DESIGN AND CONSTRUCTION OF ESR (700000 Lit Capacity & 18m Height) Becharaji area at Becharaji for Bechar-Becharaji Nagarpalika, District: Mehsana.

DESIGN AND CONSTRUCTION OF ESR (700000 Lit Capacity & 18m

Height) Becharaji area at Becharaji for Bechar-Becharaji Nagarpalika,

District: Mehsana

BECHAR-BECHARAJI NAGARPALIKA

BECHAR-BECHARAJI

BECHAR-BECHARAJI NAGARPALIKA

BECHAR-BECHARAJI

STANDARD BIDDING DOCUMENT

NAME OF WORK :-

DESIGN AND CONSTRUCTION OF ESR (700000 Lit Capacity & 18m

Height) Becharaji area at Becharaji for Bechar-Becharaji Nagarpalika,

District: Mehsana

THE CHIEF OFFICER

BECHAR-BECHARAJI NAGARPALIKA

BECHAR-BECHARAJI

Sr No Section Description Page No

1 Invitation for Bid (IFB)

2 Section -1 Instructions to Bidders

3 Section -2 Qualification Information

4 Section -3 Conditions of Contract

5 Section -4 Contract Data

6 Section -5 Technical Specification

7 Section -6 Form of Bid

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

10 Section -9 Drawings

11 Section -10 Documents to be furnished by Bidder

INVITATION FOR BID

Notice Inviting On-Line Tender

Details about Tender : Tender Notice No.04 of

(Including as per Corrigendum)

Department No. : Urban Development and Urban Housing Department

Circle : Bechar-Becharaji Nagarpalika, Bechar-Becharaji

IFB No. / Tender Notice No. : 04 of

Name of Project : DESIGN AND CONSTRUCTION OF ESR (700000 Lit Capacity &

18m Height) Becharaji area at Becharaji for Bechar-Becharaji

Nagarpalika, District: Mehsana

Name of Work : DESIGN AND CONSTRUCTION OF ESR (700000 Lit Capacity &

18m Height) Becharaji area at Becharaji for Bechar-Becharaji

Nagarpalika, District: Mehsana.

Estimated Contract Value(INR) :

Period of Completion (in Months) : 09 Month

Bidding Type : Open

Bid Call (Nos) :

Tender Currency Settings : INR

Joint Venture : Not Applicable

Rebate : Not Applicable

Bidding Document Fee :

Bidding Document Fee Payable To : Chief Officer, Bechar-Becharaji Nagarpalika

Bid Security / EMD (INR) : 68500.00/- (in Form of FDR, Nationalized or Schedule Bank)

Bid Security / EMD In Favor Of : Chief Officer, Bechar-Becharaji Nagarpalika

Bid Document Downloading End Date : 22-04-2026 up to 18:00 Hrs.

Last Date & Time for Receipt : 22-04-2026 up to 18:00 Hrs.

(Submission) of Bids/Document

Bid Validity Period : 180 days from last date of uploading bid.

Submission of documents : Submission of tender Fee, EMD & other documents in

between 22-04-2026 to 30-04-2026 up to 18.00 Hrs.

Chief Officer, Bechar-Becharaji Nagarpalika and physical

Submission of original tender Fee, original EMD & other

documents up to 30-04-2026 18.00 Hrs.

Remarks : Hard Copy Accepted Separately 30-04-2026 18:00 Hrs

Bid Opening Date : Date: 01-05-2026 at 11:10 Hrs.(IF POSSIBLE)

Officer Inviting Bids : Chief Officer, Bechar-Becharaji Nagarpalika, Bechar-

Bid Opening Authority : Chief Officer, Bechar-Becharaji Nagarpalika, Bechar-

Address : Bechar-Becharaji Nagarpalika, Bechar-Becharaji

Contact Details : Tel.

General Terms and Condition

(1) Contractors Registered in Class “D” & Above with Roads and Building

Department of Government of Gujarat and above will be permitted to tender.

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

contractors. No two or more concern in which an individual is interested as

proprietor and / or a partner shall tender for the execution of the same work if they

do so, all such tender shall be liable to be rejected.

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

(3) Bidders have to submit bid in Electronic format only on n-procure website till the

Last Date & time for submission.

(4) Offers in physical form will not be accepted in any case.

(5) Free vendor training camp will be organized every Saturday between 4:00 to 5:00

P.M. at (n) code solutions-A Division of GNFC Ltd., Bidders are requested to take

benefit of the same.

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

valid Digital Certificate as per Information Technology Act-2000 using which they can sign

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

of India or can contact (n) code solutions- a division of GNFC Ltd, who are licensed Certifying

Authority by Govt. of India.

All bids should be digitally signed, for details regarding digital signature certificate and related

training involved the below mentioned address should be contacted:

(n)Code solutions

A division of GNFC

301, GNFC Info tower, Bodakdev,

Ahmedabad-380 054 (India)

E-mail: [email protected]

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

Special Condition:

 EMD should be in submitted only in form of FDR in favor of Chief Officer, Bechar-Becharaji Nagarpalika,

Bechar-Becharaji. EMD exemption certificate will not be accepted & without EMD in FDR tender reject without any

 Before starting of work and work progress photograph must be taken by contractor and submit in hard copy

and one soft copy in CD to chief officer, Bechar-Becharaji Nagarpalika with every bill submission without any

 One site engineer compulsory at site all the time when work in progress as well as Name & Contact number of

site engineer given to the Chief Officer, Bechar-Becharaji Nagarpalika for correspondent.

 Any defect on construction of Building work on site as working progress as well as after One year of

completion any defect in work, rectification of defect work by contractor to his own cost otherwise Security

deposit of contractor should be for-fitted

 Sign board of Name of work, estimated cost, Contractor name with date of staring & date of completion in size

as per instruction of Engineer in charge.

The contractor shall be liable to pay the royalty of the quarried materials / minerals used in the construction of

works at the rates specified in the Narmada Water Resources, Water Supply and Kalpsar Dept. Resolution No.

GEN-2010-595-(6) – M.I. Cell (k-1) Dtd. 29/4/2011 (Gujarati version, copy enclosed) and shall be recovered

from the running bills of the work from time to time to time and remaining amount if any shall be recovered

from the final bill before releasing the security deposit of the work.

The contractor shall furnished the statement showing the quantity of quarried materials / minerals from whom

purchased (with full address of the seller) and copies of the bills for purchase to the Chief officer of the in

charge of the work the contractor shall also furnish such additional information as regards royalty payments to

the competent authority.

(B) Additional security to be withheld for unbalance rates: Payments for the items where contractor has quoted

rate higher than 10% over estimated rates in the item.

If the contractor has quoted unbalanced rates for items i.e. more than 10 (Ten) percent of the overall

percentage of accepted tender. The payment of such items in the running bills will be made at estimated rate

of that item plus or minus overall variation percentage of the accepted tender plus five percent of the estimated

rate of that item, the balance amount as per accepted tender rate will be withheld from running bills and will be

released on satisfactory completion of work and the final bill. No interest will be payable for such with held

amount (R & B Department Circular No. PARCH/102008/(61) dated 27-11-2008).

(As per Circular no તકદાર એકમ/ઈ પેકશન ન ધ/૧૮૮ તા.૧૯/૩/૨૦૧૨)

1. Agency shall have to take insurance policy and intimate to Nagarpalika along with the evidence within time

limit. In case of non compliance entire responsibility shall be rest with the agency and required amount

shall be recovered from any due amount of the agency.

2. Nagarpalika can recover penalty amount from the agency for not taking the insurance. Though the penalty

amount is recovered, responsibility of the agency for taking insurance shall be continued and will not be

escaped from this responsibility.

INVITATION FOR BIDS

1.Nagarpalika is implementing:- DESIGN AND CONSTRUCTION OF ESR (700000 Lit Capacity & 18m Height)

Becharaji area at Becharaji for Bechar-Becharaji Nagarpalika, District: Mehsana

2. Nagarpalika invites sealed and super scribed bids from eligible bidders for DESIGN AND CONSTRUCTION OF

ESR (700000 Lit Capacity & 18m Height) Becharaji area at Becharaji for Bechar-Becharaji Nagarpalika, District:

Mehsana.Third party inspection for materials and execution of work will be carried out by approved agency of

GWSSB/GUDM as suggested by GOG and local body. The payment for third party inspection and PMC

Supervision is to be made by contractor.

3. Bidders may obtain further information from, and inspect and acquire the bidding documents, at:

The Chief Officer

Bechar-Becharaji Nagarpalika,

Bechar-Becharaji,

3. A complete set of bidding documents are available on web site. After online submission of tender, tender

fee, EMD and other documents regarding qualification are to be submitted to the above office before last

date of submission of documents. Tender fee will be paid in Demand Draft, which is non refundable

PROCEDURE OF E-TENDERING

Interested bidders can view these tender documents online nagarpalika.nprocure.com Bidders

who are interested in bidding in these tenders can download tender documents. Bidder shall pay tender

fee in form of account payee Demand Draft payable to the (1) for the work - The Chief officer, Bechar-

Becharaji Nagarpalika Bechar-Becharaji drawn on any nationalized bank or Schedule Bank

The intending bidders have to submit the following documents along with the Tender Fee and EMD.

