TDFD ZSDG[ JFHAL J/TZ U6JFDF\ VFJX[ VG[ T[G[ ;ZSFZ DF8[ p5IMUDF\ ,[JFX[P

CLAUSE 28 - Change in the constitution of firm to be notified: In the case of a tender by partners, any

change in the constitution of a firm shall be forthwith notified by the Contractor to Engineer-in-charge for

his information.

B\0vZ( o 5[-LGF A\WFZ6DF\ SM. O[ZOFZ YI[ T[GL Ô6 SZJF AFATo EFULNFZMV[ 8[g0Z EI]"\ CMI T[ S[;DF\ 5[-LGF A\WFZ6DF\ SM. O[ZOFZ

YTF\ S\8=FS8Z[ CJF,FGF .HG[ZG[ T[DGL Ô6 VY[" T[JF O[Z OFZ V\U[ TZT DFlCTUFZ SZJFGF ZC[X[P

CLAUSE 29 - Works to be under directions of Superintending Engineer : All works to be executed under

the contract shall be executed under the direction and subject to the approval in all respects of

Superintending Engineer of the Circle for the time being, who shall be entitled to direct at what point or

points and in what manner they are to be commenced and from time to time carried on.

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(1) Disputes to be referred to Tribunal: The disputes relating to this contract, so far as they relate to any

of the following matters, Whether such disputes arise during the progress of the work or after the

completion or abandonment thereof, shall be referred to the Arbitration Tribunal, Gujarat State.

(i) The rates of payment under clause 5 for any tools, materials and stores, in or upon the works of the

site thereof or belonging to the contractor or procured by him and intended to be used for execution

of the work or any part thereof possession of which may have been taken by the Engineer-in-charge

under the said clause-5.

(ii) The reduction in rates made by the Engineer-in-charge under clause 9 from the items of works not

accepted as completed fully in accordance with the sanctioned specifications.

(iii) The rate of payment for any class of work which is included in the additional or altered work carried

out by the contractor in accordance with the instructions of the Engineer-in-charge under clause

and the rates for which is to be determined under the said clause

(iv) The rates of payment for materials already purchased or agreed to be purchased by the contractor

before receipt of notice given by the Engineer-in-charge under clause 15, and/or the amount of

compensation payable to the contractor under the said clause for loss in respect of such materials.

(v) The amount of compensation which the contractor shall be liable to pay under clause 17 in the event

of his failure to rectify, remove or reconstruct the work within the period specified in the written

intimation or the amount of expenses incurred by the Engineer-in-charge under the said clause

in rectifying, removing or re-executing the work or in removing and replacing the materials or

articles complained of.

(vi) The reduction of rates as may be fixed by the Engineer-in-charge under clause 17 for the interior

work or materials as accepted or made use of.

(vii) The amount of compensation payable by the contractor for damages as estimated and assessed

(viii) The amount payable to the contractor for the work carried out under clause 33 in accordance with

the instructions and the requirements of the Engineer-in-charge in a case where there are no

specifications.

(2) The provision of Section-21 of the GPW dispute Arbi. Tribunal Act-92 & order issued by the Govt. in

connection with this Act will now apply for Arbitration (As per Government in N. & W.R.D. letter No.

(3) The provision of Arbitration Act., shall in so far as they are inconsistent with the provision of this act

cease of to apply to any dispute arising from a works contract and all arbitration proceedings in relation to

such dispute before an arbitrator, court of authority shall stand transferred to the Tribunal.

(4) The awards declared by the arbitrator should be speaking award, giving reasons and calculations for

every item of claims. The decision will have to be implemented by all the departments of the State

Government and Public Sector Enterprises of Gujarat. (Resolution F. D.

No.PB/1088/735/KT/Sachivalaya/Gandhinagar 5th Octobers 1988.)

(5) Incase of dispute leading to the contractor or Government of Gujarat approaching to Court of Law, It

shall be within the jurisdiction where the site of work is situated.

(6) The reference to arbitration proceeding under this clause shall not:

(i) affect the right of the Engineer-in-charge under clause 5 to take possession of all or any tools

plants, materials and stores in or upon the works of site thereof belonging to the contractor or

procured by him and intended to be used for the execution of the work or any part thereof.

