Clearing the Vegitation growth on earthen Dam and Dam Colony of Chopadvav Irrigation Scheme.

NAME OF WORK :- Clearing the Vegitation growth on earthen Dam and Dam

Colony of Chopadvav Irrigation Scheme

GOVERNMENT OF GUJARAT

NARMADA, WATER RESOURCES, WATER SUPPLY

& KALPSAR DEPARTMENT

OFFICE OF THE SUPERINTENDING ENGINEER

UKAI CIRCLE (CIVIL), UKAI

TALUKA-SONGADH, DIST. TAPI,

Sign. of the Contractor Sign. of the Executive Engineer

This is a generic SBD to be used for Civil works. Each user/concern departmentneeds to examine

and put up their particular bidding requirement like; qualification criteria, contract Data etc.,

marked at [#] while finalizing their own bidding process.

SrN Section Description PageNo

1 Invitation for Bid(IFB)

2 Section-1 Instructions to Bidders

3 Section-2 Qualification Information

4 Section-3 Conditions of Contract

5 Section-4 Contract Data

6 Volume - II Section-5 Technical Specification

7 Volume – III Section-6 Form of Bid

8 Section-7 Bill of Quantities

9 Section-8 Securities and Other Forms

10 Volume – IV Section-9 Drawings

11 Volume – V Section-10 Documents to be furnished by Bidder

Sign. of the Contractor Sign. of the Executive Engineer

INVITATION FOR BID

Sign. of the Contractor Sign. of the Executive Engineer

NATIONAL COMPETITIVE BIDDING

1. The Executive Engineer, Ver-2 Project Division, Vyara invites bids for the construction

of works detailed in the table.

The bidders may submit bids for any or all of the following works.

Package Name of work Approximate Bid Cost of Period of # Class of

No. Value of works security document completion Registration /

(Rs.) (Rs.)1% Tender Category of

Fee contractor if

earthen dam E-2 Class

and dam colony and Above

2. Prospective / Interested bidder may download the Bid Documents from website

https://www.nprocure.com free of cost till the Time and Date as mentioned on online

NIT at website https://www.nprocure.com.

3. However, Bidder who is submitting the Bid Online will have to pay the Bid

Document Fee /Tender Fee through Demand Draft only of any Schedule Bank

payable at Ver-2 Project Division,Vyara. and in favour of ‘Executive Engineer, Ver-

2 Project Division,Vyara’. Once the Bid is received online, Bid Document / Tender

Fee will not be refundable.

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

against Bid Security shall be submitted in electronic format through online (by

scanning)while uploading the bid, this submission shall mean that bid document /

tender fee and Bid Security has been received. Accordingly, the offer of only those

shallbe opened whose Bid Document / Tender Fee and Bid Security have been

received electronically. However, for the purpose of realization of Demand Draft,

and FDR / Bank Guarantee bidder shall send the same in original through R.P.A.D.

so as to reach to #‘Executive Engineer, Ver-2 Project Division, Vyara within 7 Days

from the last day of bid submission. Penaltative action for not submitting Demand

Draft / FDR / Bank Guarantee in original to Executive Engineer / Tender Inviting

Authority by bidder shall be initiated.

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

Sign. of the Contractor Sign. of the Executive Engineer

online NIT at website https://www.nprocure.com in the presence of the bidders or

their authorized representatives, who wish to remain present.

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

bids will be opened on the next working day at the same time and venue.

5. A prebid meeting will be held on //2024 at12:00hrs.atthe office of The

Superintending Engineer, Ukai Circle(Civil),Ukaito clarify the issues and to answer

questions on anymatter

thatmayberaisedatthatstageasstatedinclause9.2of‘instructionsto Bidders’ of the

bidding documents.

6. #Bid Security is equal to 1% of Estimated Amount put to bid / tender and should be

rounded off to the next thousand rupees.

7. Other Information is as under:

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

tender submission date and time. After the tender submission date and time, the

bidder cannot modify / edit / withdraw their submitted offer in any case. No written

or online request in this regard shall be granted.

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

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

date of submission of Bids, will not be considered or accepted.

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

discussion, conferences or site visits will not be reimbursed by the Employer

or Engineer-in-Charge.

E. Conditional tender shall not be accepted.

F. Any changes, addition, alternation made in the prescribed form attached with

tender are liable to be rejected.

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

and the bidder will be considered non-responsive.

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

the format given in the checklist /qualification document / tender document.

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

strictly in electronic format at appropriate places only.

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

result in disqualification.

Sign. of the Contractor Sign. of the Executive Engineer

K. Even if the bidder has been qualified in a similar or larger size of project in

the past, it shall not be deemed to be aground/reason for not giving required

information for this work / bid.

L. Information supplied for earlier projects shall not be considered while

evaluation of this bid. The Government will not ask for any other

information, unless it is found absolutely necessary by the competent

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

#For the works costing up to Rs. 7.5 crore (WRD Works), R s . 7.0 crore (ROAD/

BRIDGE/ BUILDING WORKS), Rs. 0.5 Crore (Electrical Works) kindly refer to

GoG NWRWS & K Department’s Circular No. Paracha/1097/1397(11)/pa.fa./

MICELL(k-1) dated 18/01/2018 and Dated 30/09/2022

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

Building and Bridge Works following documents shall be submitted in

electronic format only through online by scanning and the (i) Bid Document

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

opening authority through RPAD, so as to reach the Executive Engineer

within 7 days from last day of submission of Bid.

(i) Bid Document Fee/Tender Fee

(ii) Bid Security or Valid Bid Security Exemption Certificate of

Appropriate Class of Registration of Approved Contractors

(iii) Registration Certificate of Appropriate Class- “E-2” Class and above

(iv) GST Number

Sign. of the Contractor Sign. of the Executive Engineer

INSTRUCTIONS TO BIDDERS

Sign. of the Contractor Sign. of the Executive Engineer

Section1: Instructions to Bidders

Table of Clauses

Page No. Page No.

A.General D. Submission of Bids

1. Scope of Bid 9 19. Sealing & Marking of Bids

2. Source of Funds 9 20. Deadline for Submission of

3. Eligible Bidders 9 21. Late Bids

4. Qualification of the 9 22. Modification and

Bidder Withdrawal of Bids

5. One Bid per Bidder

6. Cost of Bidding 14 E.Bid Opening and Evaluation

7. Site Visit 15 23. Bid Opening

B.Bidding Documents 25. Clarification of Financial

8. Content of Bidding 16 26. Examination of Bids and

Documents Determination of

9. Clarification of Bidding 16 27. Correction of Errors

10. Amendment of Bidding 17 28. Deleted

29. Evaluation and Comparison

Of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

12. Documents Comprising 18 F. Award of Contract

13. Bid Prices 19 31. Award Criteria

14. Currencies of Bid and 19 32. Employer’s Right to Accept

Payment Any Bid and to Reject any

15. Bid Validity 19 33. Notification of Award and

Signing of Agreement

16. Bid Security 19 34. Performance Security

17. Alternative Proposals By 21 35. Advance Payment and

Bidders Security

18. Format and Signing of Bid 21 36. Dispute Review Expert

37. Corrector Fraudulent

Sign. of the Contractor Sign. of the Executive Engineer

1. Scope of Bid

1.1 The Executive Engineer, Ver-2 Project Division, Vyara invites bids for

“ Clearing the Vegitation growth on earthen dam and dam colony of

Chopadvav Irrigation Scheme” detailed in the table given in IFB. The

bidders may submit bids for any or all of the works detailed in the table given

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

completion date specified in the Contract data.

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

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

2. Source of Funds

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

/Govt. of India for centrally sponsored projects.

3. Eligible Bidders

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

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

Information, a statement that the Bidder is neither associated, nor has been

associated, directly or indirectly, with the consultant or any other entity that

has prepared the design, specifications, and other documents for the Project or

being proposed as Project Manager for the Contract. A firm that has been

engaged by the Employer to provide consulting services for the preparation or

supervision of the works, and any of its affiliates, shall not be eligible to bid.

4. Qualification of the Bidder

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

Information, a preliminary description of the proposed work method and

schedule, including drawings and charts, as necessary. The proposed

methodology should include a program of construction backed with equipment

planning and deployment duly supported with broad calculations and quality

assurance procedures proposed to be adopted justifying their capability of

execution and completion of work as per technical specifications, within

stipulated period of completion.

Sign. of the Contractor Sign. of the Executive Engineer

#4.5 QUALIFICATIONCRITERIA:

(Applicable for the works which require Pre Qualification) As Per GoG

NWRWS & K Department’s Circular No.

Paracha/1097/1397(11)/pa.fa./MICELL(k-1) Dated 18/01/2018

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

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

personnel and equipment capabilities and financial positions, as demonstrated

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

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

Subcontractors experience and resources shall not be taken in to account in

determining the applicants compliance with the qualifying criteria To qualify

for more than one contract, the applicant must demonstrate having experience

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

each contract given in paragraphs 4.5.4, 4.5.5 and 4.5.9 below

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

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

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

Year Financial Year Multiplying

Base year of inviting 2025-26

Applicant should indicate actual figures of costs and amount for the

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

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

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

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

the last date of submission of the bid) will be applied for the purpose of

conversion of the amount in foreign currency into India rupees.

Sign. of the Contractor Sign. of the Executive Engineer

4.5.3. General Experience.

The Applicant shall meet with the following minimum criteria:

(a) Achieved a minimum annual financial turnover of Rs. for works in

progress and completed in all classes of civil engineering construction

works in any one year, over the last five financial years.

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

one contract of Similar work means Construction of checkdam of at least

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

The works may have been executed by the applicant as prime

contractor or as a member of a joint venture or as a nominated sub-

contractor. As subcontractor, he should have acquired the experience of

execution of all major items of works under the proposed contract. In case

a project has been executed by a joint venture, weight towards experience

of the project would be given toN.A.

each joint venture in proportion to their

financial participation in theE.E.joint venture if workexecuted jointly

otherwise as per the scope of work define in Joint Ventureagreement.

Substantially completed works means those works which are at least

90 % completed as on the date of submission (i.e. gross value of work

done up to the last date of submission is 90 % or more of the original

contract price) and continuing satisfactorily.

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

with the application incorporating clearly the name of the work, contract

value, billing amount, date of commencement of works, satisfactory

performance of the contractor and any other relevant information.

(the experience certificate should be signed by the officer not below the

rank of Executive Engineer)

(c) Contractor should have completed 60% of quantity of principal items of

work like concrete, excavation/earthwork,Gabion etc. within last five

finical years. Certificate of competent authority of work done with detail

shall be produced.

4.5.4. Personnel Capabilities.

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

4.5.5. Equipment Capabilities

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

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

construction schedule are shown in the Appendix

Sign. of the Contractor Sign. of the Executive Engineer

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

with their bid, a detailed construction planning and methodology supported

with layout and necessary drawings and calculations to allow the employer to

review their proposals. The numbers, types and capacities of each

plant/equipment shall be shown in the proposals along with the cycle time for

each operation for the given production capacity to match the requirements.

4.5.6. Financial Position

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

liquid assets (aggregate of working capital, cash in hand and uncommitted

bank guarantees) and / or credit facilities up to 25 percent of the value of the

contract / contracts applied.

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

must demonstrate the soundness of the applicant’s financial position, showing

long – term profitability including an estimated financial projection for the

next two years If necessary, the employer will make inquiries with the

applicant’s bankers.

4.5.8. Litigation History

The Applicant should provide accurate information on any litigation or

arbitration resulting from contracts completed or under execution by him over

the last five years. A consistent history of awards against the Applicant or any

partner of a joint venture may result in failure of the applicant.

4.5.9.Disqualification

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

disqualified if they have:

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

and / or Record of poor performance such as abandoning the work, rescinding

of contract for which the reasons are attributable to the non – performance of

the contractor; consistent history of litigation awarded against the applicant or

financial failure due to bankruptcy. The rescinding of contract of a joint

venture on account of reasons other than non – performance, such as Most

Experienced partner of joint venture pulling out, court directions leading to

breaking up of a joint venture before the start of work, which are not

attributable to the poor performance of the contractor will, however, not affect

the qualification of the individual partners.

4.5.10.The bidder who have applied for corporate Debt Restructuring (CDR) / facing

recovery proceedings from financial institutions / facing winding up processing

/ those under BIFR in the last 5 financial year shall be considered for bid

qualification. However if the bank / financial institution has accepted the

proposal of debt restructuring on or before the last date of online submission,

Sign. of the Contractor Sign. of the Executive Engineer

the same shall be considered for further evaluation. An affidavit by bidder along

with certificate from bank must be produced in such cases. In case of Joint

Venture agreement, this provision shall be applicable for both lead partner and

#4.6 JOINT VENTURE: (Maximum 3 Members i.e. 1 Lead &

(Applicableonlyforestimatedprojectcostof50Croreandabove)

4.6.1. Jointventuresmustcomplywiththefollowingrequirement:

(a) Followingaretheminimumqualificationrequirements:

(i) Theleadpartnershallmeetnotlessthan50percentofallcriteriagiveninpara

4.5.3&4.5.6above.Thejointventuremustcollectivelysatisfythecriteriaofpara

4.5.3&4.5.6above.Theexperienceoftheotherjointventurepartnersshallbe

consideredifitisnotlessthan30percentofthequalifyingcriteriainpara4.5.3&

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

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

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

the joint and several liabilities with respect to the contract.