1. The bidder should have minimum experience of Last Three years in the field of Similar work

Contractor should be registered with R&B in Class”D” & Above

2. Average Annual Financial turnover during the last 3 Years , ending 31 st March of the Previous Financial

year , should be at least 30% of the estimated cost

3. The bidder should have satisfactory Completed One similar nature of work for value equal to 40% of the

4. Current Calendar Year Solvency Certificate (20 % value of estimated cost put to tender only Gov. Bank

5. Bidder must be submitted PAN Card copy.

6. P.F Registration Number

7. G.S.T Registration Number

8. Last 3 year’s Income tax return files Copy.

9. EMD of tender cost (1.00%)

10. Tender Fees.

4.1 Special Condition: TPI Charge and PMC Supervision Charge Shall be deduct in each RA and Final Bill

5. Client Certificate. Bidders who wish to participate in this tender will have to register on

Nagarpalika.nprocure.com. Bidders who wish to participate in on line Enders will have to procure

Digital Certificate as per information technology Act – 2000 using which they can sign their electronic

bids. Bidders can procure the same from the below mentioned address & they will assist them in

procuring the same.

(n). Code Solution – A Division of GNFC Ltd.

301, GNFC Info Tower, S.G. Road, Bodakdev,

Mehsana – 380 054 (Gujarat).

Toll Free No. 18002331010 (Estn. No. 321).

Email: djkantharia@gnfc net www.ncodesolutions.com

Qualification requirements specifying financial capacity, technical, minimum acceptable levels with regards

to Bidder’s experience in relevant projects and other relevant factors such as work in hand, future

commitments and litigation history as given and described in the Appendix attached with Instruction to

Bidders will be evaluated first and those qualifying the criteria will be considered for further price

evaluation. Technical proposals, which are not substantially responsive, will be rejected. Sealed Price Bids of

the substantially responsive technical proposals will be opened in the presence of the Bidders.

6. A Demand Draft payable to Chief Officer, Nagarpalika Bechar-Becharaji issued by any nationalized bank or

Schedule Bank having a branch at Bechar-Becharaji. A fixed deposit receipt pledged in the name of Chief

Officer, Nagarpalika Siddhpur from any Nationalized Bank valid up to 28 days from the date of closure of the

bid validity period of 180 days. An unequivocal and unconditional Bank Guarantee in a format prescribed

under this document issued by a any nationalized bank, reputed Scheduled Bank except Co-operative bank

having a branch at Bechar-Becharaji and valid up to a period of 28 days from the date of closure of the bid

validity period of 180 days.(EMD exemption certificate will not be accepted)

7. Nagarpalika as an employer reserves its absolute and unchallengeable right to qualify or disqualify one

or all bidder by an objective & transparent system.

8. The Contractor shall be responsible for all the damages to the underground cables, power lines,

telephone lines, other water/sewer lines and other infrastructure facilities etc. while executing the

works under this contract and shall bear all costs relating to repairs/ replacements.

The contractor shall be responsible for failure of pipes, and ancillary equipments supplied and laid by

him during the full period of contract and the defect liability period of Three year from the date of

Completion The contractor shall have to replace defective/damaged/ nonstandard pipes and ancillary

materials as may be identified by the engineer in charge at the cost of the contractor. Security Deposit

will be released only after Completion of Defect Liability Period.

10. AAlll bbiiddddeerrss ppaarrttiicciippaattiinngg aass aa LLiim

miitteedd ccoom

mppaannyy,, FFiirrm

m oorr aa JJooiinntt VVeennttuurree w

wiilll hhaavvee ttoo aattttaacchh aa vvaalliidd ““PPoow

AAttttoorrnneeyy””iinntthheennaam e o f t h e p e rso n w h

me of the person who signs the bid. o sign s th e bid .

11. The Contractor will prepare and present interim/running and final bills.

12. On successful completion of works as per the contract and successful trial run for one month thereafter

contractor shall handover the works to Nagarpalika.

13. 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

14. The Bidder’s Scope of work SBC Report and Structure Design approved by Government Approved

Consultants No Extra Payment for SBC and Structure Design

The Chief Officer

Bechar-Becharaji Nagarpalika

Bechar-Becharaji

NATIONAL COMPETITIVE BIDDING

1. The Chief Officer, Bechar-Becharaji Nagarpalika, Bechar-Becharaji 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 No. Name of work Approximate Bid security Cost of Period of #Class of

value of (Rs.) document completion Registration /

works (Rs.) Category of

DESIGN AND CONSTRUCTION

04 of 2026 OF ESR (700000 Lit Capacity & 6809183.00 68500.00 2832.00 09 Month Class”D” and

18m Height) Becharaji area at Above Registration

Becharaji for Bechar-Becharaji

Nagarpalika, District: Mehsana

2. Prospective / Interested bidder may download the Bid Documents from web site https://tender.nprocure.com

free of cost till the Time and Date as mentioned on online NIT at website https://tender.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 Bechar-Becharaji and in favour of ‘The Chief Officer,

Bechar-Becharaji Nagarpalika, Bechar-Becharaji’. Once the Bid is received online, Bid Document / Tender

Fee will not be refundable.

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

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

mean that bid document / tender fee and Bid Security / EMD has been received. Accordingly, the offer of only

those shall be opened whose Bid Document / Tender Fee and Bid Security / EMD have been received

electronically. However, for the purpose of realization of Demand Draft, and FDR / Bank Guarantee bidder shall

send the same in original through R.P.A.D. so as to reach to ‘The Chief Officer, Bechar-Becharaji Nagarpalika,

Bechar-Becharaji within 7 Days from the last day of bid submission.

Penetrative action for not submitting Demand Draft / FDR / Bank Guarantee in original to The Chief

Officer / 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 online NIT at website

https://tender.nprocure.com in the presence of the bidders or their authorized representatives, who wish to

remain present.

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

next working day at the same time and venue.

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

………………………………………to clarify the issues and to answer questions on any matter that may be raised at

that stage as stated in clause 9.2 of ‘instructions to Bidders’ of the bidding documents.

6. Bid Security (EMD) is equal to 1% of Estimated Amount put to bid / tender and should be rounded off to the

next thousand rupees.

7. Total performance deposit will be 10% of value of work, out of which 5% will be as a security deposit and 5% will be

retention money. Initially 5% of value of work shall be deposited at the time of agreement and 5% retention money

will be recovered from R.A. bills. Amount of retention money recovered will be refunded on issue of completion

certificate and security deposit will be refunded after defect liability period of three year

8. 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

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

considered non-responsive.

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

checklist /qualification document / tender document.

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

at appropriate places only.

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

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

to be a ground / reason for not giving required information 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 authority.

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

For the works costing up to 7.5 crore (ROAD), 7.0 crore (BUILDING & BRIDGE) kindly refer to SSR-10-

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

documents shall be submitted in electronic format only through online by scanning and the (i) Bid Document

Fee / Tender Fee (ii) Bid Security / EMD should be sent in original to the Tender opening authority through

RPAD, so as to reach the Chief Officer, BECHAR-BECHARAJI Nagarpalika, within 7 days from last day of

submission of Bid.

Section 1: Instructions to Bidders

Table of Clauses

Page No. Page No.

A. General D. Submission of Bids

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

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

3. Eligible Bidders 8 21. Late Bids

4. Qualification of the 8 22. Modification and

Bidder Withdrawal of Bids

5. One Bid per Bidder

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

7. Site Visit 12 23. Bid Opening

B. Bidding Documents 25. Clarification of Financial

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

Documents Determination of

9. Clarification of Bidding 13 27. Correction of Errors

10. Amendment of Bidding 14 28. Deleted

29. Evaluation and Comparison

of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

12. Documents Comprising 15 F. Award of Contract

13. Bid Prices 15 31. Award Criteria

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

Payment any Bid and to Reject any

15. Bid Validity 16 33. Notification of Award and

Signing of Agreement

16. Bid Security 16 34. Performance Security

17. Alternative Proposals By 17 35. Advance Payment and

Bidders Security

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

37. Correct or Fraudulent

1. Scope of Bid

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

defined in these documents and referred to as ‘the works”) detailed in the table given in IFB.

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

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

specified in the Contract data.

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

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

2. Source of Funds

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

for centrally sponsored projects.

3. Eligible Bidders

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

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

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

consultant or any other entity that has prepared the design, specifications, and other

documents for the Project or being proposed as Project Manager for the Contract. A firm that

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

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

4. Qualification of the Bidder

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

description of the proposed work method and schedule, including drawings and charts, as

necessary. The proposed methodology should include a program of construction backed with

equipment planning and deployment duly supported with broad calculations and quality

assurance procedures proposed to be adopted justifying their capability of execution and

completion of work as per technical specifications, within stipulated period of completion.