(ii) Preclude the Engineer-in-charge from utilising the materials purchased by the contractor in any

work or from removing such materials to other places, during the period the work is stopped or

suspended in pursuance of notice given to the contractor under clause

(iii) Entitle the contractor to stop the progress of the work or the carrying out the additional or

altered work in accordance with the provisions of clause 14 or as the case may be, of clause

CLAUSE 31 - Deleted.

CLAUSE 32 - Lump sum in estimates: When the estimate on which a tender is made includes lump sum

in respect of part of the work, the contractor shall be entitled to payment in respect of the items of work

involved or the part of the work in question at the same rates as are payable under this contract for such

items, or if the part of the work in question is not in the opinion of the Engineer-in-charge capable of

measurement, the Engineer-in-charge may, as his discretion, pay the lump sum amount entered in the

estimate and the certificate in writing of the Engineer-in-charge shall be final and conclusive against the

contractor with regard to any sum or sums payable to him, under the provisions of this clause.

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CLAUSE 33 - Action where no specifications: In the case of work for which there is no such specification,

such work shall be carried out in accordance with the Divisional Specification and in the event of there

being no Divisional Specifications, then, in such case the work shall be carried out in all respects in

accordance with the instructions and requirements of the Engineer-in-charge.

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CLAUSE 34 - Definition of work: The expression "work" or "works" where used in these conditions shall,

unless, there be something in the subject or context repugnant to such construction be construed to mean

the work, or the works, contracted to be executed under or in virtue of the contract. Whether temporary or

permanent and whether original, altered, substituted or additional.

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CLAUSE 35 - Contractor's percentage whether applied to net or gross amount of the bill: Percentage

referred to in the tender shall be deducted from/added to the gross amount of the bill before deducting the

value of any stock issued. (This clause shall be Applicable only for B-1 tender)

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CLAUSE 36 - Non refund of quarry fees & Royalties:

(I) On receipt of the work order, the contractor will identify the sources of procurement of quarried

construction materials like metal, kapchi, grit, sand etc. and seek the permission of the Engineer-in-

charge. about the sources. The Engineer-in-charge will issue orders approving the sources of

procurement of quarried construction materials. The contractor will there after procure the

materials from approved sources for use in the contract work. The Dy. Executive Engineer will verify

this with reference to the copies of gate passes before recording the measurement of such materials.

(II) The contractor shall pay the royalty to the competent authority/local body as per rules. The

contractor shall furnish quarterly the statement showing quantity of quarried materials, from whom

purchased (with full address of the seller) and copies of bills for purchase to the District Officer of

the Mining and Geology Department or authority competent to levy royalty in the area of work.

Contractor shall also furnish such additional information as regards royalty payment to the Royalty

authority. The royalty charges paid shall be borne by the Contractor and shall not be reimbursed by

the Executive Engineer (M) (Authority:- R & BD Circular No.TNC-2286-UO-39 (19)-C, dated 23-10-

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CLAUSE 37 - Compensation Under the workmen's compensation Act : The contractor shall be

responsible for and shall pay compensation to his workman payable under the Workmen's Compensation

Act.1923 (VIII of 1923) hereinafter called the said Act) for-injuries caused to the workmen, If such

compensation is paid by Government as principal under sub section 12(1) of the said Act on behalf of the

Contractor it shall be recoverable by Government from the contractor und sub-section 12 (2) of the said

section. Such compensation shall be recovered in the manner laid down in clause 1 above.

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CLAUSE 37A : The contractor shall be responsible for and shall pay the expenses of providing medical aid

to any workmen who may suffer a bodily injury as a result of an accident. It such expenses are incurred by

Government, the same shall be recoverable from the contractor for with and be deducted, without prejudice

to any other remedy of Government from amount due or that may become due to the Contractor.

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CLAUSE 37B : The contractor shall provide all necessary personal safety equipment and first aid apparatus

available for the use of the person employed on the site and shall maintain the same in suitable condition

for immediate use at any time and shall comply with the following regulations in connection therewith:

(a) The workers shall be required to use the equipment so provide by the Contractor and Contractor shall

take adequate steps to ensure proper use of the equipment by those concerned.

(b) When work is carried on in approximity to any place where there is a risk of drowning all necessary

equipment shall be provided and kept for use and all necessary steps shall be taken for the prompt

rescue of any person, in danger.

(c) Adequate provision shall be made for prompt first aid treatment of all injuries to be sustained during

the course of the work.