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

partnersindividually or as a partner in any other joint venture. In case

dissolution of a joint venture, each one of the constituent firms may qualify if

they meet all the qualification requirements, subject to the written approval of

4.7. Bid Capacity.

Applicants who meet the minimum qualification criteria will be qualified only

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

total estimated cost of the works. The available bid capacity will be calculated

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

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

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

account the completed as well as works in Progress.

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

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

bids are invited); and

Sign. of the Contractor Sign. of the Executive Engineer

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

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

for each partner to the extent of his proposed participation in the

execution of the work.

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

subject to be disqualified if they have:

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

Attachments the submitted in proof the qualification requirements; and /

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

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

or financial failures etc.; and/ or

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

unreasonably high bid prices and could not furnish rational justification to

5. One bid per bidder

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

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

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

with the bidder’s participation to be disqualified.

6. Cost of Bidding

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

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

Sign. of the Contractor Sign. of the Executive Engineer

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

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

may be necessary for preparing the Bid and entering into a contract for

construction of the Works. The costs of visiting the site shall be at the Bidder’s

Sign. of the Contractor Sign. of the Executive Engineer

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

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

addenda issued in accordance with Clause 10:

Sectio Particular Volume

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

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

by the bidder in compliance to section 2 will be prepared by him and furnished

as Volume- V in two parts (refer clause 12).

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

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

forms, Annexes and drawings in the Bid Document. Failure to comply with the

requirements of Bid Documents shall be at the bidder’s own risk. Pursuant to

clause 26 hereof, bids which are not substantially responsive to the

requirements of the Bid Documents shall be rejected.

9. Clarification Bidding Documents

9.1 A prospective bidder requiring any clarification of the bidding documents

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

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

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

deadline for submission of bids. Employer’s response will be published on

website including a description of the enquiry but without identifying its

Sign. of the Contractor Sign. of the Executive Engineer

9.2. Pre-bid meeting (Not applicable)

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

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

9.2.2. The purpose ofthe meetingwill be to clarify issues andto answerquestions on

any matter that may be raised at that stage.

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

reach the Employer not later than 03 days before the meeting.

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

thesource of enquiry) and the responses given will be published without

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

the biddingdocuments listed in sub-Clause 8.1 which may become necessary

as a result of the pre-

bidmeetingshallbemadebytheEmployerexclusivelythroughtheissueofan

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

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

10. Amendment of Bidding Documents

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

bidding documents by issuing addenda.

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

Employer will assume no responsibility for the same.

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

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

extend as necessary the deadline for submission of bids, in accordance with

Sub-Clause 20.2 below.

Sign. of the Contractor Sign. of the Executive Engineer

C. PREPARATIONOFBIDS

11. Language of the Bid

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

12. Documents Comprising the Bid

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

Clause8.1) shall be in two separate parts:

Part I shall be named “Technical Bid” and shall comprise

(i) Bid Security in the form specified in Section8

(ii) Qualification Information and supporting documents as specified in

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

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

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

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

(i) Form of Bid as specified inSection6

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

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

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

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

Section Particulars Volume No.

Invitation for Bids(IFB)

1 Instruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

Sign. of the Contractor Sign. of the Executive Engineer

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

based on the priced Bill of Quantities submitted by the Bidder.

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

words) for all items of the Works described in the Bill of Quantities along with

total bid price (Both in figures and words). Items for which no rate or price is

entered by the bidder will not be paid for by the Bill of Quantities.

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

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

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

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

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

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

14. Currencies of Bid and Payment

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

Rupees. All payments shall be made in Indian Rupees.

15. Bid Validity

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

date forbid submission specified in Clause

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

Employer may request that the bidders may extend the period of validity for a

specified period. A bidder may refuse the request without forfeiting his bid

security. A bidder agreeing to the request will not be required or permitted to

modify his bid, but will be required to extend the validity of his security for a

period of the extension, and in compliance with Clause 16 in all respects.

#16. Bid Security

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

shown in column 4 of the table of IFB for this particular work. This Bid

security shall be in favor of Executive Engineer, Ver-2 Project Division,Vyara

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

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

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

Sign. of the Contractor Sign. of the Executive Engineer

Amount of 01 Crore and above) and Bank Guarantee of Schedule and

Private Banks shall be considered as per GoG Finance Department’s

Circular No. FD/MSM/e- file/4/2023/0057/D.M.O. Date 21/04/2023 or

as per their latest amendment.

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

Bank approved by the Reserve Bank of India.

# A Valid Bid Security Exemption Certificate issued by (1) Road &

Building Department or (2) Narmada Water Resources, Water Supply

and Kalpsar Department of Govt of Gujarat. Exemption Certificate is

applicable only when Registration Certificate of Appropriate Class

and Category of Approved Contractors is required as eligible

criteria of bidder.

16.2. Bank guarantees (and other instruments having fixed validity) issued as

surety for the bid shall be valid for 1 (one) Month beyond the validity of the

bid i.e. total validity of 120+45 = 165 Days

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

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

Employer as non-responsive.

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

the end of the bid validity period specified in Sub-Clause

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

signed the Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

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

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

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

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

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

be intimated maximum three times within the validity period for

negotiation, If contractor does not respond in time, his Bid Security

will be forfeited and his tender will be rejected. Punitive action will be

Sign. of the Contractor Sign. of the Executive Engineer

taken on such contractors. (As per GoG R&B Dept’s Gr. No.

17. Alternative Proposals by Bidders.

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

bidding documents, including the conditions of contract (including

mobilization advance or time for completion), basic technical design as

indicated in the drawing and specifications. Conditional offers or alternative

offers will not be considered further in the process of tender evaluation.

18. Format and Signing of Bid

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

12 of these Instructions to bidder as the “Technical Bid “and “Financial Bid”

in separate parts to be uploaded.

Sign. of the Contractor Sign. of the Executive Engineer

D. SUBMISSIONOFBIDS

20. Deadline for Submission of the Bids

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

specified above not later than the date indicated in appendix.

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

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

obligation of the Employer and the bidders previously subject to the original

deadline will then be subject to the new deadline.

22. Modification and Withdrawal of Bids

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

prescribed in Clause 20 or pursuant to Clause

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

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

bid sand the expiration of the original period of bid validity specified in

Clause 15.1above or as extended pursuant to Clause 15.2 may result in the

forfeiture of the Bid security pursuant to Clause

Sign. of the Contractor Sign. of the Executive Engineer

E. Bid Opening and Evaluations

23. Bid Opening

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

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

who choose to attend at time, date and the place specified in Appendix in the

manner specified in Clauses 20 and 23.3, In the event of the specified date of

Bid opening being declared a holiday for the Employer, the Bids will be

opened at the appointed time and location on the next working day.

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

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

furnished does not conform to the amount and validity period as specified in

the invitation for bid (ref. Column 4 and paragraph 3), and has not been

furnished in the form specified in Clause 16, the technical bid will not be

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

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

respect to the Qualification information and other information furnished

in part I of the bid pursuant to Clause 12.1.

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

Documents with respect to any required clarification.

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

clarification letter.

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

the Evaluation Committee will finalize the list of responsive bidders

whose financial bids are eligible for consideration.

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

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

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

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

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

Employer may consider appropriate, will be announced by the Employer at

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

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

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

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

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

Employer may consider appropriate, will be announced by the Employer at

Sign. of the Contractor Sign. of the Executive Engineer

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

the “Financial Bid” shall be in order of Estimated amount of Bids from highest

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

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

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

comparison of Bids and recommendations for the award of a contract shall not

be disclosed to Bidders or any other persons not officially concerned with such

process until the award to the successful Bidder has been announced. Any

effort by Bidder to influence the Employer’s processing of Bids or award

decisions may result in the rejection of his Bid.

25. Clarification of Financial Bids

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

Employer may, at his discretion, ask any Bidder for clarification of his Bid,

including breakdowns of unit rates. The request for clarification and the

response shall be in writing or by e- mail, but no change in the price or

substances of the Bid shall be sought, offered, or permitted except as required

to confirm the correction of arithmetic errors discovered by the Employer in

the evaluation of the Bids.

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

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

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

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

evaluation, bid comparison or contract award decision may result in the

rejection of the Bidders’ bid.

26. Examinations of Bids and Determination of Responsiveness

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

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

(b) has been properly signed; (c) is accompanied by the required securities and;

(d) is substantially responsive to the requirements of the Bidding document.

During the detailed evaluation of the “Financial Bid”, the responsiveness of

the bids will be further determined with respect to the remaining bid

conditions, i.e., priced bill of quantities, technical specifications, and drawings.

Sign. of the Contractor Sign. of the Executive Engineer

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

conditions and specifications of bidding documents, without material deviation

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

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

limits in any substantial way, inconsistent with the Bidding documents, the

Employer’s rights or the Bidder’s obligations under the Contract; or (c) whose

rectification would affect unfairly the competitive position of other Bidders

presenting substantially responsive Bids.

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

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

withdrawal of the non-conforming deviation or reservation.

29. Evaluation and Comparison of Financial Bids

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

substantially responsive in accordance with Sub-Clause 26.2.

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

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

requirements of the Bidding documents or otherwise result in unsolicited

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

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

Conditions of Contact, during the period of implementation of the Contract,

will not be taken in to account in Bid evaluation.

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

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

Employer may require the Bidder to produce detailed consistency of those

prices with the construction methods and schedule proposed. After evaluation

of the price analyses, the Employer may require that the amount of the

performance security set forth in Clause 34 be increased at the expense of the

successful /bidder to a level sufficient to protect the Employer against financial

loss in the event of default of the successful Bidder under the Contract.

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

unrealistically priced low and which cannot be substantiated satisfactorily by

the bidder may be rejected as non-responsive.

Sign. of the Contractor Sign. of the Executive Engineer

F. AWARD OF CONTRACT

31. Award Criteria

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

whose Bid has been determined.

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

offered the lowest evaluated Bid Price; and

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

price which is the lowest evaluation in any of the packages opened

earlier than the one consideration.

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

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

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

lowest bidder at his evaluation bid price.

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

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

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

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

bidder or Bidder or any obligation to inform the affected Bidder or Bidders of

the grounds for the Employer’s action.

33. Notification of Award and Signing of Agreement

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

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

facsimile confirmed by registered letter. This letter (hereinafter and in the

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

the Employer will pay the Contract or in consideration of the execution,

completion, and maintenance of the Works by the Contractor as prescribed by

the Contract (hereinafter and in the Contract called the “Contract Price”).

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

only to the furnishing of a performance security in accordance with the

provisions of Clause.

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

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

Bidder, within 28 days following the notification of award along with the

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

sign the Agreement and deliver it to the Employer.

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

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

Sign. of the Contractor Sign. of the Executive Engineer

34. Performance Security

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

Bidder shall furnish to the Employer an irrevocable and unconditional

guarantee from a Bank in the form set forth in Section 8 (the “Performance

Security”) for an amount equal to 5% (five percent) of its Contract Price.

In case of bids mentioned below, the successful Bidder, along with the

Performance Security, shall also furnish to the Authority an irrevocable

and unconditional guarantee from a Bank in the same form given at Section

8 towards an Additional Performance Security (The “Additional

Performance Security”) for an amount calculated as under:

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

10% but up to 20% of the Estimated Project Cost, then the

Additional Performance Security shall be calculated @ 20% of the

difference in the (i) Estimated Project Cost (as mentioned in Bid

Document) - Minus 10% of the Estimated Project Cost and (ii)

Contract Price offered by the selected Bidder.

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

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

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

Estimated Project Cost (as mentioned in Bid Document) - Minus

10% of the Estimated Project Cost and (ii) Contract Price offered by

the selected Bidder.

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

Performance Security.

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

Defects Liability Period and the Additional Performance Security shall

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

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

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

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

and acceptable to the Employer. As per GoG Finance Department’s Circular

No. FD/MSM/e-file/4/2023/0057/D.M.O. Date 21/04/2023 or as per their

latest amendment.

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

Clause 34.1 shall constitute sufficient grounds for cancellation of the award

and forfeiture of the Bid Security.

35 Advance Payment and Security

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

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

stated in the Contract Data.