4.5 QUALIFICATION CRITERIA:

(Applicable for the works which require Post Qualification)

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

regarding the Applicant’s general and particular experience, personnel and equipment

capabilities and financial positions, as demonstrated by the applicant’s responses in the forms

attached to the letter of application ( specified requirement for joint ventures are given under

para 4.6 below ) Subcontractors experience and resources shall not be taken in to account in

determining the applicants compliance with the qualifying criteria

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

resources sufficient to meet the aggregate of the qualification criteria for each contract given in

paragraphs 4.5.4, 4.5.5 and 4.5.9 below

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

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

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

Year Financial Year Multiplying factor

Base year of inviting tender 2024-2025

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

them without accounting for the above-mentioned factors.

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

above enhanced multiplying factors will not be applied. Instead, the current market exchange

rate (State Bank of India BC Selling rate as on the last date of submission of the bid) will be

applied for the purpose of conversion of the amount in foreign currency into India rupees.

4.5.3. General Experience.

The Applicant shall meet with the following minimum criteria:

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

and completed in all classes of civil engineering construction works only) in any one year,

over the last five years of the annual value of contract / contracts applied for.

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

Building works or road or bridge works (As Per) 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 to each joint venture in proportion to their

financial participation in the joint venture.

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

on the date of submission (i.e. gross value of work done up to the last date of submission is

90 % or more of the original contract price) and continuing satisfactorily.

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

incorporating clearly the name of the work, contract value, billing amount, date of

commencement of works, satisfactory performance of the contractor and any other

relevant information.

4.5.4. Personnel Capabilities.

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

4.5.5. Equipment Capabilities

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

attain the completion of works in accordance with the prescribed construction schedule are

shown in the Appendix.

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

detailed construction planning and methodology supported with layout and necessary

drawings and calculations to allow the employer to review their proposals. The numbers, types

and capacities of each plant/equipment shall be shown in the proposals along with the cycle

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

4.5.6. Financial Position

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

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

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

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

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

an estimated financial projection for the next two years, If necessary, the employer will make

inquiries with the applicant’s bankers.

4.5.8. Litigation History

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

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

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

4.5.9. Disqualification

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

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

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

reasons are attributable to the non – performance of the contractor; consistent history of

litigation awarded against the applicant or financial failure due to bankruptcy. The rescinding of

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

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

joint venture before the start of work, which are not attributable to the poor performance of the

contractor will, however, not affect the qualification of the individual partners.

#4.6 JOINT VENTURE: (Maximum 3 Members i.e. 1 Lead & 2 Others)

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

4.6.1. Joint ventures must comply with the following requirement:

(a) Following are the minimum qualification requirements:

(i) The lead partner shall meet not less than 50 percent of all criteria given in para 4.5.3 & 4.5.6

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

experience of the other joint venture partners shall be considered if it is not less than

percent of the qualifying criteria in para 4.5.3 & 4.5.6 above.

(ii) Individuallyeach member must satisfy the requirements of para 4.5.7 & 4.5.8 above.

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

with a copy of the joint venture agreement providing the joint and several liabilities with

respect to the contract.

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

as a partner in any other joint venture. In case dissolution of a joint venture, each one of the

constituent firms may qualify if they meet all the qualification requirements, subject to the

written approval of the Employer.

4.7. Bid Capacity.

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

bid capacity at the expected time of bidding is more than the total estimated cost of the works.

The available bid capacity will be calculated as under:

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

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

price level of the year indicated in appendix) taking into account the completed as well as

works in Progress.

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

completed during the next 09 Month ( period of completion of work for which bids are

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

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

partner to the extent of his proposed participation in the execution of the work.

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

disqualified if they have:

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

submitted in proof the qualification requirements; and / or

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

contract, inordinate delay in completion, litigation history, or financial failures etc.; and/ or

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

bid prices and could not furnish rational justification to the employer.

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

6. Cost of Bidding

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

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

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

Site of work and its surrounding and obtain all information that may be necessary for preparing

the Bid and entering a contract for construction of the Works.

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

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

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

accordance with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

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

compliance to section 2 will be prepared by him and furnished as Volume-V in two parts (refer

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

data, forms, terms, and 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 here of, bids which are not substantially responsive

to the requirements of the Bid Documents shall be rejected.

9. Clarification Bidding Documents

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

Employer in writing or through E-mail at the Employer’s address indicated in the invitation to

bid. The Employer will respond to any request for clarification which he received earlier than

15 days prior to the deadline for submission of bids. Employer’s response will be published

on website including a description of the enquiry but without identifying its source.

9.2. Pre-bid meeting

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

place at the address, venue, time and date as indicated in the appendix.

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

that may be raised at that stage.

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

Employer not later than 03 days before the meeting.

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

enquiry) and the responses given will be published without delay on the tender website i.e.

www.nprocure.com. Any modification of the bidding documents listed in sub-Clause

which may become necessary as a result of the pre-bid meeting shall be made by the

Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not

through the minutes of the pre-bid meeting.

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

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.

C. PREPARATION OF BIDS

11. Language of the Bid

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

12. Documents Comprising the Bid

12.1. The bid be submitted by the bidder as Volume V of the bid document (refer Clause 8.1) shall be

in two separate parts:

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

(i) Bid Security in the form specified in Section

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

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

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

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

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

(i) Form of Bid as specified in Section

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

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

as financial and must be submitted online only.

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

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

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

Bill of Quantities submitted by the Bidder.

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

items of the Works described in the Bill of Quantities along with total bid price (Both in figures

and words). Items for which no rate or price is entered by the bidder will not be paid for by the

Bill of Quantities.

13.3 GST Gr. No. Road & Building Department TNC/10-2022/457/C Dt-05/04/2022 As per the

recent guidelines, bidders must submit their tender prices exclusive of GST, which our office

include in the billing process.

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

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

(Irrespective of the time limit and Bid Amount)

14. Currencies of Bid and Payment

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

payments shall be made in Indian Rupees.

15. Bid Validity

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

submission specified in Clause

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

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

refuse the request without forfeiting his bid security. A bidder agreeing to the request will not

be required or permitted to modify his bid, but will be required to extend the validity of his

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

16. Bid Security

16.1. The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in column 4 of

the table of IFB for this particular work. This Bid security shall be in favor of Employer as

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

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

Guarantee is applicable only for Bid Estimated Amount of 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 / EMD Exemption Certificate issued by (1) Road & Building

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

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

Appropriate Class and Category of Approved Contractors is required as eligible criteria

16.2. Bank guarantees (and other instruments having fixed validity) issued as surety for the bid

shall be valid for 45 days beyond the validity of the bid i.e. total validity of 120+45 = 165 Days

16.3. Any bid not accompanied by an acceptable Bid Security and not secured as indicated in Sub-

Clauses 16.1 and 16.2 above shall be rejected by the Employer as non-responsive.

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

validity period specified in Sub-Clause

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

Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

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

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

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

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

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

maximum three times within the validity period for negotiation, If contractor does not

respond in time, his Bid Security (EMD) will be forfeited and his tender will be rejected.

Punitive action will be taken on such contractors. (As per 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

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

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

not later than the date indicated in appendix.

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

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

bidders previously subject to the original deadline will then be subject to the new deadline.

22. Modification and Withdrawal of Bids

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

or pursuant to Clause

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

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

expiration of the original period of bid validity specified in Clause 15.1 above or as extended

pursuant to Clause 15.2 may result in the forfeiture of the Bid security pursuant to Clause

E. BID OPENING AND EVALUATION

23. Bid Opening

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

22, in the presence of the Bidders or their representatives who choose to attend at time, date

and the place specified in Appendix in the manner specified in Clauses 20 and 23.3, In the event

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

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

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

with each bid will be announced. If the bid security furnished does not conform to the amount

and validity period as specified in the invitation for bid (ref. Column 4 and paragraph 3), and

has not been furnished in the form specified in Clause 16, the technical bid will not be opened.

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

with valid bid security will be taken up for evaluation with respect to the Qualification

information and other information furnished in part I of the bid pursuant to Clause 12.1.

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

with respect to any required clarification.

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

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

Committee will finalize the list of responsive bidders whose financial bids are eligible for

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

opened. The responsive Bidders’ names, the Bid 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 the opening.

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

accordance with Clause 23.4(iv) will be announced. The bids of only these bidders will be

opened. The responsive Bidders’ names, the Bid prices, the total amount of each bid, any

opened. The responsive Bidders’ names, the Bid 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 the opening.

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

shall be in order of Estimated amount of Bids from highest to lowest.

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

those present in accordance with Sub-Clause 23.6.

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

recommendations for the award of a contract shall not be disclosed to Bidders or any other

persons not officially concerned with such process until the award to the successful Bidder has

been announced. Any effort by Bidder to influence the Employer’s processing of Bids or award

decisions may result in the rejection of his Bid.

25. Clarification of Financial Bids

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

discretion, ask any Bidder for clarification of his Bid, including breakdowns of unit rates. The

request for clarification and the response shall be in writing or by e-mail, but no change in the

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

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

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

Bid opening to the contract is awarded. If the Bidder wishes to bring additional information to

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

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

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

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 into 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 into 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-

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

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

evaluated Bid Price; and

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

lowest evaluation in any of the packages opened earlier than the one consideration.