CLAUSE 38 : The quantities shown in the tender are approximate and no claim shall be entertained for

quantities of work executed being less than those entered in the tender. In the case of increase in the

quantities by more than 10% the new rate will be paid to the contractor for the quantities in excess of 10%.

The rates for the increased quantities as aforesaid will be fixed in the manner specified in Clause-14..2

(Corrected as per R&B G.R.No TNC-10-2017-01-C,dt 11-07-2017)

CLAUSE 39 : Employment of famine or other labour: The contractor shall employ any famine, convict or

other labour or particular kind or class, if ordered in writing to do so by the Engineer-in-charge.

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CLAUSE 40 : No compensation shall be allowed for any delay caused in the starting of the work on account

of delay in making available the full site of land at a time.

CLAUSE 41 : No claim for compensation shall be allowed for any delay in execution of the work on account

of water standing in borrow pits or compartment. The rates are inclusive of hard or cracked soil, excavation

in mud, sub soil water or water standing in borrow-pits and no claim for an extra rate shall be entertained

unless otherwise expressly specified.

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CLAUSE 42 : Entering upon or commencing any portion or work: The Contractor shall not enter upon or

commence any portion or work except with the written authority and instruction of the Engineer- in-charge

or of his subordinate in charge of the work. Failing such authority, the Contractor shall have no claim to ask

measurement of or payment for work.

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CLAUSE 43 : Minimum age of person employed : (I) No Contractor shall employ any person who is under

the age of 15 years.

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CLAUSE 43 (I) (A) - The employment of donkeys and / or other animals and the payment of fair

wages : For Asphalt work(s) as far as possible, only the adult persons should be employed by the

contractor. If the adult persons are not available, then the children below the age of 15 (Fifteen years)

should not be employed under any circumstance.

(ii) No contractor shall employ donkeys or other animals with breaching of string or thin rope. The

breaching must be at least three inches wide and should be of tape. (Nawar).

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(iii) No animal suffering from sores, lameness or emaciation or which is immature shall be employed on

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(iv) The Engineer-in-charge or his agent is authorized to remove from the work any person or animal

found working which does not satisfy these conditions and no responsibility shall be accepted by

Government for any delay caused in the completion work by such removal.

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(v) The contractor shall pay fair and reasonable wages to the workman employed by him in the contract

undertaken by him. In the event of any dispute arising between the Contractor and his workmen on

the grounds that the wages paid are not fair and reasonable, the dispute shall be referred without

delay to the Engineer-in-charge who shall decide the same. The decision of the Engineer-in-charge

shall be conclusive and binding on the Contractor, but such decision shall not in any way affect the

conditions in the contract regarding the payment to be made by Government at the sanctioned

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(vi) The contractor shall provide drinking water facilities to the workers / labourers employed on

Government works. Amenities relating to sanitation shall also be provided to the workers/labourers

employed on works (in urban areas). If the contractor fails to comply with these provisions, the

Engineer-in-charge shall give notice in writing and if the contractor does not provide this facility to

the workers/labourers within a period of ten days from the date of the notice in writing, the

Engineer-in-charge shall thereupon make the arrangement for drinking water at the cost of the

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(vii) The contractor shall provide the amenity of proper shade and shelter to the workers/labourers and

their children on Government works as soon as the work starts. If the contractor fails to provide

shed and shelter, the Engineer-in-charge shall provide the same at the cost of contractor.

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CLAUSE 44 - Method of payment : Payment to contractor shall be made by cheque drawn on any treasury

within the division convenient to them, provided the amount exceeds Rs. 10 Amount not exceeding Rs.

will be paid in cash.

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CLAUSE 44-A : Any sum of money due and payable to the Contractor (including the security deposit

returnable to the contractor) executing any Government work or work of any District Panchayat wholly

financed as grant-in-aid under this contract shall be appropriated by any District Panchayat / Government

and shall be set off against any claim of the Government/District Panchayat of Gujarat state by the District

Panchayat of Gujarat State/Government for the payment of a sum of money arising out or under any other

contract made by the contractor with the Government/District Panchayat of Gujarat State for the work

wholly financed as grant-in-aid by Government of Gujarat State. When no such amount for purpose of the

recovery from the contractor against any claim of the Government/District Panchayat of Gujarat state is

available, such a recovery shall be made from the contractor as arrears of land revenue.