Sign. of the Contractor Sign. of the Executive Engineer

37. Corrupt of Fraudulent Practices

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

recommended for award has engaged in corrupt or fraudulent practices in

completing for the contract in question and will declare the firm ineligible,

either indefinitely or for a stated period of time, to be awarded a contract with

National Highways Authority of India/ State PWD and any other agencies, if

it at any time determines that the firm has engaged in corrupt or fraudulent

practices in completing for the contractor, or in execution.

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

59.2 of the Conditions of Contract.

Sign. of the Contractor Sign. of the Executive Engineer

APPENDIX TO ITB

Clause Reference With

respect to Section –I

1. The Name of the Employer is Executive Engineer, Ver-2 Project [Cl.1.1]

Division ,Vyara

2. The last five years.

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

4. Value of Work is Rs.

6. The cost of electric work is Rs.-Nil

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

8. Liquid asset sand or availability of credit facilities is [Cl.4.5.6]

9. Price level of the financial year 2025-26 . [Cl. 4.5.2]

10. The pre-bid meeting will take place at– N.A. [Cl. 9.2.1]

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

Engineer, Ver-2 Project Division,Vyara,Dist-Tapi, Surat-Dhulia

Road,Opposite of Judge Bunglow. Dt …../……/25 at

12. Address of the Employer: Executive Engineer, Ver-2 Project

Division,Vyara,Dist-Tapi, Surat-Dhulia Road,Opposite of Judge

14. The bid should be submitted latest by As stated on [Cl.20.1&20

15. The bid will be opened at Executive Engineer, Ver-2 Project [Cl.23.1]

Division,Vyara,Dist-Tapi, Surat-Dhulia Road,Opposite of

Judge Bunglow..As stated on online NIT

16. The Bank Draft in favor of Executive Engineer, Ver-2 Project

Division, Vyara.

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

figure to a common base value) for works completed

Year Financial Year Enhancement factor

Base (year of inviting tender) 2025-26

Sign. of the Contractor Sign. of the Executive Engineer

#LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON

[ReferenceCL.4.5.5]

Thecontractorsshallalsogivealistofmachineriesinhispossessionandwhichthey

propose to use on the work.

Sr. Plant or Location Age of Make Capacit Approximate Remark

No. Machinery Machinery y Value

Sign. of the Contractor Sign. of the Executive Engineer

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

#Employmentofa qualified site Engineer by the Contractor.

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

of this work as under: -

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

the work to be executed is more than Rs.50 lakhs.

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

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

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

lakhs but more than Rs.5 lakhs.

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

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

Government work must have sufficient experience to handle the work

independently. Such an Engineer shall have to stay at the site of work and he

shall not be entrusted with other duty except this work.

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

Engineer, Employment of a separate Engineer will not be necessary provided

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

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

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

copy of marksheet, Colour Photograph and the appointment order issued such

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

such designated Site Engineers do not resume or do not remain present on site

of work, the recovery at the rate of Rs.15,000-00 per month per Engineer will

be made from the bills/deposit/dues of the contractor. Such recovery shall be

non-refundable.

Sign. of the Contractor Sign. of the Executive Engineer

QUALIFICATION INFORMATION

Sign. of the Contractor Sign. of the Executive Engineer

QUALIFICATION INFORMATION

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

used for the purpose of post qualification as provided for in Clause 4 of the Instruction

to Bidders. This information will not be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of

Bidder (Attach Copy)

Place of registration

Principal place of business

Power of attorney of signatory of

1.2 Total value of Civil engineering constructions 2 0 2 4 - 2

Work performed in the last five years 2023-2024-…………

(in Rs. Lakhs) 2022-2023-………….

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

nominated sub-contractor will also be considered the sub-contract involved

execution of all main items of work described in the bid documents, provided

further that all other qualification criteria are satisfied (in the same name) on

works of a similar nature over the last five years** and in current year before

the submission of the bid.

Similar nature of Work.

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

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

Employer (Rs. work completion completion reasons for

Crore) order * delay &

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

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

Sign. of the Contractor Sign. of the Executive Engineer

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

as a nominated sub-contractor, will also be considered provided the sub-

contract involved execution of all main items of work described in the bid

document, provided, further that all other qualification criteria are called (in

the same name and style) in the last five years** and in current year before the

submission of the bid.

Year Name of Name of Quantity of work performed Remarks*

the work Excavation

the Concrete Gabion (indicate

Employer (CM) work work contract

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

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

(A) Existing commitments and on-going works:

Description Place Contract Name Value Stipulated Value of Anticipated

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

State of (Rs. Cr) Completio remaining completion

Employer n to be

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

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

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

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

Item of Requirement Availability Proposals Remarks

Sign. of the Contractor Sign. of the Executive Engineer

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

Leased to be Capacity Conditions whom to

1.6 Qualifications and experience of key personnel required for administration and

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

9.1 of the Conditions of Contract.

Position Name Qualification Year of Year of

Experience experience in

(General) the proposed

1.7 Proposed sub-contract and firms involved

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

works Contractor (Name &Address) similar work

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

Sign. of the Contractor Sign. of the Executive Engineer

supply/ sanitary work/ building electrification works.

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

statements, auditors’ reports (in case of companies/corporations), etc. List

them below and attach copies.

1.9 Evidence of access to financial resources to meet the qualification

requirements: cash in hand, lines of credit, etc. List them below and attach

copied documents.

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

who may provide references if contacted by the Employer.

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

Other Party(ies) Employer Cause of Dispute Amount Remarks

Involved showing Present

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

instruction to Bidders. (Name of Consultant engaged for project preparations

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

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

Bidding documents. (Refer ITB Clause 4.1)

3. Additional Requirements

3.1 Bidders should provide any additional information required to fulfill the

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

(ii) Undertaking

* Fill the name of Consultant

Sign. of the Contractor Sign. of the Executive Engineer

SAMPLE FORMAT FOR EVIDENCE OF

ACCESS TO OR AVAILABILITY OF

CREDIT FACILITIES

(CLAUSE4.5.6OFITB)

BANK CERTIFICATE

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

company with a good financial standing.

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

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

Rs. To meet their working capital requirements for executing the

above during the contract period.

Senior Bank Manager

Address of the Bank

Sign. of the Contractor Sign. of the Executive Engineer

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

required attachments are true and correct.

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

have not abandoned any work

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

under Government of Gujarat/Government of India nor any contract

awarded to us for such works have been rescinded, during last five years

prior to the date of this bid.

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

corporationtofurnishpertinentinformationdeemednecessaryandrequestedby

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

and general reputation.

4. The Undersigned understands and agrees that further qualifying

information may be requested, and agrees to furnish any such information

at the request of the Department/ Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

Sign. of the Contractor Sign. of the Executive Engineer

I, the undersigned do here by undertake that our firm

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

(Signed by an Authorized officer of the

Title of officer

Sign. of the Contractor Sign. of the Executive Engineer

CONDITIONS OF CONTRACT

Sign. of the Contractor Sign. of the Executive Engineer

Conditions of Contract

Table of Contents

A. General D. Cost Control

1 Definitions 42 37 Bill of Quantities

2 Interpretation 43 38 Changes in the Quantities

3 Language and Law 44 39 Variations

4 Engineer’s Decisions 44 40 Payments for Variations

5 Delegations 44 41 Cash Flow Forecasts

6 Communications 44 42 Payment Certificates

7 Sub-Contractors 45 43 Payments

8 Other Contractors 45 44 Compensations Events

9 Personnel 45 45 Tax

10 Employer’s & Contractor Risk 45 46 Currencies

11 Employers Risks 45 47 Price Adjustment

12 Contractor’s Risk 46 48 Retention

13 Insurance 46 49 Liquidated damages

14 Site Investigations Reports 46 50 Bonus

15 Queries about the Contract 46 51 Advance Payment

16 Contractors to Construct the works 47 52 Securities

17 The Works to be Completed By 47 53 Deleted

The Intended Completion Date

18 Approval by the Engineer 47 54 Cost of Repair

20 Discoveries 47 E. Finishing the Contract

21 Possession of the Site 47 55 Completion

22 Access to the Site 48 56 Taking Over

23 Instructions 48 57 Final Account

24 Disputes 48 58 Operating and Maintenance

25 Procedure for Disputes 49 59 Terminations

26 Deleted 49 60 Payment upon Terminations

B. Time Control 62 Release from Performance

28 Extensions of the Intended 50 F. Special Conditions of

completion date Contract

29 Deleted 51 63 Labour

30 Delays Ordered by The Engineer 51 64 Compliance with labour

31 Management Meetings 51 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

Sign. of the Contractor Sign. of the Executive Engineer

CONDITIONS OF CONTRACT

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

Conditions of Contract but keep their defined meaning.

Bill of Quantities means the priced and completed Bill of Quantities

forming part of the Bid

Compensation Events are those defined in Clause 44 here under

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

the Engineer in accordance with Sub Clause

The Contract is the contract between the Employer and Contractor to

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

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

The Contract data defines the documents and other information which

comprise the Contract.

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

Work has been accepted by the Employer.

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

Contractor to the Employer and includes Technical and Financial Bids.

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

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

Days are calendar days: months are calendar months.

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

calculated from the Completion Date.

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

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

competent person appointed and notified to the contract or to act in

replacement of the Engineer) who is responsible for supervising the

Contractor, administering the Contract, certifying payments due to the

Sign. of the Contractor Sign. of the Executive Engineer

Contractor, issuing and valuing Variations to the Contract, awarding

extensions of time, and valuing the Compensations Events.

Equipment is Contractor’s machinery and vehicles brought temporarily to

the site to construct the Works.

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

of Acceptance. The Intended Completion Date is the date on which it is

intended that the Contractor shall complete the Works. The Intended

Completion Date is specified in the Contract Data. The Intended Completion

Date may be revised only by the Engineer by issuing an extension of time.

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

incorporation in the works.

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

electronic or chemical or biological functions.

The Site is the are a defined as such in the Contract Data.

Site Investigation Reports are those which were included in the Bidding

documents and are factual interpretive reports about the surface and subsurface

conditions at the site.

Specifications means the Specifications of the works included in the Contract

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

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

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

any of the Site Possession Dates.

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

ContractortocarryoutapartoftheworkintheContractwhichincludesworkonthe

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

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

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

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

and turnover to the Employer, as defined in the Contract Data.

2. Interpretation

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

male also means female or neuter and the other way around. Heading

have no significance. Words have their normal meaning under the

Sign. of the Contractor Sign. of the Executive Engineer

language of the Contract unless specifically defined. The Engineer will

provide instructions clarifying queries about Conditions of Contract.

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

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

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

references to the Completion Date and Intended Completion date for the

2.3 The documents forming the Contract shall be interpreted in the

following order of priority

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

(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

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

of the Contract.

3. Language and Law

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

stated in the Contract Data.

4. Engineers Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide

contractual matters between the Employer and the Contractor in the role

representing the Employer.

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

people after notifying the Contractor and may cancel any delegation

after notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the conditions

are effective only when in writing. A notice shall be effective only when

it is delivered (in terms of Indian Contract Act).

Sign. of the Contractor Sign. of the Executive Engineer

7. Sub-Contracting

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

specified in contract data, with the approval of the engineer but may not

assign the Contract without the approval of the Employer in writing.

Subcontracting shall not alter the Contractor’s obligations. Sub-

contracting of supply or specific items of work is not allowed.

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

for the part of work to be subcontracted.

8. Other Contractors

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

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

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

Contract Data, also provide facilities and services for them as described

in the Schedule. The employer may modify the schedule of other

contractors and shall notify the contractor of any such modifications.

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

of Key Personnel as referred to in the Contract Data to carry out the

functions stated in the Schedule or other personnel approved by the

Engineer. The Engineer will approve any proposed replacement of key

personnel only if their qualifications, abilities, and relevant experience

are substantially equal to or better than those of the personnel listed in

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

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

Contractor shall ensure that the person leaves the Site within seven days

and has no further connection with the work in the Contract.

10. Employer’s and Contractors Risks

10.1 The Employer carries the risk which these Contract states are

Employer’s risks, and the Contractor carries the risks which these

Contracts states are Contractors risk.

11. Employer’s Risks

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

far as they directly affect the execution of the Works, the risks of war,

hostilities, invasion, act of foreign enemies, rebellion, revolution,

insurrection or military or usurped power, civil war, riot commotion or

disorder (unless restricted to the Contractor’s employees), and

contamination from any nuclear fuel or nuclear waste or radioactive

toxic explosive.

Sign. of the Contractor Sign. of the Executive Engineer

12. Contractor’s Risks

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

injury and death which arise during and in consequence of the

performance of the Contract other than the excepted risks are the

responsibility of the Contractor.

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

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

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

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

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

(b) Loss of or damage to Equipment

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

Materials and Equipment) in connection with the Contract; and

(d) Personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the

Contractor to the Engineer for the Engineer’s approval before the Start

Date. All such insurance shall provide for compensation to be payable

in the types and proportions of currencies required to rectify the loss or

damage incurred.