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

less than the evaluated bid price, even if the said bid is the lowest evaluated bid. The contract

will in such cases be awarded to the next lowest bidder at his evaluation bid price.

32. Employer’s Right to accept any Bid and to reject any or all Bids

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

cancel the Bidding process and reject all Bids, at any time prior to the award of contract,

without thereby incurring any liability to the affected bidder or Bidder or any obligation to

inform the affected Bidder or Bidders of the grounds for the Employer’s action.

33. Notification of Award and Signing of Agreement

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

expiration of the Bid validity period by cable, telex or facsimile confirmed by registered letter.

This letter (hereinafter and in the condition of contract called the “Letter of Acceptance”) will

state the sum that the Employer will pay the Contractor in consideration of the execution,

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

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

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

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

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

Bidder. It will be signed by the Employer and to the successful Bidder, within 28 days following

the notification of award along with the Letter of Acceptance. Within 21 days of receipt, the

successful Bidder will sign the Agreement and deliver it to the Employer.

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

promptly notify the other Bidders that their Bids have been unsuccessful.

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

(a) If the Contract Price offered by the Selected Bidder is lower than 10% but upto 20%

of the Estimated Project Cost, then the Additional Performance Security shall be

calculated @ 20% of the difference in the (i) Estimated Project Cost (as mentioned

in Bid Document) - Minus 10% of the Estimated Project Cost and (ii) Contract Price

offered by the selected 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

(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.

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.

APPENDIX TO ITB

Clause Reference

With respect to

1. The Name of the Employer is Bechar-Becharaji [ Cl.1.1]

Nagarpalika, Bechar-Becharaji

2. The last five years.

3. This Annual Financial Turnover Amount is (30%) [Cl.4.5.3 (a)]

This Amount (40%) for Single Similar Work

4. Value of Work is Rs.

6. The cost of electric work is Rs. NA

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

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

facilities is Rs. …………

9. Price level of the financial year 2024-25 [Cl. 4.5.2]

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

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

Officer, Bechar-Becharaji Nagarpalika, Bechar-

Date: 01-05-2026 at 11:10 Hrs. (If Possible)

12. Address of the Employer: The Chief Offcier , Bechar-

Becharaji Nagarpalika, Bechar-Becharaji

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

As stated on online NIT

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

The Chief Officer, Bechar-Becharaji Nagarpalika,

Bechar-Becharaji on Date: 01-05-2026 at 11:10 Hrs.

16. The Bank Draft in favor of

The Chief Officer, Bechar-Becharaji Nagarpalika,

Bechar-Becharaji Payable at Bechar-Becharaji

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 Multiplying factor

Base year of inviting 2025-26

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

[Reference CL. 4.5.5]

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

use on the work.

Sr. Plant or Location Age of Make Capacity Approximate Remark

No. Machinery Machinery Value

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

Employment of a qualified site Engineer by the Contractor.

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

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 Chief Officer-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.

QUALIFICATION INFORMATION

QUALIFICATION INFORMATION

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

of post qualification as provided for in Clause 4 of the Instruction to Bidders. This information will not

be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder

Place of registration _________________________________

Principal place of business _________________________________

Power of attorney of signatory of Bid

1.2 Total value of Civil engineering constructions 2024-2025

Work performed in the last five years 2022-2023

(in Rs. Lakhs) 2021-2022

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

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

described in the bid documents, provided further that all other qualification criteria are

satisfied (in the same name) on works of a similar nature over the last five years** and in

current year before the submission of the bid.

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

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

Employer (Rs. issue completion completion* reasons for

Crore) of delay &

order Completed

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

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

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

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

items of work described in the bid document, provided, further that all other qualification

criteria are called (in the same name and style) in the last five years** and in current year

before the submission of the bid.

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

the Employer Cement Masonry Plumbing Electrical (indicate

work Concrete Work Work contract Ref)

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

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

(A) Existing commitments and on-going works:

Description Place Contract Name & Value Stipulated Value of Anticipated

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

State Employer (Rs. Cr) Completion remaining to be completion

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

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

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

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

Item of Requirement Availability Proposals Remarks

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

to be procured Capacity Conditions to be

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 Experience Year of experience

(General) in the proposed

Project Manager

1.7 Proposed sub-contract and firms involved

Sections of the works Value of Sub- Sub-Contractor (Name Experience in similar

Contractor & Address) work

Attach copies of certificates on possession of valid license for executing water supply/ sanitary

work/ building electrification works.

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

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

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

(Name of Consultant engaged for project preparations is as per Nagarpalika Consultants

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

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

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR

AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

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

financial standing.

If the contract for the work, namely ________________________________ is awarded to the above firm,

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

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

the contract period.

Senior Bank Manager

Address of the Bank

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

attachments are true and correct.

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

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 or corporation

to furnish pertinent information deemed necessary and requested by the Department to

verify this statement or regarding any (our) competence and general reputation.

4. The Undersigned understands and agrees that further qualifying information may be

requested, and agrees to furnish any such information at the request of the Department/

Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

I, the undersigned do hereby undertake that our firm

M/s………………………………………………………..………………………….. would invest a minimum cash up to 25%

of the value of the work during implementation of the contract.

(Signed by an Authorized officer of the firm)

Title of officer

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A General Page D. Cost Control

1 Definitions 37 37 Bill of Quantities

2 Interpretation 38 38 Changes in the Quantities

3 Language and Law 39 39 Variations

4 Engineer’s Decisions 39 40 Payments for Variations

5 Delegations 39 41 Cash Flow Forecasts

6 Communications 39 42 Payment Certificates

7 Sub-Contractors 39 43 Payments

8 Other Contractors 39 44 Compensations Events

9 Personnel 40 45 Tax

10 Employer’s & Contractor Risk 40 46 Currencies

11 Employers Risks 40 47 Price Adjustment

12 Contractor’s Risk 40 48 Retention

13 Insurance 40 49 Liquidated damages

14 Site Investigations Reports 41 50 Bonus

15 Queries about the Contract 41 51 Advance Payment

16 Contractors to Construct the 41 52 Securities

17 The Works to be Completed By 41 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 41 54 Cost of Repair

20 Discoveries 42 E. Finishing the Contract

21 Possession of the Site 42 55 Completion

22 Access to the Site 42 56 Taking Over

23 Instructions 42 57 Final Account

24 Disputes 42 58 Operating and Maintenance

25 Procedure for Disputes

26 Deleted 43 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 44 62 Release from Performance

28 Extensions of the Intended

completion date

29 Deleted 44 F. Special Conditions of

30 Delays Ordered by The 44 63 Labour

Engineer 64 Compliance with labour

31 Management Meetings 45 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

CONDITIONS OF CONTRACT

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

but keep their defined meaning.

Bill of Quantities means the priced and completed Bill of Quantities forming part of

Compensation Events are those defined in Clause 44 hereunder

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

Engineer in accordance with Sub Clause

The Contract is the contract between the Employer and Contractor to execute,

complete and maintain the Works till the completion of Defects Liability Period. It consists

of the documents listed in Clause 2.3 below.

The Contract data defines the documents and other information which comprise the

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 Works.

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

person appointed and notified to the contractor to act in replacement of the Engineer) who is

responsible for supervising the Contractor, administering the Contract, certifying payments

due to the Contractor, issuing and valuing Variations to the Contract, awarding extensions of

time, and valuing the Compensations 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

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

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

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

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

incorporation in the works.

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

or chemical or biological functions.

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

Site Investigation Reports are those which were included in the Bidding documents

and are factual interpretive reports about the surface and subsurface conditions at the site.

Specifications means the Specifications of the works included in the Contract and any

modification or addition made or approved by the Engineer.

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

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

Possession Dates.

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

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

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

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

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

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

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

2. Interpretation

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

female or neuter and the other way around. Heading have no significance. Words have

their normal meaning under the language of the Contract unless specifically defined. The

Engineer will provide instructions clarifying queries about Conditions of Contract.

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

Contract to the Works, the Completion date, and Intended Completion Date apply to any

Section of the Works (other than references to the Completion Date and Intended

Completion date for the whole works)

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

(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

4. Engineers Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters

between the Employer and the Contractor in the role representing the Employer.

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

notifying the Contractor and may cancel any delegation after notifying the Contractor.

6. Communications

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

only when in writing. A notice shall be effective only when it is delivered (in terms of

Indian Contract Act).

7. Sub-Contracting

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

data, with the approval of the engineer but may not assign the Contract without the

approval of the Employer in writing. Subcontracting shall not alter the Contractor’s

obligations. Sub-contracting of supply or specific items of work is not allowed.

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

work to be subcontracted.

8. Other Contractors

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

authorities, utilities and the Employer between the dates given in the Schedule of other

Contractor. The Contractors shall as referto in the Contract Data, also provide facilities

and services for them as described in the Schedule. The employer may modify the

schedule of other contractors and shall notify the contractor of any such modifications.

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

as referred to in the Contract Data to carry out the functions stated in the Schedule or

other personnel approved by the Engineer. The Engineer will approve any proposed

replacement of key personnel only if their qualifications, abilities, and relevant

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

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

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

the person leaves the Site within seven days and has no further connection with the

work in the Contract.