CLAUSE 45 : Deleted.

CLAUSE 46 - Employment of scarcity labour : If Government declares a state of scarcity or famine to exist

in any village situated within 16 kilometers of the work, the Contractor shall employ upon such parts of the

work, as are suitable for unskilled labour any person certified to him by the Engineer-in-charge or by any

persons to whom, the Engineer-in-charge may have delegated this duty in writing to be in need of relief

and shall be bound to pay to such persons, wages not below the minimum which Government may have

fixed in this behalf. Any disputes which may arise in connection with the implementation of this clause shall

be decided by the Engineer-in-charge whose decision shall be final and binding on the contractor.

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CLAUSE 47 : Deleted.

CLAUSE 48 : The rates to be quoted by the Contractor must be inclusive of all taxes prevailing on due date

of bid submission. 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

has to intimate Engineer in charge regarding changes occurred in the tax structure after bid submission. If

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.

The contractor shall apply fair means of stock maintenance and shall adopt accounting standards as may

be prescribed under GST. For arriving at the difference in procurement prices due to introduction of GST,

it will be open for the Government to ask for original invoices, LR weigh bridge slips, payment details and

such other documents as may be required for the purpose. If there is reduction in overall tax burden then

proportional benefit of that shall be passed on to the Government. (TNC-10-2017-01-C Dt.29-8-2017)

CLAUSE 49 : The Contractor should, as far as possible, obtain his requirement of labourers skilled and

unskilled, from the nearest Employment Exchange so as to utilise the local employment potential. If there

are no local Employment Exchange or such Exchanges are not able to provide the required labour locally,

suitable labourers should be utilised to the maximum extent possible.

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CLAUSE 50 - Fair Wages : If a Contractor fails to pay within '7' (Seven) days to the labourer(s)/worker(s)

the minimum wages prescribed by the Government under the Minimum Wages Act, 1948 as in force from

time to time, the Engineer-in-charge shall be at liberty to deduct the amount payable to the

labourer/workers from his (Contractors') bills or deposit(s) payable by the Contractor after making due

inquiries and establishing the claim(s) of the labourer(s)/worker(s).

The Contractor shall not be entitled to any payment of compensation on account of any loss that the

Contractor may have to incur on account of the action as aforesaid. Before the action as aforesaid, is

enforced, a notice in writing to the Contractor shall be issued by the Engineer-in-charge to pay the wages

as per Minimum Wages Act in force at the relevant time. If Contractor does not act as afore said within

seven days, then the action contemplated as above shall be taken against him.

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CLAUSE 51 : Deleted.

CLAUSE 52 - List of Machinery : The contractors shall also give a list of machineries in his possession and

which they propose to use on the work.

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(i) In case, the roller deployed by Department for the use on contract work is kept idle by the contractor

for want of adequate labour and materials, the contractor will have to pay rental charges as per

prevailing rules even though the items of rolling and watering are to be carried out by the department.

(ii) If the contractor does not plan his programme so as to suit the requirement of the Department, the

proportionate rental charges on roller shall be recovered from the contractor.

CLAUSE 54 - Local labour on normal rates : The contractor shall have to engage local labour and person

seeking employment where available on normal rate.

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CLAUSE 55 : Rent will be recovered from the contractor for the land given to them for stacking materials

as well as for construction of temporary hutments etc.

Land measuring Charges

1. One hectare or less Rs. 5 per Month

2. More than 1 hectare & upto 2 hectares Rs. 10 per Month

3. More than 2 hectare & upto 3 hectares Rs. 15 per Month

4. More than 3 hectare & upto 4 hectares Rs. 20 per Month

CLAUSE 56 : The contractor shall employ only such labour who shall produce a valid certificate of having

been vaccinated against small -pox within a period of last three years.

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1. Huts : The contractor shall build sufficient number of huts on a suitable plot of land for the use of the

laborers according to the following specifications:

(1) Huts of bamboos and grass may be constructed.

(2) A good site shall be selected. High ground removed from jungle but well provided with trees shall be

chosen wherever it is available. The neighborhood of rank jungle, grass or weeds should particularly

be avoided. Camps should not be established close to large cuttings of earth-work.

(3) The lines of huts shall have open spaces of at least 10 m. between rows. When a good natural site

cannot be procured, particular attention should be given to the drainage.