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

required, the Employer may affect the insurance which the Contractor

should have provided and recover the premiums the Employer has paid

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

the payment of the premiums shall be a debt due.

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

approval of the Engineer.

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

14. Site Investigation Report

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

reports referred to in the Contract Data, supplemented by any

information available to the Bidder.

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

Sign. of the Contractor Sign. of the Executive Engineer

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

the specification and Drawings.

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

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

and shall carry out the Works in accordance with the programmer

submitted by the Contractor, as updated with the approval of the

Engineer, and complete them by the Intended Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the

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

they comply with the Specifications and drawings.

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

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

design of the Temporary works.

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

Temporary works where required.

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

temporary or permanent work are subject to prior approval by the

Engineer before their use.

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

20. Discoveries

20.1 Anything of historical or other interest or of significant value

unexpectedly discovered on the site is the property of the Employer. The

contractor is to notify the engineer of such discoveries and carry out the

Engineer’s instructions for dealing with them.

21. Possession of the Site

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

Contractor. If possession of a part is not given by the date stated in the

Contract Data the Employer is deemed to have delayed the start of the

relevant activities and this will be a Compensation Event.

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

site is not handed over to the Contractor, then contractor/ Employer may

fore-close the contract. Contractor/Employer has to foreclose the work

Sign. of the Contractor Sign. of the Executive Engineer

within 30 days after lapse of 25%-time limit and after 30 days

foreclosure option will be closed.

22. Access to the Site

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

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

with the Contract is being carried out or is intended to be carried out and

to any place where materials or plants are being

manufactured/fabricated/ assembled for the works.

23. Instructions

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

to works which comply with the applicable laws where the site is

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

accounts and records relating to the performance of the Contractor and

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

required by the Employer.

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

either outside the authority given to the Engineer by the Contract or that

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

#Superintending Engineer(Higher Authority)within 14 days of the

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

party can refer the matter for conciliation within 15 days from the

decision given by the #Superintending Engineer.

(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied

with the decision of the #Superintending Engineer, both the parties

have to refer to the Chief Engineer concern for the conciliation

(b) For the work more than Rs.100 Cr., if any of the parties is not

satisfied with the decision of the #Superintending Engineer, both

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

Department, Government of Gujarat for the conciliation process.

If the dispute is not resolved through the conciliation process, he may refer

the dispute to Gujarat Public Works Contract Dispute Arbitration

Tribunal. If the Contractor fails to refer a claim / dispute to the Higher

Authority within 14 days of the notification of the Engineer's decision, the

Contractor shall not be entitled to any additional payment/claim if he

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

Sign. of the Contractor Sign. of the Executive Engineer

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the arbitration

procedure stated in the Special Conditions of Contract.

Sign. of the Contractor Sign. of the Executive Engineer

B. TIME CONTROL

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

to the Engineer for approval a Programme showing the general methods,

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

with monthly cash flow forecast.

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

progress achieved on each activity and the effect of the progress

achieved on the timing of the remaining work including any changes to

the sequence of the activities.

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

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

data. If the Contractor does not submit an updated programme within

this period, the Engineer may withhold the amount stated in the Contract

data from the next payment after the date on which the overdue

programme has been submitted.

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

Contractor’s obligations. The Contractor may revise the programme and

submit it to the Engineer again at any time. A revised programme is to

show the effect of Variations and Compensations events.

28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date if a

compensation Event occurs or a Variation is issued which makes it

impossible for completion to be achieved by the Intended Completion

Date without the Contractor taking steps to accelerate the remaining

work and which would cause the Contractor to incur additional cost.

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

Intended Completion Date within 35 days of the Contractor asking the

Engineer for a decision upon the effect of a compensation event or

Variation and submitting full supporting information. If the Contractor

has failed to give early warning of a delay or has failed to cooperate in

dealing with a delay, the delay by this failure shall not be considered in

assessing the new Intended Completion Date.

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

contractor for extension of Intended Completion Date refer to the

Employer his decision. The employer shall in not more than 21days

communicate to the engineer the acceptance or otherwise of the

Engineer’s decision. If the employer fails to give his acceptance, the

Sign. of the Contractor Sign. of the Executive Engineer

Engineer shall not grant the extension and the contractor may refer the

matter under Clause

30. Delays Ordered by the Engineer

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

of any activity within the works.

31. Management Meetings

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

management meeting. The business of a management meeting shall be

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

in accordance with the early warning procedure.

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

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

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

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

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

32. Early Warning

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

specific likely future events or circumstances that may adversely affect

the quality of the work, increase the Contract price or delay the

execution of works. The Engineer may require the contractor to provide

an estimate of the expected effect of the future event or circumstance on

the contract price and completion date. The estimate is to be provided

by the Contractor as soon as reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and

considering proposals for how the effect of such an event or

circumstance can be avoided or reduced by anyone involved in the work

and in carrying out any resulting instruction of the Engineer.

Sign. of the Contractor Sign. of the Executive Engineer

C. QUALITYCONTROL

# 33. Identifying Defects/Defect liability period

33.1: Defect liability period: The contractor shall be responsible to make good

and remedy at his own expense any defect which may develop or may

be noticed before the period mentioned hereunder from the certified date

of completion. The Engineer in charge shall give the contractor a notice

in writing about the defects and the contractor shall make good the same

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

of the contractor, the Engineer- in-charge may rectify or remove or re-

execute the work at the risk & cost of the contractor. The Engineer-in-

charge shall be entitled to appropriate the whole or any part of the

amount of security deposit towards the expenses, if any, Incurred by him

in rectification, removal or re-execution. The Defects Liability period

shall be as under….

A. For works of WRD Except Building

(a) (1) For all works costing up to Rs. 50,000 (amount put to tender), the

period shall be 3 Months from the certified date of completion.

(b) (1) For WRD works likes Check Dam/ Canal / Drainage / Road

Structure tender amount from RS. 50,000 to 10,00,000, the defect

liability period shall be 12 months from the certified date of completion.

(2) For WRD work except likes Check Dam/ Canal / Drainage / Road

Structure tender amount from RS. 50,000 to 10,00,000, the defect

liability period shall be 6 months from the certified date of completion.

(c) (1) For WRD works likes Check Dam/ Canal / Drainage / Road

Structure tender amount more than RS. 10,00,000, the defect liability

period shall be 3 Years from the certified date of completion.

(2) For WRD work except likes Check Dam/ Canal / Drainage / Road

Structure tender amount from RS. 10,00,000 to 1 Crore, the defect

liability period shall be 12 months from the certified date of completion.

(d) (1) For all WRD works of tender amount more than RS. 1 Crore, the

defect liability period shall be 3 Years from the certified date of

(2) For this work the period shall be 36 Months from the certified date of

completion which should include three monsoons.

B. For Building works of WRD:-

For Building works of WRD, Follow the R&B Circular dated.03/12/2009

For original building works the defect liability period will be 4 years or

elapse of 4 monsoon period following date of possession of building

taken over by user agency following the certified date of completion,

whichever is later. For the purpose of deciding the monsoon period, the

30th September shall be treated as the last date.

Sign. of the Contractor Sign. of the Executive Engineer

WRD Circular No. Matas/102013/MICELL(K-1) Dated 13/12/2013

33.2 For Road works :

Free maintenance guarantee period for works of Road/Bridge

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

year from the date of completion.

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

contractor shall have to give four years free maintenance guarantee

from the certified date of completion. During this period the

contractor shall visit the site every Nine months along with the

concerned Section Officer / Deputy Executive Engineer and will

examine the work already carried out in this contract like road work,

jungle cutting, side shoulders, side gutter, road furniture, patta etc.

and will prepare Km. wise inspection report duly signed by all

concerned and any defect observed shall be done within 15 days by

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

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

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

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

to provide renewal coating as per tender item as directed by the

Engineer-in- charge. The amount equivalent to 5% of each running

bill shall be withheld and will be released after the free maintenance

guarantee period (i.e. 4 years) is over.

However, this amount shall be released against fixed deposit or

bank guarantee pledged in the name of Executive Engineer after

completion certificate of work is issued.

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

under no circumstances shall exceed the allowable limit set forth in

the relevant clause for the material in question.

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

be withheld till the miscellaneous items like earthwork in

embankment / cutting for side shoulders, side gutters, kilometer /

indicator / guard stones, sign boards etc. are completed in all respect

by the contractor. After completion of the miscellaneous items, the

above said 2% withheld amount shall be released.

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

Sign. of the Contractor Sign. of the Executive Engineer

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

done as per Govt. letter No.: SSR/10/2015-16/26/C, Dtd. 26/11/15

for the work costing more than Rs. 5.00 Crore.

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

The contractor shall have to set up the laboratory with adequate

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

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

engineer’s representative) by contractor in writing, Rs.2,00,000/-

shall be withheld. The qualified quality Engineer shall be deployed

exclusively for this contract by the contractors. If quality Engineer is

not deployed by contractor within one month after the date of work

order, the amount equivalent to Rs.20,000 per month shall be

recovered till the actual deployment of quality engineer. The amount

so recovered towards the deployment of quality engineers shall not

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

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

(6) Maintenance during Construction Period

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

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

worthiness and safety thereof are at no time materially inferior as

compared to their condition 10 (ten) days prior to the date of the

Agreement, and shall undertake the necessary repair and

maintenance works for this purpose; provided that the Contractor

may, at his cost, interrupt and divert the flow of traffic if such

interruption and diversion is necessary for the efficient progress of

works and conforms to Good Industry Practice; provided further that

such interruption and diversion shall be undertaken by the Contractor

only with the prior written approval of the Executive Engineer which

approval shall not be unreasonably withheld. For the avoidance of

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

for ensuring safe operation of the road.

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

Contractor of any defects that are found. Such checking shall not affect

the Contractor’s responsibilities the Engineer may instruct the

Contractor to search for a Defect and to uncover and test any work that

the Engineer considers may have a Defect.

Sign. of the Contractor Sign. of the Executive Engineer

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

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

shows that it does, the Contractor shall pay for the test and any samples.

If there is no defect the test shall be a Compensation Event.

34.2 #1% of the amount of work done for works upto Rs. 10 crore of estimate

cost should be deducted from R.A. Bill of the contractor for testing the

quality of material workmanship. Whereas for estimated cost of works

more than 10 crore, the charges for testing of quality of material

workmanship shall be deducted from R.A. bill of contractor as per actual

charges. As Per GoG NWRWS & K Department’s Circular No.

PARCH/132023/401/MICELL Dated:05/10/2023

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

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

pukka laboratory building with all facility on site at location specified

by the engineer in charge.

35. Correction of defects

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

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

defined in the contract data. The Defects Liability Period shall be extended

for as long as Defects remain to be corrected.

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

notified defect within the length of time specified by the Engineer’s

36. Uncorrected Defects

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

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

corrected, and the Contractor will pay this amount.

Sign. of the Contractor Sign. of the Executive Engineer

D. COST CONTROL

37. Bill of Quantities

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

installation, testing and commissioning work to be done by the

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

Contractor is paid for the quantity of the work done at the rate in the Bill

of Quantities for each item.

38. Change in the Quantities

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

the original specifications, drawings, designs and instructions that may

appear to him to be necessary or advisable during the progress of the

work and the contractor shall be bound to carry out the work in

accordance with any instruction in this connection which may be given

to him in writing signed by the Engineer and such alteration shall not

invalidate the contract and any additional work which the contractor

may be directed to do in the manner above specified as part of the work

shall be carried out by the contractor on the same conditions in all

respects on which he agreed to do the main work and at the same rate as

are specified in the tender for the main work.

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

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

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

which the excess in quantity is first executed.

39.1 All Variations shall be included in updated programmes produced by

the Contractor.

40. Payments for Variations

40.1 If the additional or altered work includes any class of work for which no

rate is specified in this contract, then such class of work shall be carried

Sign. of the Contractor Sign. of the Executive Engineer

(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

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

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

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

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

rates of the Division does not contain all the items, the percentage

increase or decrease of the tender shall be calculated considering such

items which were included in the “Scheduled Rates” of the division for

the year and for materials consumed on such item the rate to be charged

would be the basic rate taken into accountfor fixing the rate in S.O.R.

referred to above.

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

of work shall be carried out at the rate decided by the competent

authorities on the basis of detailed rate analysis after hearing the

contractor before a Committee of two Superintending Engineers

stationed at the same place or the nearest place.