10. Employer’s and Contractors Risks

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

Contractor carries the risks which these Contracts states are Contractors risk.

11. Employer’s Risks

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

affect the execution of the Works, the risks of war, hostilities, invasion, act of foreign

enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot

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

contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive.

12. Contractor’s Risks

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

which arise during and in consequence of the performance of the Contract other than the

excepted risks are the responsibility of the 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 insurance shall not be made without the approval of the

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

14. Site Investigation Report

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

to in the Contract Data, supplemented by any information available to the Bidder.

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

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

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 programmed 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 Site.

20. Discoveries

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

on the site is the property of the Employer. The contractor is to notify the engineer of

such discoveries and carry out the Engineer’s instructions for dealing with them.

21. Possession of the Site

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

of a part is not given by the date stated in the Contract Data the Employer is deemed to

have delayed the start of the relevant activities and this will be a Compensation Event.

21.2 If within 25% of the time limit of the project, 80% of possession of the site is not handed

over to the Contractor, then contractor/ Employer may fore-close the contract.

Contractor/Employer has to foreclose the work within 30 days after lapse of 25%-time

limit and after 30 days foreclosure option will be 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 located.

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

records relating to the performance of the Contractor and to have them audited by

auditors appointed by the Employer, if so required by 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 The Chief Officer (Higher Authority)within

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

Executive Committee of Bechar-Becharaji Nagarpalika.

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

of the Chief Officer, both the parties have to refer to the Chief Engineer concern

for the conciliation process.

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

of the Chief Officer, both the parties have to refer to the the Executive Committee of

Bechar-Becharaji Nagarpalika. 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 stop the

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the arbitration procedure stated

in the Special Conditions of Contract.

B. TIME CONTROL

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

for approval a Programme showing the general methods, arrangements orders, and

timing for all the activities in the works along with monthly cash flow forecast.

27.2 An update of the Programme shall be a programmed 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 program meat

intervals no longer than the period stated in the Contract data. If the Contractor does not

submit an updatedprogramme 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 21 days communicate to the engineer the acceptance or otherwise

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

not grant the extension and the contractor may refer the matter under Clause

30. Delays Ordered by the Engineer

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

within the works.

31. Management Meetings

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

meeting. The business of a management meeting shall be to review the plans for

remaining work and to deal with matters raised in accordance with the early warning

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

of his record to those attending the meeting and to the Employer. The responsibility of

the parties for actions to be taken is to be decided by the Engineer either at the

management meeting or after the management meeting and stated in writing to all who

attended the meeting.

32. Early Warning

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

future events or circumstances that may adversely affect the quality of the work,

increase the Contract price or delay the execution of works. The Engineer may require

the contractor to provide an estimate of the expected effect of the future event or

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

by the Contractor as soon as reasonably possible.

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

for how the effect of such an event or circumstance can be avoided or reduced by anyone

involved in the work and in carrying out any resulting instruction of the Engineer.

C. QUALITY CONTROL

33. Identifying Defects/ Defect liability period

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

his own expense any defect which may develop or may be noticed before the period

mentioned hereunder from the certified date of completion. The Engineer in charge shall

give the contractor a notice in writing about the defects and the contractor shall make

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

the contractor, the Engineer-in-charge may rectify or remove or re-execute the work at

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

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

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

shall be as under….

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

Months from the certified date of completion.

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

the period shall be 12 (Twelve) months from the certified date of completion or one

monsoon, whichever is later.

(c) For major projects costing more than Rs. 1 crore, the period shall be 36 Months from the

certified date of completion which should include three monsoons.

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

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

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

PRCH/102013(2976) 2759-N, Dated 27/05/2013 and Circular No.TNC/10/2016/Clause

17A (Correction/(1)C Dated 12/05/2016]

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

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

date of completion.

(c) In case of widening of the road/strengthening of the road/bridge, the contractor shall

have to give four years free maintenance guarantee from the certified date of completion.

During this period the contractor shall visit the site every six months along with the

concerned The Chief Officer 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 during the

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

coating as per tender item as directed by the Engineer-in-charge. The amount equivalent

to 5% of each running bill shall be withheld and will be released after the free

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

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

pledged in the name of The Chief Officer after completion certificate of work is issued.

(1) The flakiness and elongation index (combined) for coarse aggregates under no

circumstances shall exceed the allowable limit set forth in the relevant clause for the

material in question.

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

miscellaneous items like earthwork in embankment / cutting for side shoulders, side

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

by the contractor. After completion of the miscellaneous items, the above said 2%

withheld amount shall be released.

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

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

letter No.: SSR/10/2015-16/26/C, Dtd. 26/11/15 for the work costing more than Rs.

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

The contractor shall have to set up the laboratory with adequate equipment. Till the

setting up of adequate laboratory is completed & reported of this to the engineer (subject

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

shall be withheld. The qualified quality Engineer shall be deployed exclusively for this

contract by the contractors. If quality Engineer is not deployed by contractor within one

month after the date of work order, the amount equivalent to Rs.20,000 per month shall

be recovered till the actual deployment of quality engineer. The amount so recovered

towards the deployment of quality engineers shall not be refunded.

(5) Asphalt work will have to be cross checked as per G.R. No.: RGN/60/2006/35/C,

dtd.31/05/07 before final bill is paid.

(6) Maintenance during Construction Period

During the Construction Period, the Contractor shall maintain, at his own risk and cost, the

existing lane(s) of the road so that the traffic worthiness and safety thereof are at no time

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

Agreement, and shall undertake the necessary repair and maintenance works for this

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

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

and conforms to Good Industry Practice; provided further that such interruption and

diversion shall be undertaken by the Contractor only with the prior written approval of

The Chief Officer 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.

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

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

Contractor shall pay for the test and any samples. If there is no defect the test shall be a

Compensation Event.

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

testing the quality of material workmanship, irrespective of actual charges.

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

the work for this purpose agency shall construct a pukka laboratory building with all

facility on site at location specified by the engineer in charge.

35. Correction of defects

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

defects Liability Period, which begins at Completion and is defined in the contract data.

The Defects Liability Period shall be extended for as long as Defects remain to be

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

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

36. Uncorrected Defects

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

notice, the Engineer will assess the cost of having the Defect corrected, and the

Contractor will pay this amount.

D. COST CONTROL

37. Bill of Quantities

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

Testing and commissioning work to be done by the Contractor.

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

the quantity of the work done at the rate in the Bill of Quantities for 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 Programme 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 out as under.

(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 Executive

Committee of Bechar-Becharaji Nagarpalika as to the nearest comparable item shall be

final and binding on the contractor.

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

carried out at the rate entered in the Schedule of Rates of the division for the year in

which the tender was received, increased or decreased by the percentage by which the

tender amount is more or less as compared to the amount arrived at the rates in the

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

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

or decrease of the tender shall be calculated considering such items which were included

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

item the rate to be charged would be the basic rate taken into account for fixing the rate

in S.O.R. referred to above.

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

carried out at the rate decided by the competent authorities on the basis of detailed rate

analysis after hearing the contractor before a Executive Committee of Bechar-Becharaji

Nagarpalika stationed at the same place or the nearest place.

40.2 If the additional or altered work, for which no rate is entered in the “Schedule of Rates”

of the Division is ordered to be carried out before the rate is agreed upon, then the

contractor shall within seven days of the date of receipt by him of the order to carry out

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

for such class of work and if the Engineer in charge does not agree to this rates, he shall

by notice in writing be at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider it advisable, provided always

that if the contractor shall commence work or incur any expenditure in regard thereof

before the rates shall have been determined as lastly herein before mentioned, then in

such cases he shall only be entitled to be paid in respect of the work carried out or

expenditure incurred by him prior to the date of the determination of the rate as

aforesaid according to such rate or rates as shall be fixed by the Engineer-in-charge. In

the event of the dispute, the decision of the Executive Committee of Bechar-Becharaji

Nagarpalika 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 programmed 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 14 days and certify

the amount to be paid to the Contractor after taking into accountancy credit or debit for

the month in question in respect of materials for the works in the relevant amounts and

under conditions set forth in sub-clause 32.3 of the Contract Data (secured Advance).

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

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

Bill of Quantities completed.

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

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

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

recoveries in terms of the contract and taxes at source, as applicable under the law. The

Employer shall pay the Contractor the amounts certified by the Engineer within 28 days

of the date of each certificate.

43.3 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 Contractor:

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

stated in Contract data to the Contractor

44.2 In case of compensation event occurs and it prevents the work being completed beyond

the Intended Completion Date then Authority will approve EOT with eligible contractual

price escalation.

45.1 Gst Gr. No.Road & Building Department TNC/10-2022/457/C Dt-05/04/2022 As per the

recent guidelines, bidders must submit their tender prices exclusive of GST, which our

office include in the billing process.

46. Currencies.

46.1 All payment shall be made in Indian Rupees.

47. Price Adjustment

47.1 Contract price shall be adjusted for increase or decrease in rates and price of labour,

materials, fuels and lubricants in accordance with the following principles and

procedures and as per formula given in the contract data:

(a) The price adjustment shall apply for the work done from the start date given in the

contract data up to end of the initial intended completion date or extensions granted

by the Engineer and shall not apply to the work carried out beyond the stipulated

time for reasons attributable to the contractor.