40.2 If the additional or altered work, for which no rate is entered in the

“Schedule of Rates” of the Division is ordered to be carried out before

the rate is agreed upon, then the contractor shall within seven days of

the date of receipt by him of the order to carry out the work, inform the

Engineer-in-charge of the rate, which it is his intention to charge for

such class of work and if the Engineer in charge does not agree to this

rates, he shall by notice in writing be at liberty to cancel his order to

carry out such class of work and arrange to carry it out in such manner

as he may consider it advisable, provided always that if the contractor

shall commence work or incur any expenditure in regard thereof before

the rates shall have been determined as lastly herein beforementioned,

Sign. of the Contractor Sign. of the Executive Engineer

then in such cases he shall only be entitled to be paid in respect of the

work carried out or expenditure incurred by him prior to the date of the

determination of the rate as aforesaid according to such rate or rates as

shall be fixed by the Engineer-in-charge. In the event of the dispute, the

decision of the Superintending Engineer of the Circle shall be final.

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

designs, drawings and specifications recommended by the contractor

and accepted by the competent authority, the alternation above referred

to shall be within the scope of such designs, drawings and specifications

appended to the tenders.

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

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

bears to the cost of the original work and the certificate of the Engineer-

in-charge as to such proportion shall be final and conclusive.

41. Cash Flow Forecasts

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

engineer with an updated cash flow forecast.

42. Payment certificates.

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

estimated value of the work completed less the cumulative amount

certified previously.

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

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

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

materials for the works in the relevant amounts and under conditions set

forth in sub-clause

32.3of the Contract Data(secured Advance).

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

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

the items in the Bill of Quantities completed.

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

compensation events.

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

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

the light of later information

Sign. of the Contractor Sign. of the Executive Engineer

43.1 Payments shall be adjusted for deductions for advance payments,

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

applicable under the law. The Employer shall pay the Contractor the

amounts certified by the Engineer within 28 days of the date of each

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

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

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

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

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

prices in the Contract.

44. Compensation events

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

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

Possession date stated in Contract data to the Contractor

44.2 In case of compensation event occurs and it prevents the work being

completed beyond the Intended Completion Date then Authority will

approve EOT with eligible contractual price escalation.

45.1 TheratesquotedbytheContractormustbeinclusiveofalltaxesprevailingon

due date of bid submission except GST. However, any subsequent

changes in the tax structure by Government after due date of bid

submission will be compensated (+/-) on availability or submission of

actual documentation. Contractor will have to intimate Engineer regarding

changes occurred in the tax structure after bid submission. If the contractor

fails to provide such information and if any financial obligation may arise

due to change in tax structure, same will be recovered from the contractor.

45.2 GST will be paid separately on the bills. Hence, it is the responsibility of

the contractor to pay the GST to the concerned Authority.

46. Currencies.

46.1 All payment shall be made in Indian Rupees.

Sign. of the Contractor Sign. of the Executive Engineer

47. Price Adjustment

47.1 Contract price shall be adjusted for increase or decrease in rates and price

of labour, materials, fuels and lubricants in accordance with the following

principles and procedures and as per formula given in the contract data:

(a) The price adjustment shall apply for the work done from the start

date given in the contract data up to endofthe initial

intendedcompletion date or extensions granted by the Engineer and

shall not apply to the work carried out beyond the stipulated time for

reasons attributable to the contractor.

(b) The price adjustment shall be determined

N.A. during each month from

the formula given in the contract data.

(c) Following expressions and meanings during to the work done during

R = Total value of work done during the month. It would include the

amount of secured advance granted, if any, during the month less the

amount of secured advance recovered, if any during the month.It will

exclude value for works executed under variations for which price

adjustment will be worked separately based on the terms

mutuallyagreed.

47.2 To the extent that full compensation for any rise or fall in costs to the

contractor is notcovered by the provisions of this or other clause in the

contract, the unit rates and prices included in the contract shall be

deemed to include amounts to cover the contingency of such other rise

or fall in costs.

48.1 The Employer shall retain from each payment due to Contractor the

proportion stated in the Contract Data until Completion of the whole of

48.2 On Completion of the whole of the Works half the total amount retained

48.2 On Completion of the whole of the Works half the total amount retained

is repaid to the Contractor and half when the Defects Liability Period has

passed and the Engineer has certified that all Defects notified by the

Engineer to the Contractor before the end of this period have been

48.3 On completion of the whole works, the contractor may substitute retention

money with an “on demand” Bank guarantee.

Sign. of the Contractor Sign. of the Executive Engineer

In case, Contractor requests for refund of the Retention Money

deducted by the Employer under the provision of this clause, Employer

shall consider the said request of the Contractor provided that the refund

hereunder shall be made in tranches of not less than 1% (One Percent) of

the Contract Price and Contractor furnishes an irrevocable and

unconditional Bank guarantee for an equal amount substantially in the

format of Bank Guarantee for Performance Guarantee enclosed with SBD

and valid up to 60 day beyond the scheduled / extended Defects Liability

Period. On completion of the whole works, the contractor has however an

option to submit a fresh irrevocable and unconditional Bank Guarantee for

an amount equal to 5% of

thetotalvalueofworkexecutedsubstantiallyintheformatofBankGuarantee

forPerformanceGuaranteeenclosedwithSBDandvalidupto60days beyond

the Defect Liability Period and yet refund the Retention Money Bank

Guarantee submitted for refund of Retention Money.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate

per day stated in the Contract Data for each day that the Completion Date

is later than the Intended Completion Date (for the whole works or the

milestone as stated in the contract data). The total amount of liquidated

milestone as stated in the contract data). The total amount of liquidated

damages shall not exceed the amount defined in the Contract Data. The

Employer may deduct liquidated damages from payment due to the

Contractor. Payment of liquidated damages does not affect the

Contractor’s liabilities.

49.2 If the Intended Completion Date is extended after liquidated damages

have been paid, the Engineer shall correct any overpayment of

liquidated damages by the Contractor by adjusting the next payment

certificate. The Contractor shall not be entitled for any interest on the

over payment calculated from the date of payment to the date of

49.3 If the contractor fails to comply with the time for completion as

stipulated in the tender, then the contractor shall pay to the employer the

relevant sum stated in the Contract Data as Liquidated damages for such

default and not as penalty for everyday or part of day which shall elapse

between relevant time for completion and the date stated in the taking

over certificate of the whole of the works on the relevant section, subject

to the limit stated in the contract data.

The employer may, without prejudice to any other method of

recovery deduct the amount of such damages from any monies due or to

Become due to the contractor. The payment or deduction of such

damages shall not relieve the contractor from his obligation to complete

Sign. of the Contractor Sign. of the Executive Engineer

the works on from any other of his obligations and liabilities under the

49.4 If, before the Time for Completion of the whole of the Works or, if

applicable any Section, a Taking Over Certificate has been issued for

any part of the Works or of a Section, the liquidated damages for delay

in completion of the remainder of the Works or of that Section shall, for

any period of delay after the date stated in such Taking-Over-Certificate,

and in the absence of alternative provisions in the Contract, be reduced

in the proportion which the value of the part so certified bears to the

value of the whole of the Works or Section, as applicable. The

provisions of this Sub-clause shall only apply to the rate of liquidated

damages and shall not affect the limit thereof.

50.1 If the contractor achieves completion of the whole of the works prior to

the intended Completion Date prescribed in Contract Data the Employer

shall pay to the contractor a sum stated in Contract Data as bonus for

every completed month but subjected to maximum amount as stated

in Contract Data; which shall elapse between the date of completion

of all items of works as stipulated in the contract, including variations

ordered by the Engineer and the time prescribed in Clause

50.2 Bonus shall be paid only to works amounting to above INR 5 crore with

time limit of the works is equal or more than 1 month. The bonus would

be paid as under

%of Time %of Initial Contract

Saved Price entitled for

Less than 10% 0%

51. Advance Payment.

Sign. of the Contractor Sign. of the Executive Engineer

51.1 The Employer shall make advance payment (not to be paid less than two

installments except in special circumstances for which the reason to be

Recorded in writing) to the Contractor of the amounts stated in the

Contract Date by the date stated in the Contract Date, against provision

by the Contactor of an Unconditional Bank Guarantee in a form and by

a bank acceptable to the Employer in amounts and currencies equal to

be at least 110% of the advance payment. The guarantee shall remain

effective until the advance payment has been repaid, but the amount of

the guarantee shall be progressively reduced by the amounts repaid by

the Contractor. The Mobilization advance would be deemed as interest

bearing advance at an interest rate of 10 % to be compounded, quarterly.

51.2 The Contractor is to use the advance payment only to pay for

Equipment, plant and Mobilization expenses required specifically for

execution of the Works. The Contractor shall demonstrate that advance

payment has been used in this way by supplying copies of invoices or

other documents to the engineer.

51.3 The advance payment shall be repaid by deduction proportionate

amount from payments otherwise due to the Contractor, following the

schedule of completed percentages of the Works on a payment basis. No

account shall be taken of the advance payment or its repayment in

assessing valuations of work done, variations, price adjustments,

Compensation Events, or Liquidated damages.

52.1 The performance Security (including additional security for unbalanced

bids) shall be provided to the Employer no later than the date specified

in the Letter of Acceptance and shall be issued in an amount and form

and by a bank or surety acceptable to the Employer, and denominated in

Indian Rupees. The performance Security shall be valid until a date

days from the date of expiry of Defects Liability Period and the

additional security for unbalanced bids shall be valid until a date 28 days

from the date of issue of the certificate of completion.

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the

Sign. of the Contractor Sign. of the Executive Engineer

Works between the Start date and the end of Defects Correction periods

shall be remedied by the Contractor at the Contractor’s cost if the loss

or damages arises from the Contractor’s acts or omissions.

Sign. of the Contractor Sign. of the Executive Engineer

E. FINISHING THE CONTRACT

55.1 The Contractor shall request the Engineer to issue a Certificate of

Completion of the works and the Engineer will do so upon deciding that

the work is completed.

56. Taking Over

56.1 The Employer shall take over the Site and the Works within seven days

of the Engineer issuing a certificate of Completion.

57. Final Account

57.1 The Contractor shall supply to the Engineer a detailed final account of

thetotalamountthattheContractorconsiderspayableasfullandfinalsettlem

ent of all claims under the Contract for items before the end of the

Defects Liability Period. The Engineer shall issue a Defect Liability

Certificate and certify any final payment that is due to the Contractor

within 56 days of receiving the Contractor's account if it is correct and

complete. If it is not, the Engineer shall issue within 56 days a schedule

that states the scope of the corrections or additions that are necessary. If

the Final Account is still unsatisfactory after it has been resubmitted, the

Engineer shall decide on the amount payable to the Contractor and issue

a payment certificate, within 56 days of receiving the Contractor’s

revised account.

57.2 If reversal in characteristic of tender(L1becomingL2)on account of

excesses and savings in final account is observed, the

Engineer/Employer shall be at liberty to restrict the final payment of

BOQ items to the lowest amount evaluated of the bids considering the

final quantities and the rates quoted including the rebates if any.

Payment of variation items shall however be made at the rates approved

by the Employer, within 90 days from the physical completion of work.

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and/or operating and maintenance manuals are

required, the Contractor shall supply them by the dates stated in the

58.2 If the Contractor does not supply the Drawings and/or manuals by the

dates stated in the Contract data, or they do not receive the Engineer’s

Sign. of the Contractor Sign. of the Executive Engineer

approval, the Engineer shall withhold the amount stated in the Contract

Data from payments due to the Contractor.

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the other

party causes a fundamental breach of the Contract.

59.2 Fundamental breaches of Contract include, but shall not be limited to

1. The contractor stops work for 28 days when no stoppage of work is

shown on the current programme and the stoppage has not been

authorized by the Engineer

2. The Engineer instructs the Contractor to delay the progress of the

Works and the instructions is not withdrawn within 28 days;

3. The Employer or the Contractor is made bankrupt or goes into

liquidation other than for a reconstructions or amalgamation

4. A payment certified by the Engineer is not paid by the Employer to

the Contractor within 56 days of the date of the Engineer’s certificate

5. The Engineer gives Notice that failure to correct a particular Defect

is a fundamental breach of Contract and the Contractor fails to

correct it within a reasonable period of time determined by the

6. The Contractor does not maintain a security which is required;

7. The Contractor has delayed the completion of works by the number

of days for which the maximum amount of liquidated damages can

be paid as defined in the Contract data; and

8. If the Contractor, in the judgment of the Employer has engaged in

corrupt or fraudulent practices in competing for or in executing the

For the purpose of this paragraph: “corrupt practice” means the

offering, giving, receiving or soliciting of anything of value to influence

the action of a public official in the procurement process or in contract

execution. “Fraudulent practice” means a mis representation of facts in

order to influence a procurement process or the execution of a contract

to the detriment of the borrower, and includes collusive practice among

Bidders (prior to or after bid submission) designed to establish bid prices

at artificial non-competitive levels and to deprive the Borrower of the

benefits of free and open competition.

Sign. of the Contractor Sign. of the Executive Engineer

59.3 When either party to the Contract gives notice of a breach of contract to

the Engineer for a cause other than those listed under Sub Clause

above, the Engineer shall decide whether the breach is fundamental or

59.4 Notwithstanding the above, the employer may terminate the Contract

for convenience.

60. Payment upon Termination

60.1 If the Contract is terminated because of a fundamental breach of

Contract by the Contractor, the Engineer shall issue a Certificate for the

value of the work done less advance payments received up to the date

of the issue of the certificate, less other recoveries due in terms of the

contract, less taxes due to deducted at source as per applicable law and

less the percentage to apply to the work not completed as indicated in

the Contract data. Additional Liquidated Damages shall not apply. If the

total amount due to the Employer exceeds any payment due to the

total amount due to the Employer exceeds any payment due to the

Contractor the difference shall be a debt payable to the Employer.

60.2 If the Contract is terminated at the Employer’s convenience or because

of a fundamental breach of Contract by the Employer, the Engineer shall

issue a certificate for the value of the work done, the cost of balance

material brought by the contractor and available at site, the reasonable

cost of removal of equipment, repatriation of the Contractor’s personnel

employed solely on the works, and the Contractor’s cost of protecting

and securing the Works and less advance payment received up to the

date of the certificate, less other recoveries due in terms of the contract

and less taxes due to deducted at source as per applicable law.

61.1 All materials on the Site, Plant Equipment’s, Temporary Works and

Works are deemed to be property of the Employer, if the Contract is

terminated because of a Contractor’s default.

62. Release from Performance

62.1 If the Contract is frustrated by the outbreak of war of by any other event

Sign. of the Contractor Sign. of the Executive Engineer

entirely outside the control of either the Employer or the Contractor the

Engineer shall certify that the Contract has been frustrated. The

Contractor shall make the Site safe and stop work as quickly as possible

after receiving this certificate and shall be paid for all work carried out

before receiving it and for any work carried out afterwards to which

commitment was made.

Sign. of the Contractor Sign. of the Executive Engineer

F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract,

make his own arrangements for the engagement of all staff and labour,

local or other, and for their payment of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the

Engineer a return in detail, in such form and at such intervals as the

Engineer may prescribe, showing the staff and the numbers of the

several classes of labour from time to time employed by the Contractor

on the site and such other information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub-

contractor shall abide at all times by all existing labour enactments and

rules made there under, regulations, notification and byelaws of the

State or central Government or local authority and any other labour law

(including rules), regulations, bye laws that may be passed or

notifications that may be issued under any labour law in future either by

the State or the Central Government or the local authority. Salient

features of some of the major labour laws that are applicable to the

construction industry are given below. The Contractor shall keep the

Employer indemnified in case any action is taken against the Employer

by the competent authority on account of contravention of any of the

provisions of any Act or rules made thereunder, regulations or

notifications including amendments. If the Employer is caused to pay or

reimburse, such amounts as may be necessary to cause or observe, or for

observance of the provisions stipulated in the notifications/bye

laws/Acts/Rules/regulations including amendments, if any, on the part

of the Contractor, the Engineer/employer shall have the right to deduct

any money due to the Contractor including his amount of performance

security. The Employer/Engineer shall also have the right to recover

from the Contractor any sum required or estimated to be required for

making good the loss or damage suffered by the Employer.

The employees of the Contractor and the Sub-Contractor in no case

shall be treated as the employees of the Employer at any point to time.

Sign. of the Contractor Sign. of the Executive Engineer

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER

LAWS APPLICABLE TO ESTABLISHMENTS ENGAGED IN

BUILDING AND OTHER CONSTRUCTIONS WORK

A) Workmen Compensation Act 1923:- The Act provides for compensation

incase of injury by accident arising out of and during the course of

B) Payment of Gratuity Act. 1972:- Gratuity is payable to an employee under

the Act on satisfaction of certain conditions on separation if an employee

has completed 5 years service or more on death, the rate of 15 days wages

for every completed year of service. The Act is applicable to all

establishments employing 10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952:-The Act

Provides for monthly contributions by the employer plus workers @ 10%

or 8.33% The benefits payable under the Act are :

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance on the death in harness of the worker.

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951 :- The Act provides for leave and some other

benefits to women employees in case of confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970: The Act provides

for certain welfare measures to be provided by the Contractor to contract

labour and in case the Contractor fails to provide, the same are required to

be provided, by the Principal Employer by Law. The principal Employer is

required to take Certificate of Registration and the Contractor is required to

take license from the designated Officer. The Act is applicable to the

establishments or Contractor of Principal Employer, if they employ 20 or

more contract labour.

F) Minimum Wages Act 1948 :-The Employer is supposed to pay not less

than the Minimum Wages fixed by appropriate Government as per

provisions of the Act, if the employment is a scheduled employment.

Construction of Building, Roads, Runways are scheduled employment.

G) Payments of wages Act 1936:-It lays down as to by what date the wages

are to be paid, when it will be paid and what deductions can be made from

the wages of the workers.

H) Equal remunerations Act 1979 :- The Act provides for payment of equal

wages for work of equal nature to Male and Female workers and for not

Sign. of the Contractor Sign. of the Executive Engineer

making discrimination against female employees in the matter of transfer,

training and promotions etc.

I) Payments of Bonus Act 1965:- The Actis applicable to all establishments

employing 20 or more employees. The Act provides for payments of

annual bonus subject to a minimum of 8.33% of wages and maximum of

20 % of wages to employees drawing Rs. 3500/- per month or less. The

bonus to be paid to employees getting Rs, 2500/- per month or above Rs.

3500/- per month shall be worked out by taking wages as Rs.2500/- per

month only. The Act does not apply to certain establishments. The newly

set-up establishments are exempted for five years in certain circumstances.

Some of the State Governments have reduced the employment size from

20 to 10 for the purpose of applicability of this Act.

J) Industrial Disputes Act 1947 :- The Act lays down the machinery and

procedure for resolutions of Industrial disputes, in what situations a strike

or lock-out becomes illegal and what are the requirements for laying off or

retrenching the employees or closing down the establishment.

K) Industrial employment (standing Orders) Act 1946 :- It is applicable to

all establishments employing 100 or more workmen (employment size

reduced by some of the State and Central Government to 50). The Act

provides for laying down rules governing the conditions of employment

by the Employer on matters provided in the Act and get the same certified

by the designated Authority.

L) Trade Unions Act 1926:-The Act lays the procedure for registration of

trade unions of workmen and employers. The Trade Unions registered

under the Act have given certain immunities from civil and criminal

M) Child Labour (Prohibition &Regulation Act 1986 :-The Act prohibits

employment of children below 14 years of age in certain occupations and

process and provides for regulation of employment of children in all other

occupations and processes. Employment of Child labour is prohibited in

Building and Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment &

Conditionsof service) Act 1979:-The Act is applicable to an

establishment which employs 5 or more inter-state migrant workmen

through an intermediary (who has recruited workmen in one state for

employment in the establishment situated in another state).The inter-state

Sign. of the Contractor Sign. of the Executive Engineer

migrant workmen, is an establishment to which

thisActbecomesapplicable,arerequiredtobeprovidedcertainfacilitiessuchas

housing, medical aid, traveling expenses from home up to the

establishment and back, etc.

O) The Building and Other Construction workers(Regulation of

employmentand Conditions of Service) Act 1996 and the Cess Act of

1996:-All the establishments who carry on any building or other

constructions work and employ 10 or more workers are covered under this

All such establishments are required to pay cess at the rate not exceeding

2% of the cost of construction as may be modified by the government. The

Employer of the establishment is required to provide safety measures at

the Building or construction work and other welfare measures, such as

canteens, First Aid facilities, Ambulance, Housing accommodations for

workers near the workplace etc. The Employer to whom the Act applies

has to obtain a registration certificate from the Registering Officers

appointed by the Government.

P) Factories Act 1948 :-The Act lays down the procedure for approval of

plans before setting up a factory, health and safety provisions, welfare

provisions, working hours, annual earned leave and rendering information

regarding accidents or dangerous occurrences to designated authorities. It

is applicable to premises employing 10 persons or more with aid of power

or 20 or more persons without the aid of power engaged in the

manufacturing process.

Q) Royalty charges-The contractor shall pay the royalty to the competent

authority as per rule. The royalty charges paid shall be borne by the

contractor and shall not be reimbursed by the Employer.

R) Following Pollution control Acts and amendments made there of from

time to time shall be applicable.

1. Water (Preservation and control of Pollution)Act,1974

2. Air (Prevention and Control of Pollution Act1981

3. Environmental (Protection)Act1986

The contractor must commit to adopting Environmental management

plan for best energy use, waste management, the reduction of pollution as

in EMS (Environmental Management system)ISO-14001-

65. ARBITRATION (GCCClause24)

The procedure for arbitration will be as follows:-

Sign. of the Contractor Sign. of the Executive Engineer

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

either outside the authority given to the Engineer by the Contract or that

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

#Superintending Engineer (Higher Authority) within 14 days of the

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

party can refer the matter for conciliation within 15 days from the

decision given by the #Superintending Engineer.

(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied

with the decision of the #Superintending Engineer, both the parties

have to refer to the #Chief Engineer concerned for the conciliation

(b) For the work more than Rs.100 Cr., if any of the parties is not

satisfied with the decision of the Superintending Engineer, both

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

Department, Government of Gujarat for the conciliation process.

If the dispute is not resolved through the conciliation process,

contractor may refer the dispute to Gujarat Public Works Contract

Dispute Arbitration Tribunal. If the Contractor fails to refer a claim/

dispute to the Higher Authority within 14 days of the notification of

the Engineer's decision, the Contractor shall not be entitled to any

additional payment/claim if he doesn’t follow the above sequence in

stipulated time. However, during such period, he would not stop the

work in any case.

Sign. of the Contractor Sign. of the Executive Engineer

Sign. of the Contractor Sign. of the Executive Engineer

Clause Reference With respect To section

Item marked “N/A” do not apply to this Contract.

1. The Employers is [CL.1.1]

Name: Executive Engineer, Ver-2 Project Division, Vyara

Address: Executive Engineer, Ver-2 Project Division, Vyara,

Dist-Tapi, Surat-Dhulia Road, Opposite of Judge Bunglow.

Name of authorized Representative(will be intimated later)

2. The Engineer is The Executive Engineer, Ver-2 Project

Division, Vyara

Name of Authorized Representative: Deputy Executive

Engineer, Ver Project Sub Division No. 1, Chopadvav.

3. The Defects Liability Period is 12(Twelve) Months from the [CL.1.1&33]

date of completion.

4. The Start Date shall be 1stdays for the date of issue of the [CL.1.1]

Notice to proceed with the work.

5. The Intended Completion Date for the whole of the work is 3 [CL.1.1,17&2]

(three) Month after start of work.

Physical works to be completed Period from the start date

Milestone i.e. 100% 3 Month.

6. The Site is located at KodbA Village,Chopadvav Dam , [CL.1.1]

Sagbara Taluka of Narmada District.

7. The name and identification number of the Contract is: [CL.1.1]

8. The works consist of Clearing the Vegitation growth on earthen [CL.1.1]

Dam and Dam Colony of Chopadvav Irrigation Scheme

The works shall ,interalia ,include the following, as Specified or

Sign. of the Contractor Sign. of the Executive Engineer

Site clearance; setting – out and layout; Construction and Maintenance of all types

of dams and its component, earthen dam; spillway; installation of gate; excavation

and earth work, approach road, Inspection Bunglows, checkdams, bandhara, T.R.,

weir, barrages, Flood Protection & Anti Sea Erosion work, canal lining and

structures, CD Works, structure repairing, Jungle cutting, Desilting, etc. other WRD

For this workExcavation for Foundation in soil, soft rock and hard rock, drilling

holes and providing and laying concrete, supplying and laying gabion, providing

sand layer below gabion, providing weep holes, providing sand filter diversion of

river during construction work, etc.

(B) Road Works :

Site clearance; setting out and layout widening of existing carriageway and

strengthening including camber corrections; construction of new road/ Parallel

service road; bituminous pavements remodeling/construction of Junctions,

intersections, bus bays, lay-bays; supplying and placing of drainage Channels,

flumes, guard posts and guard other related items; construction/extension of cross

drainage works, bridge, approaches and other related stones; protective works for

E.E. of various components of the works;

roads/bridge; all aspects of quality assurance

rectification of The defects in the completed works during the Defects Liability

Period; submission of “As- built’’ drawings and any other related documents; and

other item of work as may be required to be carried out for completing the work in

accordance with the drawings and the provisions of the contract and to ensure

(C ) Bridge Works

Provision of foundations, piers abutments and bearing; prestressed/reinforced

cement concrete superstructure; wearing coat, hand railings, expansion joints,

approach slabs, drainages spouts/ downtake pipes, arrangements for fixing light

posts, water mains, utilities etc; provision of suitably designed protective works;

providing wing/return walls; provision of road markings, road signs etc.; all aspects

of quality assurance; clearing the site and

E.E.handing over the works on completion;

rectification of the defects during the Defects Liability Period and submission of

“As-built” drawings and other related documents; and other items of work as may

be required to be carried out for completing the works in accordance with the

drawings and the provisions of the contract and to Insure safety

Sign. of the Contractor Sign. of the Executive Engineer

(D ) Other items

Any Other Items as required to fulfill all contractual obligations

as per the Bid documents.