(b) The price adjustment shall be determined during each month from the formula given

in the contract data.

(c) Following expressions and meanings during to the work done during each month

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 forworks executed

under variations for which price adjustment will be worked separately based on the

terms mutually agreed.

47.2 To the extent that full compensation for any rise or fall in costs to the contractor is not

covered by the provisions of this or other clause in the contract, the unit rates and prices

included in the contract shall be deemed to include amounts to cover the contingency of

such other rise or fall in costs.

48.1 The Employer shall retain from each payment due to Contractor the proportion stated in

the Contract Data until Completion of the whole of the Works.

48.2 On Completion of the whole of the Works half the total amount retained is repaid to the

48.2 On Completion of the whole of the Works half the total amount retained is repaid to the

Contractor and half when the Defects Liability Period has passed and the Engineer has

certified that all Defects notified by the Engineer to the Contractor before the end of this

period have been corrected.

48.3 On completion of the whole works, the contractor may substitute retention money with

an “on demand” Bank guarantee.

In case, Contractor requests for refund of the Retention Money deducted by the

Employer under the provision of this clause, Employer shall consider the said request of

the Contractor provided that the refund hereunder shall be made in tranches of not less

than 1% (One Percent) of the Contract Price and Contractor furnishes an irrevocable and

unconditional Bank guarantee for an equal amount substantially in the format of Bank

Guarantee for Performance Guarantee enclosed with SBD and valid up to 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 the total value of work executed substantially in

the format of Bank Guarantee for Performance Guarantee enclosed with SBD and valid

up to 60 days beyond the Defect Liability Period and yet refund the Retention Money

Bank Guarantee submitted for refund of Retention Money.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated

in the Contract Data for each day that the Completion Date is later than the Intended

Completion Date (for the whole works or the milestone as stated in the contract data).

The total amount of liquidated damages shall not exceed the amount defined in the

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 the works on from any other of his obligations and liabilities

under the contract.

49.4 If, before the Time for Completion of the whole of the Works or, if applicable any

Section, a Taking Over Certificate has been issued for any part of the Works or of a

Section, the liquidated damages for delay in completion of the remainder of the Works or

of that Section shall, for any period of delay after the date stated in such Taking-Over-

Certificate, and in the absence of alternative provisions in the Contract, be reduced in the

proportion which the value of the part so certified bears to the value of the whole of the

Works or Section, as applicable. The provisions of this Sub-clause shall only apply to the

rate of liquidated damages and shall not affect the limit thereof.

50.1 If the contractor achieves completion of the whole of the works prior to the intended

Completion Date prescribed in Contract Data the Employer shall pay to the contractor a

sum stated in Contract Data as bonus for every completed month but subjected to

maximum amount as stated in Contract Data; which shall elapse between the date of

completion of all items of works as stipulated in the contract, including variations

ordered by the Engineer and the time prescribed in Clause

50.2 Bonus shall be paid only to works amounting to above INR 5 crore with time limit of the

works is equal or more than 6 months. The bonus would be paid as under

% of Time Saved % of Initial Contract Price

entitled for Bonus

Less than 10% 0%

51. Advance Payment.

51.1 The Employer shall make advance payment (not to be paid less than two installments

except in special circumstances for which the reason to be Recorded in writing) to the

Contractor of the amounts stated in the Contract Date by the date stated in the Contract

Date, against provision by the Contactor of an Unconditional Bank Guarantee in a form

and by a bank acceptable to the Employer in amounts and currencies equal to be at least

110% of the advance payment. The guarantee shall remain effective until the advance

payment has been repaid, but the amount of the guarantee shall be progressively

reduced by the amounts repaid by the Contractor. The Mobilization advance would be

deemed as interest bearing advance at an interest rate of 10 % to be compounded,

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 60 days from the date of expiry of Defects Liability Period and the additional

security for unbalanced bids shall be valid until a date 28 days from the date of issue of

the certificate of completion.

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the

Start date and the end of Defects Correction periods shall be remedied by the Contractor

at the Contractor’s cost if the loss or damages arises from the Contractor’s acts or

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 the total amount

57.1 The Contractor shall supply to the Engineer a detailed final account of the total amount

that the Contractor considers payable as full and final settlement 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 (L1 becoming L2) on account of excesses and

savings in final account is observed, the Engineer/Employer shall be at liberty to restrict

the final payment of BOQ items to the lowest amount evaluated of the bids considering

the final quantities and the rates quoted including the rebates if any. Payment of

variation items shall however be made at the rates approved by the Employer, within

days from the physical completion of work.

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and/or operating and maintenance manuals are required, the

Contractor shall supply them by the dates stated in the Contract data.

58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in

the Contract data, or they do not receive the Engineer’s approval, the Engineer shall

withhold the amount stated in the Contract Data from payments due to the Contractor.

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the other party causes a

fundamental breach of the Contract.

59.2 Fundamental breaches of Contract include, but shall not be limited to the following:

1. The contractor stops work for 28 days when no stoppage of work is shown on the

current programme and the stoppage has not been authorized by the Engineer

2. The Engineer instructs the Contractor to delay the progress of the Works and the

instructions is not withdrawn within 28 days;

3. The Employer or the Contractor is made bankrupt or goes into liquidation other than

for a reconstructions or amalgamation

4. A payment certified by the Engineer is not paid by the Employer to the Contractor

within 56 days of the date of the Engineer’s certificate

5. The Engineer gives Notice that failure to correct a particular Defect is a fundamental

breach of Contract and the Contractor fails to correct it within a reasonable period of

time determined by the Engineer;

6. The Contractor does not maintain a security which is required;

7. The Contractor has delayed the completion of works by the number of days for which

the maximum amount of liquidated damages can be paid as defined in the Contract

8. If the Contractor, in the judgment of the Employer has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract.

For the purpose of this paragraph: “corrupt practice” means the offering, giving,

receiving or soliciting of anything of value to influence the action of a public official in

the procurement process or in contract execution. “Fraudulent practice” means a

misrepresentation of facts in order to influence a procurement process or the execution

of a contract to the detriment of the borrower, and includes collusive practice among

Bidders (prior to or after bid submission) designed to establish bid prices at artificial

non-competitive levels and to deprive the Borrower of the benefits of free and open

59.3 When either party to the Contract gives notice of a breach of contract to the Engineer for

a cause other than those listed under Sub Clause 59.2 above, the Engineer shall decide

whether the breach is fundamental or not.

59.4 Notwithstanding the above, the employer may terminate the Contract for 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

in the Contract data. Additional Liquidated Damages shall not apply. If the total amount

due to the Employer exceeds any payment due to the Contractor the difference shall be a

debt payable to the Employer.

60.2 If the Contract is terminated at the Employer’s convenience or because of a fundamental

breach of Contract by the Employer, the Engineer shall issue a certificate for the value of

the work done, the cost of balance material brought by the contractor and available at

site, the reasonable cost of removal of equipment, repatriation of the Contractor’s

personnel employed solely on the works, and the Contractor’s cost of protecting and

securing the Works and less advance payment received up to the date of the certificate,

less other recoveries due in terms of the contract and less taxes due to deducted at

source as per applicable law.

61.1 All materials on the Site, Plant Equipments, Temporary Works and Works are deemed to

be property of the Employer, if the Contract is terminated because of a Contractor’s

62. Release from Performance

62.1 If the Contract is frustrated by the outbreak of war of by any other event entirely outside

the control of either the Employer or the Contractor the Engineer shall certify that the

Contract has been frustrated. The Contractor shall make the Site safe and stop work as

quickly as possible after receiving this certificate and shall be paid for all work carried

out before receiving it and for any work carried out afterwards to which commitment

F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract, make his own

arrangements for the engagement of all staff and labour, local or other, and for their

payment of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the Engineer a return

in detail, in such form and at such intervals as the Engineer may prescribe, showing the

staff and the numbers of the several classes of labour from time to time employed by the

Contractor on the site and such other information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub-contractor shall

abide at all times by all existing labour enactments and rules made thereunder,

regulations, notification and bye laws of the State or central Government or local

authority and any other labour law (including rules), regulations, bye laws that may be

passed or notifications that may be issued under any labour law in future either by the

State or the Central Government or the local authority. Salient features of some of the

major labour laws that are applicable to the construction industry are given below. The

Contractor shall keep the Employer indemnified in case any action is taken against the

Employer by the competent authority on account of contravention of any of the

provisions of any Act or rules made thereunder, regulations or notifications including

amendments. If the Employer is caused to pay or reimburse, such amounts as may be

necessary to cause or observe, or for observance of the provisions stipulated in the

notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the

part of the Contractor, the Engineer/employer shall have the right to deduct any money

due to the Contractor including his amount of performance security. The

Employer/Engineer shall also have the right to recover from the Contractor any sum

required or estimated to be required for making good the loss or damage suffered by the

The employees of the Contractor and the Sub-Contractor in no case shall be treated as

the employees of the Employer at any point to time.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS WORK

A) Workmen Compensation Act 1923 :- The Act provides for compensation in case of injury

by accident arising out of and during the course of employment.