10. The following documents also form part of the Contract:

Asperclause2-3 Addendum/Corrigendum/undertaking given by [CL.2.3(9)

contractor (If any)

11. The law which applies to the Contract is the law of Union of India [CL.3.1]

12. The language of the Contract documents is English [CL.3.1]

13. Limit of subcontracting 25% of the Initial Contract Price [CL.7.1]

14. The Schedule of Other Contractors [CL.8]

15. The Schedule of Key Personnel As per Annex–II to Section I [CL.9]

16. The minimum insurance cover for physical property, injury and [CL13]

death is Rs. 5 lakhs per occurrence with the number of

occurrences limited to four. After each occurrence, the contractor

will pay an additional premium necessary to make insurance valid

for four occurrences always.

17. Site Investigation report [CL.14]

18. The Site Possession dates shall be Available from 1stday of Work Order

19. The period for submission of programme for approval of the [CL.27.1]

engineer shall be 21 days from the issue of Letter of Acceptance.

20. The period between program updates will be 30 days. [CL.27.3]

Sign. of the Contractor Sign. of the Executive Engineer

21. The amount to be withheld for late submission of an updated programme shall be

Rs 2.00 lakhs[CL.27.3]

22. Testing Charges ................... Not Applicable …………… [CL.44]

23. The following events shall also be Compensation Events

Substantially adverse ground conditions encountered during the course of

execution of work not provided for in the bidding

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring additional

mobilization by the contractor ,e.g. ordinary soil to rock excavation,

(iii) Removal of unsuitable material like marsh, debris dumps, etc. not caused

by the contractor.

(iv) Artesian conditions

(v) Seepage, erosion landslide

(vi) River training requiring protection of permanent work

(vii) Presence of historical, archeological or religious structures, monuments

interfering with the works

(viii) Restriction of access to ground imposed by civil, judicial, or military

24. The currency of the Contract is Indian Rupees [CL. 46]

25. The formula (e) for adjustment of prices are as under:

If any of the commodities like Cement, Steel or Bitumen are not found applicable

in a work, the weight component of that commodities {i.e. ‘Cement’ (Pc), ‘Steel’

(Ps) or ‘Bitumen' (Pb) as indicated in SBD for the purpose of Price Adjustment}

shall be clubbed with the weight component of ‘Other Material’ (Pm), such that the

gross % weight of the components shall remain as 100% .

R = value of work as defined in Clause 47.1 of Conditions of Contract

Adjustment for labour component N.A.

(i) Price adjustment for increase or decrease in the cost due to labour shall be paid

in accordance with the following formula:

VL = Increase or decrease in the cost of work during the month

under consideration due to changes in rates for local labour

L0 = The consumer price index for industrial workers for the State

on 28 days preceding the scheduled date of opening of

technical Bids as published by Labour Bureau, Ministry of

Labour, Government of India

Sign. of the Contractor Sign. of the Executive Engineer

Li = The consumer price index for industrial workers for the State

for the month under consideration as published by the

Labour Bureau, Ministry of Labour, Government of India.

Pl = Percentage of labor component of the work

Adjustment for cement component.

Pricesadjustmentforincreaseordecreaseinthecostofcementprocuredbyth

Vc=0.85x(Pc/100)xRx(Ci–C0)/C0

Vc=Increase or decrease in the cost of work during themonth under

consideration due to changes in ratesforcement.

C0=The allIndiawholesale price index for

OrdinaryPortlandCementon28daysprecedingthescheduleddateofopeni

ngoftechnicalbidaspublishedbytheOfficeoftheEconomicAdviser,

Department for Promotion of Industry and

InternalTrade,Ministry ofCommerce &Industry.

Ci =The all India average wholesale price index for Ordinary Portland

Cement for the month under consideration as published by Office

of the Economic Adviser,Department for Promotion of

Industry and Internal Trade,E.E.Ministry of Commerce &

Pc=Percentageofcementcomponentofthework

Adjustmentforsteel component

(iii) Priceadjustmentforincreaseordecreaseinthecostofsteelprocuredbythe

contractor shall be paid in accordance with the following formula

Vs=Increase or decrease in the cost of work during the month under

consideration due to changes in the rates for steel

So=TheallIndiawholesalepriceindexforsteel(MildSteel-LongProducts

Rebars, Steel flats) on 28 days preceding the date of opening of Bids

as published by the Office of the Economic Adviser, Department

for Promotion of Industry and Internal Trade, Ministry of

Commerce & Industry.

Sign. of the Contractor Sign. of the Executive Engineer

Si=The all India average wholesale price index for steel (Mild Steel -

Long Products Rebars ,Steel flats) for the month under

consideration as published byOffice of the Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Ps=Percentageofsteelcomponentofthework

Note:Fortheapplicationofthisclause,theindexofMildSteel-Long

productsRebars, Steel

flatshasbeenchosentorepresentthesteel group.

Adjustmentsofbitumencomponent

(iv) Priceadjustmentforincreaseinthecostofbitumenshallbepaidin

accordance with the following formula

Vb=Increaseordecreaseinthecostofworkduringthemonthunder

consideration due tochangesin rates for bitumen.

Bo= The official retail price of bitumen at the IOC depot at the

nearest centre on the day 28 days prior to the scheduled date

ofopening of technical bid. E.E.

Bi=The official retail price of bitumen of IOC depot at the nearest

centre for the 15thday of the month under consideration.

Pb=Percentageofbitumencomponentofthework

AdjustmentofPOL(fuelandlubricant)component

(v) Price adjustment for increase or decrease in cost of POL (fuel and

lubricant) shall be paid in accordance with the following formula

Vf=0.85x(Pf/100)xRx(Fi–F0)/F0

Vf=Increaseordecreaseinthecostofworkduringthemonthunder

consideration due to changes in ratesfor fuel and lubricants.

Fo=The official retail price of High Speed Diesel (HSD) at the

existing consumer pumps of IOC at the nearest centre on the day

28 prior tothe date of opening of Bids.

Sign. of the Contractor Sign. of the Executive Engineer

Fi=The official retail price of HSD at the existing consumer

pumps of IOC at the nearest centre for the 15thdayof the month

of the under consideration.

Pf=Percentageoffuel andlubricantscomponentofthework

Note: For the application of this clause, the price of High-Speed diesel

Oil has been chosen to represent the fuel and lubricants group .

AdjustmentforConstructionMachinery

(vi) Price adjustment for increase or decrease in the cost of plant and

Machinery spare procured by the Contractor shall be paid in

accordance with the following formula

Vp=0.85x(Pp/100) xRx(Pi–P0)/P0

Vp=Increaseordecreaseinthecostofworkduringthemonthunder

considerationduetochangesinratesforplantandmachineryspares

P0= The all India wholesale price index for manufacturer of

machinery for mining, quarrying and Construction for the

month under consideration as published Office of the Economic

Adviser, Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Pi= The all India average wholesale price index for

manufacturer of machinery for mining, quarrying and

Construction for the month under consideration as published

Office of the Economic Adviser, Department for Promotion

of Industry and Internal Trade, Ministry of Commerce &

Pp=Percentageofplantandmachinerysparescomponentofthework.

Note:Fortheapplicationofthisclause,indexofHeavyMachineryandparts

has been chosen to represent the Plant and Machinery Spares

Sign. of the Contractor Sign. of the Executive Engineer

AdjustmentofothermaterialsComponent

(vii) Price adjustment for increase or decrease in cost of local materials other than

cement, steel, bitumen and POL procured by the contractor shall be paid in

accordance with the following formula

Vm=Increase or decrease in the cost of work during the month under

consideration due to change in rates for local materials other than cement,

steel, bitumen and POL. N.A.

M0= The all India wholesale price index (all commodities)on 28 days

preceding the scheduled date of opening

of technical Bids, as published by

the office of the economic advisor, department for promotion of industry and

internal trade, ministry of commerce and industry.

Mi=The all India wholesale price index (all commodities) for the month

under consideration as published by the office of the economic advisor,

department for promotion of industry and internal trade, ministry of

commerce and industry.

Pm=Percentageoflocalmaterialcomponents(otherthancement, steel, bitumen

and POL) of the work.

The following percentage will governthepriceadjustmentforthe

entire contract:

6. Plant&MachinerySparesPp ....................0.00%

25. The proportion of payments retained (retention money) shall be

6%{CL.48} from each bill subject to a maximum of 5% of final contract

26. Amount of Liquidated damages For Whole of work {CL.49}

delay in completion of works (1/2000)thof the Initial contract

price, rounded off to the nearest Thousand, per day. For

sectional Completion (wherever specified In item 6 of Contract

data)(1/2000)th of initial contract price for #5 km Section,

rounded off to the nearest thousand per day.

Sign. of the Contractor Sign. of the Executive Engineer

27. Maximum limit of liquidated damages 10 percent of the Initial{CL. 49}

For delay in completion work Contract Price rounded off to

The nearest thousand

28. Amount of Bonus for early completion Amount of bonus for early

Completion of work shall be

given as per CL.50 of Section-

29. Maximum limit of bonus for early 5 percent of the

Contract{CL.50} Completion of work Price

30. The amount of the advance payment are:{CL. 51&52}

#Nature of Advances

Amount(Rs.)Conditio

nsto Be fulfilled

i Mobilization10% of the contract

Onsubmissionofuncondition

al Price Bank Guarantee. (to be

before the end of 20% of the

contract period). The

mayfurnishfourbankguarantees

of 2.5 % of each valid for the

ii Equipment 90% for new and 50% Afterequipmentisbroughttosite

of depreciated value for (provided the Engineer is

old equipment. Total satisfied That the equipment is

amount will be subject required for performance of the

to a maximum of 5% of contract) and on submission of

the Contract Price unconditionalBankGuaranteef

amountof advance

iii Secured Deleted

Sign. of the Contractor Sign. of the Executive Engineer

(TheadvancepaymentwillbepaidtotheContractornolaterthan28daysafter fulfillment of the

above conditions).

31. Repaymentofadvancepaymentformobilizationandequipment{CL.51.3}

The advance loan shall be repaid with percentage deduction from the

interim payments certified by the Engineer under the Contract. Deduction

commenceinthenextInterimPaymentCertificatefollowingthatinwhichthetot

al of all such payments to the Contractor has reached not less than

percent of the Contract Price or 1 (one) month from the date of payment of

first installment of advance, whichever period concludes earlier, and shall

be made at the rate of 20 percent (collectively for both Mobilization

Advance andEquipment Advance)of the amounts of all Interim Payment

Certificate until such time as the loan has been repaid, always provided that

the loan shallbe

completelyrepaidpriortotheexpiryoftheoriginaltimeforcompletionpursuant

to Clause 17 and

33. The securities shall be for the following minimum amounts equivalent

{CL.52} As a percentage of the Contract Price:

Performance Security for 5 percent of contract price (Rs.2049883.00) plus

Rs. …………….. (to be decided after evaluation of the bid) as additional

security in terms of ITB Clause

The standard form of Performance security acceptable to the Employer

shall be an unconditional Bank Guarantee of the type as presented in

Section 8 of the Bidding Documents.

34. The Schedule of Operating and maintenance Manuals…..N/A. {CL. 58}

35. The date by which “as– built” drawings (in scale as directed) in 2 sets{CL.

58} are required within 28 days of the issue of certificate of completion of

the whole or section of the work, as the case may be.

36. The amount to be withheld for failing to supply “as built” drawings {CL.

58} by the Date required is Rs.2.0 Lakhs.

Sign. of the Contractor Sign. of the Executive Engineer

37. The following events shall also be fundamentals breach of

contract:{CL.59.2} “The Contractor has contravened Sub- clause 7.1 and

Clause 9 of GCC”

38. The percentage to apply the value of the work not completed

representing{Cl60} the Employer’s additional cost for completing the

Works shall be 20 per cent.

Sign. of the Contractor Sign. of the Executive Engineer

TECHNICAL SPECIFICATION

----- Attached separately -----

Sign. of the Contractor Sign. of the Executive Engineer

Sign. of the Contractor Sign. of the Executive Engineer

Description of the Works:

Clearing the Vegitation growth on earthen dam of Kakdiamba Irrigation

1. We offer to execute the Works described above and remedy any defects

therein in conformity with the conditions of Contract, specification, drawings,

Bill of Quantities and Addenda for the sum (s) of

2. We undertake, if our Bid is accepted, to commence the Works as soon as is

reasonably possible after the receipt of the Engineer’s notice to commence,

and to complete the whole of the Works in the Contact within the time stated

in the document.