B) Payment of Gratuity Act. 1972 :- Gratuity is payable to an employee under the Act on

satisfaction of certain conditions on separation if an employee has completed 5 years

service or more on death, the rate of 15 days wages for every completed year of service. The

Act is applicable to all establishments employing 10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952:- The Act Provides for monthly

contributions by the employer plus workers @ 10% or 8.33% The benefits payable under

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 contractlabour 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

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

G) Payments of wages Act 1936:- It lays down as to by what date the wages are to be paid,

when it will be paid and what deductions can be made from the wages of the workers.

H) Equal remunerations Act 1979 :- The Act provides for payment of equal wages for work

of equal nature to Male and Female workers and for not making discrimination against

female employees in the matter of transfer, training and promotions etc.

I) Payments of Bonus Act 1965 :- The Act is applicable to all establishments employing

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 liabilities.

M) Child Labour (Prohibition & Regulation Act 1986 :- The Act prohibits employment of

children below 14 years of age in certain occupations and process and provides for

regulation of employment of children in all other occupations and processes. Employment

of Child labour is prohibited in Building and Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions of service)

Act 1979:- The Act is applicable to an establishment which employs 5 or more inter-state

migrant workmen through an intermediary (who has recruited workmen in one state for

employment in the establishment situated in another state).The inter-state migrant

workmen, is an establishment to which this Act becomes applicable, are required to be

provided certain facilities such as housing, medical aid, traveling expenses from home upto

the establishment and back, etc.

O) The Building and Other Construction workers (Regulation of employment and

Conditions of Service) Act 1996 and the Cess Act of 1996:- All the establishments who

carry on any building or other constructions work and employ 10 or more workers are

covered under this Act.

All such establishments are required to pay cess at the rate not exceeding 2% of the cost of

construction as may be modified by the government. The Employer of the establishment is

required to provide safety measures at the Building or construction work and other

welfare measures, such as canteens, First Aid facilities, Ambulance, Housing

accommodations for workers near the workplace etc. The Employer to whom the Act

applies has to obtain a registration certificate from the Registering Officers appointed by

the Government.

P) Factories Act 1948 :- The Act lays down the procedure for approval of plans before setting

up a factory, health and safety provisions, welfare provisions, working hours, annual

earned leave and rendering information regarding accidents or dangerous occurrences to

designated authorities. It is applicable to premises employing 10 persons or more with aid

of power or 20 or more persons without the aid of power engaged in the manufacturing

Q) Royalty charges-The contractor shall pay the royalty to the competent authority as

per rule. The royalty charges paid shall be borne by the contractor and shall not be

reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof from time to

time shall be applicable.

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management plan for

best energy use, waste management, the reduction of pollution as in EMS

(Environmental Management system)ISO-14001-2015

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

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

the authority given to the Engineer by the Contract or that the decision was wrongly

taken, the decision shall be referred to The Executive Committee of Bechar-Becharaji

Nagarpalika (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 Executive Committee of Bechar-Becharaji

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

the Chief Officer, both the parties have to refer to the Committee concerned for the

conciliation process.

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

decision of The Chief Officer, both parties have to refer to the Executive Committee

of Bechar-Becharaji nagarpalika process.

If the dispute is not resolved through the conciliation process, contractor may

refer the dispute to Gujarat Public Works Contract Dispute Arbitration Tribunal. If

the Contractor fails to refer a claim / dispute to the Higher Authority within 14 days

of the notification of the Engineer's decision, the Contractor shall not be entitled to

any additional payment/claim if he doesn’t follow the above sequence in stipulated

time. However,during such period,he would not stop the work in any case.

Clause Reference With respect To

Item marked “N/A” do not apply to this Contract.

1. The Employers is [CL.1.1]

Name: The Chief Officer,Bechar-Becharaji Nagarpalilka

Address: Bechar-Becharaji, Gujarat

Name of authorized Representative The Chief Officer, Bechar-

Becharaji Nagarpalika ,Bechar-Becharaji

2. The Engineer is Municipal Engineer, Bechar-Becharaji

Nagarpalika, Bechar-Becharaji.

Name of Authorized Representative: Mr.

3. The Defects Liability Period is 3 (Three) years from the date of [CL.1.1&33]

4. The Start Date shall be 1st days for the date of issue of the Notice [CL.1.1]

to proceed with the work.

5. The Intended Completion Date for the whole of the works is [CL.1.1,17&2]

3 Months after start of work with the following milestones:

Milestone dates: [CL.2.2& 49.1]

Physical works to be completed Period from the start date

Milestone 1 i.e. 10% days.

Milestone 2 i.e. 40 % days.

Milestone 3 i.e. 80% days.

Milestone 4 i.e. 100% days.

6. The Site is located at As per name of Work, Ta. Bechar- [CL.1.1]

Becharaji, Dist.: Mehsana

7. The name and identification number of the Contract is: DESIGN [CL.1.1]

AND CONSTRUCTION OF ESR (700000 Lit Capacity & 18m Height)

Becharaji area at Becharaji for Bechar-Becharaji Nagarpalika,

District: Mehsana

8. The works consist With items as per B.O.Q. The works shall, inter [CL.1.1]

alia, include the following, as Specified, or as directed:

Site clearance; setting – out and layout; widening of existing

carriageway and strengthening including camber corrections;

construction of new road/ Parallel service road; bituminous pavements

remodeling/construction of Junctions, intersections, bus bays, lay-bays;

supplying and placing of drainage Channels, flumes, guard posts and

guard other related items; construction/extension of cross drainage

works, bridge, approaches and other related stones; protective works

for roads/bridge; all aspects of quality assurance of various

components of the works; rectification of The defects in the completed

works during the Defects Liability Period; submission of “As- built’’

drawings and any other related documents; and other item of work as

may be required to be carried out for completing the work in

accordance with the drawings and the provisions of the contract and to

(B) Bridge Works

Site clearance; setting out, provision of foundations, piers abutments

and bearing; prestressed/reinforced cement concrete superstructure;

wearing coat, hand railings, expansion joints, approach slabs, drainages

spouts/ downtake pipes, arrangements for fixing light posts, water

mains, utilities etc; provision of suitably designed protective works;

providing wing/return walls; provision of road markings, road signs

etc.; all aspects of quality assurance; clearing the site and handing over

the works on completion; rectification of the defects during the Defects

Liability Period and submission of “As-built” drawings and other

related documents; and other items of work as may be required to be

carried out for completing the works in accordance with the drawings

and the provisions of the contract and to Insure safety

(C) Other Items [CL.1.1]

Any Other Items as required to fulfill all contractual obligations as per the Bid

10. The following documents also form part of the Contract: [CL.2.3(9)]

11. The law which applies to the Contract is the law of Union of India [CL.3.1]

12. The language of the Contract documents is English [CL.3.1]

13. Limit of subcontracting 25% of the Initial Contract Price [CL.7.1]

14. The Schedule of Other Contractors [CL.8]

15. The Schedule of Key Personnel As per Annex – II to Section I [CL.9]

16. The minimum insurance cover for physical property, injury and death [CL13]

is Rs. 5 lakhs per occurrence with the number of occurrences limited

to four. After each occurrence, the contractor will pay an additional

premium necessary to make insurance valid for four occurrences

17. Site Investigation report [CL.14]

18. The Site Possession dates shall be from the issue of Latter of Work [CL.21]

19. The period for submission of programme for approval of the engineer [CL. 27.1]

shall be 21 days from the issue of Letter of Acceptance.

20. The period between program updates will be 15days. [CL.27.3]

21. The amount to be withheld for late submission of an updated [CL. 27.3]

programme shall be Rs.

22. The following events shall also be Compensation Events [CL. 44]

Substantially adverse ground conditions encountered during the

course of execution of work not provided for in the bidding document.

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring additional

mobilization by the contractor, e.g. ordinary soil to rock

(iii) Removal of unsuitable material like marsh, debris dumps, etc.

not caused by the contractor.

(iv) Artesian conditions

(v) Seepage, erosion landslide

(vi) River training requiring protection of permanent work

(vii) Presence of historical, archeological, or religious structures,

monuments interfering with the works

(viii) Restriction of access to ground imposed by civil, judicial, or

military authority

23. The currency of the Contract is Indian Rupees [CL. 46]

24. The formula (e) for adjustment of prices are as under: [CL.47]

 If any of the commodities like Cement, Steel or Bitumen are not

found applicable in a work, the weight component of that

commodities {i.e. ‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen' (Pb) as

indicated in SBD for the purpose of Price Adjustment} shall be

clubbed with the weight component of ‘Other Material’ (Pm), such

that the gross % weight of the components shall remain as 100% .

R = value of work as defined in Clause 47.1 of Conditions of Contract

Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost due to

labour shall be paid in accordance with the following formula:

VL = Increase or decrease in the cost of work during the

month under consideration due to changes in rates for

L0 =The consumer price index for industrial workers for the

State on 28 days preceding the scheduled date of

opening of technical Bids as published by Labour

Bureau, Ministry of Labour, Government of India

Li = The consumer price index for industrial workers for the

State for the month under consideration as published by

the Labour Bureau, Ministry of Labour, Government of

Pl = Percentage of labor component of the work.