3. We agree to abide by this Bid for the period of 120 Days from the date fixed

for receiving the same, and it shall remain binding upon it and may be

accepted at any time before the expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid,

together with your written acceptance thereof, shall constitute a binding

contract between us.

5. We understand that you are not bound to accept the lowest or any tender you

-------duly authorized to sign bids for and on behalf of-----------------------

(in block capitals or typed)

Sign. of the Contractor Sign. of the Executive Engineer

Sign. of the Contractor Sign. of the Executive Engineer

BILL OF QUANTITIES

Sign. of the Contractor Sign. of the Executive Engineer

BILL OF QUANTITIES

(A) Percentage Rate Tender( Upto INR 50Cr.)

:: SCHEDULE -B ::

( For Contractor)

Name Of Work:- Clearing the Vegitation growth on earthen Dam and Dam Colony of Chopadvav Irrigation Scheme

Quantities Rate

Item estimated but

Item of work Unit Amount

No. may be more In Fig. In Words

Dismentalling the rubble pitching including sorting

out and stacking of the useful materials on site Rupees One

including removing the rubbish etc. complete as Hundred Sixteen

directed. and fifty Paise

(B) Dismentalling dry rubble pitching. Only

(c) 45 cm thick.

Clearing the canal land width including removing

the shrub, bushes, cactus, weeds other vegetation

Rupees fourteen

including cutting down trees upot 0.50cm girth and

2 21725.00 14.60 and Sixty Paise SM

depositing the removed materials outside the canal

land width up to lead of 50 meter as directed etc.

complete. (Without water pool)

Re-arranging the disturbed rubble rip rap on

upstream slope of earthen dam in correct slope in Rupees Sixty-

3 4074.00 following thickness including necessary packing to 68.00 SM

the required depth etc.complete.

(B) For 45 cm thickness

Providing videography on the ocassion of function or Rupees One

for on going construction work including Thousand Two

4 dubbing,titeling etc. complete including cost of 1230.51 Hundred Thirty 4 Hrs

cassette/CD and fifty-one

(b) Up to 4.00 hours Paise Only

Sign. of the Contractor Sign. of the Executive Engineer

I/We am/ are willing to carry out the work at… ................ %above/below percent (Should be written in figures and words) of the estimated

rate mentioned above. Amount of my/our tender works out as under.

Estimated amount put to tender Rs. 10,70,068.51 Estimated amount put to tender Rs.

Deduct………%below Add………%Above

In words In words

1 The Contractor shall exhibit a board with detailed specification and details of work as directed by the Engineer-In-Charge for which

no extra payment shall be made.

2 The labour cess will be deducted as per prevailing rulesi.e.1%of the work done.

3 GST and Income tax TDS will be deducted at a source while making payments of bills

4 In all R.C.C. Items in Rate Analysis Standard Cement Consumption has been taken as per Govt. G.R.: PRC-10/2017 Cement

Consumption/16/C Date:11/05/2017 as stated in S.O.R. therefore in R.C.C. items where there is a change as per actual mix design the

cost of difference of cement consumption have been deducted from the rate of original item at the rate of input rate mentioned in all

Deputy Executive Engineer, Divisional Accountant, Executive Engineer,

Ver Project Sub Dn.No-1 Ver-II Project Division Ver-II Project Division

Chopadvav Vyara Vyara

Sign. of the Contractor Sign. of the Executive Engineer

BILL OF QUANTITIES

1. The bill of Quantities shall be read in conjunction with the Instructions to

Bidder, Conditions of Contract, Technical Specifications and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional,

and are given to provide a common basis for bidding. The basis of payment

will be the actual quantities of work ordered and carried out, as measured

by the Contractor and verified by the Engineer and valued at the rates and

prices tendered in the priced Bill of Quantities, where applicable, and

otherwise at such rates and prices as the Engineer may fix within the terms

of the Contract.

3. The rates and prices tendered in the priced Bill of Quantities shall, except

in so far as it is otherwise provided under the Contract, include all

constructional plant, layout, supervision, materials, erection, maintenance,

insurance, profit, taxes and duties, together with all general risks, liabilities

and obligations set out or implied in the Contract.

4. The rates and prices shall be quoted entirely in Indian Currency.

5. A rate or prices shall be entered against each item in the Bill Quantities,

whether quantities are stated or not. The cost of Items against which

Contractor has failed to enter a rate or price shall be deemed to be covered

by other rates and prices entered in the Bill of Quantities (in case of Item

rate contract).

6. The whole cost of complying with the provisions of the Contract shall be

included in the items provided in the priced Bill of Quantities, and where

no Items are provided the cost shall be deemed to be distributed among the

rates and prices entered for the related items of Work.

7. General direction and descriptions of work and materials are not necessarily

repeated or summarized in the Bill of Quantities. References to the relevant

sections of the contract documentation shall be made before entering rates

or prices against each item in the Bill of Quantities.

8. The method of completed work of payment shall be in accordance with the

specification for Road and Bridge works. For building works specifications

for building are to be followed.

9. Errors will be corrected by the Employer for any arithmetic errors pursuant to

Clause 29 of the Instructions to Bidder.

Sign. of the Contractor Sign. of the Executive Engineer

10. Rock is defined as all materials which, in the opinion of the Engineer,

required blasting, or the use of metal wedges and sledgehammers, or the

use of compressed air drilling for its removal, and which cannot be

extracted by ripping with a tractor of at least 150 kw with a single rear

mounted heavy duty ripper.

(B) For Item Rate Tender(For above INR 50Cr.):

Ite Description of Item Quantity Unit Rat Amount

m (with brief e

No specification In In

andreferencetobookof

specifications)

(A)TotalTenderedAmount

(B)Rebateonabovetenderedamount(ifany)%(infigure)……………………

(C)NetTenderedAmount(A-B)(infigure)………………………………

1 The Contractor shall exhibit a board with detailed specification and details of

work as directed by the Engineer-In-Charge for which no extra payment shall be

2 The labour cess will be deducted as per prevailing rulesi.e.1%of the work done.

3 GST and Income tax TDS will be deducted at a source while making payments

4 In all R.C.C. Items in Rate Analysis Standard Cement Consumption has been

taken as per Govt.G.R.:PRC-10/2017 Cement Consumption/16/C

Date:11/05/2017 as stated in S.O.R. therefore in R.C.C. items where there is a

change as per actual mix design the cost of difference of cement consumption

have been deducted from the rate of original item at the rate of input rate

mentioned in all the tender.

Sign. of the Contractor Sign. of the Executive Engineer

SECURITIES AND OTHER FORMS

Sign. of the Contractor Sign. of the Executive Engineer

BID SECURITY (BANK GUARANTEE)

WHEREAS, ---------------------------------------- (name of Bidder) (hereinafter

called the “The Bidder”) has submitted his bid Dated ------------------------

(Date) for the construction of -------------(Name of Contractor hereinafter

called “the Bid”)

KNOW ALL PEOPLE by these presents that We--------------------------------------

(name of Bank)of --------------------------------------(name of country)having our

registered office at-------------------------------------------------------(here in after

called “the bank”)are bound unto--------------------------------------------(name of

(here in after called “The Employer”)in the sum of ------------------------------ *

For which payment well and truly to be made to the said Employer the Bank

itself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this---------------------- day of

THE CONDITIONS of these obligations are:

(1) If after Bid opening the Bidder with draws his bid during the period of Bid

validity specified in the Form of Bid;

(2) If the Bidder has been notified of the acceptance of his bid by the Employer

during the period of Bid Validity:

A Fails or refuses to execute the Form of Agreement in accordance with

the Instructions to Bidders, if required; or

B. Fails or refuse to furnish the Performance Security, in accordance with the

Instructions to Bidders; or

C. does not accept the correction of the Bid Price pursuant to Clause27

(Correction of Errors)

Sign. of the Contractor Sign. of the Executive Engineer

We undertake to pay to the Employer up to the above amount

upon receipt of his first written demand, without the employer having to

substantiate his demand, provided that in his demand the Employer will

note that the amount claimed by him is due to him owing to the occurrence

of one or any of the three conditions, specifying the occurred conditions

This Guarantee will remain in force up to and including the date --------- **

days after the deadline for submission of Bids as such the deadline is stated

in the Instructions to Bidders or as it maybe extended by the Employer,

notice of which extension (s) to the Bank is hereby waived. Any demand in

respect of this guarantee should reach the Bank not later than the above date

(Signature, name and address)

* The Bidder should insert the amount of the guarantee in words and figures

denominated in Indian Rupees. This figure should be the same as shown

in Clause 16.1(Bid Security) of the Instructions to Bidders.

**1 (one) Month after the end of the validity period of the Bid. Date

should be inserted by the Employer before the Bidding documents are

Sign. of the Contractor Sign. of the Executive Engineer

PERFORMANCE SECURITY

of contractor) (hereafter called “the Contractor”) has undertaken, in pursuance

of Contracts No. ------------------------- dates -------------------------- to execute ---

----------------------- (name of Contract and brief description of Works)

(hereinafter called “The Contract”)

AND WHEREAS it has been stipulated by you in the said Contract that

the Contractor shall furnish you with a Bank Guarantee by a recognized bank

for the sum specified therein as security for compliance with his obligation in

accordance with the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and

responsible to you on behalf of the Contractor, up to a total of-------------------

----------------(amount of guarantee)*(in words),such sum being payable in

types and proportions of currencies in which the Contract prices is payable,

and we undertake to pay you, upon your first written demand and without cavil

or argument, any sum or sums within the limits of--------------------------------

(amount of guarantee) as aforesaid without your needing to prove or to show

grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from

The contractor before presenting is with the demand.

We further agree that no change or addition to or other modification of the

terms of the Contract to of the Works to be performed thereunder or of any of

the Contract documents which may be made between your and the Contractor

shall in any way release us from any liability under this guarantee, and we

hereby waive notice of any such charge, addition or modifications.

This guarantee shall be valid until 60 days from the date of expiring of

the Defect Liabilities period.

Signature and Seal of the guarant or-------------------------

*An amount shall be inserted by the Guarant or ,representing the percentage the

Contract price specified in the Contract denominated in Indian Rupees.

Sign. of the Contractor Sign. of the Executive Engineer

ADDITIONAL PERFORMANCE SECURITY

[Clause34.1.(A)]

of contractor) (hereafter called “The Contractor”) has undertaken, in pursuance

of Contracts No. ------------------------- dates -------------------------- to execute ---

----------------------- (Name of Contract and brief description of Works)

(hereinafter called “The Contract”)

AND WHEREAS it has been stipulated by you in the said Contract that

the Contractor shall furnish you with a Bank Guarantee by a re cognized bank

for the sum specified therein as security for compliance with his obligation in

accordance with the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and

responsible to you on behalf of the Contractor, up to a total of-------------------

-----------------(amount of guarantee)(in words),such sum being payable in

types and proportions of currencies in which the Contract prices is payable,

and we undertake to pay you, upon your first written demand and without cavil

or argument, any sum or sums within the limits of---------------------------------

------------(amount of guarantee) as aforesaid without your needing to prove or

to show grounds or reasons for your demand for the sum specified therein.

We here by waive the necessity of your demanding the said debt from the

contractor before presenting is with the demand

We further agree that no change or addition to or other modification of the

terms of the Contract to of the Works to be performed thereunder or of any of

the Contract documents which may be made between your and the Contractor

shall in any way release us from any liability under this guarantee, and we

hereby waive notice of any such charge, addition or modifications.

This guarantee shall be valid until 28 days from the project completion date.

Signature and Seal of the guarantor--------------------------

Sign. of the Contractor Sign. of the Executive Engineer

BANKGUARANTEEFORADVANCEPAYMENT

InaccordancewiththeprovisionsoftheConditionsofContract,sub-clause

51.1(“Advance Payment”) ofthe abovementionedContract,-------------------------------

------------------- (name and addressofContractor)(hereinaftercalled ---------- “the

Contractor”)shalldepositwith (nameof

Employer)abankguaranteehisproperandfaithfulperformanceunderthesaid

ClauseoftheContractinanamountof----------------------------------- (amount ofGuarantee)*-

We,the ----------------------------------- (bankoffinancialinstitution),asinstructed

by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator

and not as Surety merely, the payment to ---------------------------------------- (name of

Employer) on his first demand without whatsoever rightof obligation on

ourpartandwithouthisfirstclaimtotheContractor, intheamountnotexceeding---

We further agree that no change or addition to or other modifications of the terms of the

Contractor or Works to be performed thereunder or of any of the Contract documents which

may be made between --------------------------------- (name of Employer) and the Contractor,

shall in any way release us from any liability under this guarantee, and we hereby waive

notice of any such change, addition or modifications.

This guarantee shall remain valid and in full effect from the date of the advance

payment under the Contract until -------------------------------------- (name of employer)