Adjustment for cement component.

(ii) Prices adjustment for increase or decrease in the cost of

cement procured by the contractor

Vc = Increase or decrease in the cost of work during the

month under consideration due to changes in rates

C0 = The all India wholesale price index for Ordinary

Portland Cement on 28 days preceding the

scheduled date of opening of technical bid as

published by the Office of the Economic Adviser,

Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Ci = The all India average wholesale price index for Ordinary

Portland Cement for the month under consideration as

published by Office of the Economic Adviser,

Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Pc = Percentage of cement component of the work

Adjustment for steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured by the contractor

shall be paid in accordance with the following formula

Vs= Increase or decrease in the cost of work during the month under consideration due to

changes in the rates for steel

So= The all India wholesale price index for steel (Mild Steel - Long ProductsRebars) on 28 days

preceding the date of opening of Bids as published by the Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade, Ministry of Commerce & Industry.

Si= The all India average wholesale price index for steel (Mild Steel - Long Products Rebars) for

the month under consideration as published by Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade, Ministry of Commerce & Industry.

Ps = Percentage of steel component of the work

Note : For the application of this clause, the index of Mild Steel- Long products Rebars

has been chosen to represent the steel group.

Adjustments of bitumen component

(iv) Price adjustment for increase in the cost of bitumen shall be paid in accordance

with the following formula

Vb = Increase or decrease in the cost of work during the month under

consideration due to changes in rates for bitumen.

Bo = The official retail price of bitumen at the IOC depot at the nearest centre on

the day 28 days prior to the scheduled date of opening of technical bid.

Bi = The official retail price of bitumen of IOC depot at the nearest centre for the

15th day of the month under consideration.

Pb = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

(v) Price adjustment for increase or decrease in cost of POL (fuel and lubricant) shall

be paid in accordance with the following formula

Vf = Increase or decrease in the cost of work during the month under

consideration due to changes in rates for fuel and lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at the existing consumer

pumps of IOC at the nearest centre on the day 28 prior to the date of opening of

Fi = The official retail price of HSD at the existing consumer pumps of IOC at the

nearest centre for the 15th day of the month of the under consideration.

Pf = Percentage of fuel and lubricants component of the work

Note: For the application of this clause, the price of High-Speed diesel Oil has been

chosen to represent the fuel and lubricants group.

Adjustment for Construction Machinery

(vi) Price adjustment for increase or decrease in the cost of plant and Machinery

spare procured by the Contractor shall be paid in accordance with the following

Vp= Increase or decrease in the cost of work during the month under

consideration due to changes in rates for plant and machinery spares

P0 = The all India wholesale price index formanufacturer 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 formanufacturer of machinery

for mining, quarrying and Construction for the month under consideration as

published Office of the Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce & Industry.

Pp = Percentage of plant and machinery spares component of the work.

Note: For the application of this clause, index of Heavy Machinery and parts has been

chosen to represent the Plant and Machinery Spares group

Adjustment of other materials Component

(vii) Price adjustment for increase or decrease in cost of local materials other than

cement, steel, bitumen and POL procured by the contractor shall be paid in

accordance with the following formula

Vm = Increase or decrease in the cost of work during the month under

consideration due to change in rates for local materials other than cement, steel,

bitumen and POL.

M0 = The All Indian wholesale price index (all commodities) on 28 days

preceding the scheduled date of opening of technical Bids, as published by the

Office of the Economic Adviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

Mi= The All India wholesale price index (all commodities) for the month under

consideration as published by the Office of the Economic Adviser, Department

for Promotion of Industry and Internal Trade, Ministry of Commerce &

Pm = Percentage of local material components (other than cement, steel, bitumen

and POL) of the work.

The following percentage will govern the price adjustment for the entire contract:

6 Plant & Machinery Spares Pp

7 Plant & Machinery Spares Pp

25. The proportion of payments retained (retention money) shall be 6% {CL. 48}

from each bill subject to a maximum of 5% of final contract price.

26. Amount of Liquidated damages for For Whole of work {CL.49}

delay in completion of works (1/2000)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.

27. Maximum limit of liquidated damages 10 percent of the Initial {CL. 49}

For delay in completion work Contract Price rounded off to

the nearest thousand

28. Amount of Bonus for early completion Amount of bonus for early

completion of work shall be given

as per CL.50 of Section-3

29. Maximum limit of bonus for early 5 percent of the Contract {CL. 50}

Completion of work Price

30. The amount of the advance payment are: {CL. 51 & 52}

#Nature of Advances Amount (Rs.) Conditions to

i Mobilization 10% of the contract On submission of unconditional

Price Bank Guarantee. (to be drawn

before the end of 20% of the contract

period). The contractor may furnish four

bank guarantees of 2.5 % of each valid for

the full period.

iiEquipment 90% for new and 50% of After equipment is brought to

depreciated value for old site(provided the Engineer is

equipment.Total amount satisfied That the equipment is

equipment.Total amount satisfied That the equipment is

will be subject to a required for performance of the

maximum of 5% of the contract) and on submission of

ContractPrice unconditional Bank Guarantee for

amount of advance

iii Secured Deleted

Brought to site

(The advance payment will be paid to the Contractor no later than 28 days afterfulfillment of

the above conditions).

31. Repayment of advance payment for mobilization and equipment {CL. 51.3}

The advance loan shall be repaid with percentage deduction from the interimpayments

certified by the Engineer under the Contract. Deduction shall commence in the next Interim

Payment Certificate following that in which the total of all such payments to the Contractor

has reached not less than 20 percent of the Contract Price or 6 (six) months from the date of

payment of first installment of advance, whichever period concludes earlier, and shall be

made at the rate of 20 percent (collectively for both Mobilization Advance and

Equipment Advance) of the amounts of all Interim Payment Certificate until such time as

the loan has been repaid, always provided that the loan shall be completely repaid prior to

the expiry of the original time for completion pursuant to Clause 17 and

33. The securities shall be for the following minimum amounts equivalent {CL. 52}

As a percentage of the Contract Price:

Performance Security for 5 percent of contract price plus Rs. …………….. (to bedecided 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

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. …….. Lakhs.

37. The following events shall also be fundamentals breach of contract: {CL.59.2} “The

Contractor has contravened Sub- clause 7.1 and Clause 9 of GCC”

38. The percentage to apply the value of the work not completed representing {Cl 60} the

Employer’s additional cost for completing the Works shall be 20 per cent.

TECHNICAL SPECIFICATION

Description of the Works:

1. We offer to execute the Works described above and remedy any defects therein in conformity

with the conditions of Contract, specification, drawings, Bill of Quantities and Addenda for the

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 may receive.

authorized to sign bids for and on behalf of ----------------------------------

(in block capitals or typed)

BILL OF QUANTITIES

BILL OF QUANTITIES

1. The bill of Quantities shall be read in conjunction with the Instructions to Bidder, Conditions

of Contract, Technical Specifications and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional, and are given to

provide a common basis for bidding. The basis of payment will be the actual quantities of

work ordered and carried out, as measured by the Contractor and verified by the Engineer

and valued at the rates and prices tendered in the priced Bill of Quantities, where applicable,

and otherwise at such rates and prices as the Engineer may fix within the terms of the

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

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

8. The method of completed work of payment shall be in accordance with the specification for

Road and Bridge works. For building works specifications for building are to be followed.

9. Errors will be corrected by the Employer for any arithmetic errors pursuant to Clause 29 of

the Instructions to Bidder.

10. Rock is defined as all materials which, in the opinion of the Engineer, required blasting, or

the use of metal wedges and sledgehammers, or the use of compressed air drilling for its

removal, and which cannot be extracted by ripping with a tractor of at least 150 kw with a

single rear mounted heavy duty ripper.

BILL OF QUANTITIES

(A) Percentage Rate Tender (Up to INR 50 Cr. )

Item Description of Item (with brief Quantity Unit Rate In Amount

No specification and reference to figures

book of specifications)

-------- As per Separate sheet attached ---------

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

Estimated amount put to tender Estimated amount put to tender

Deduct………% below Add………% Above

In words In words

(B) For Item Rate Tender (For above INR50Cr.):

Item Description of Item Quantity Unit Rate Amount

No (with brief specification

and reference to book of In In

specifications) figures Words

-------- As per Separate sheet attached ---------

(A) Total Tendered Amount

(B) Rebate on above tendered amount (if any) % (in figure) ………………………………

(C)Net Tendered Amount (A-B) (in figure) ………………………………

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 labourcess will be deducted as per prevailing rules i.e. 1% of the work done.

3 GST and Income tax TDS will be deducted at a source while making payments of bills

4 In all R.C.C. Items in Rate Analysis Standard Cement Consumption has been taken as per

Govt. G.R.: PRC-10/2017 Cement Consumption/16/C Date:11/05/2017 as stated in

S.O.R. therefore in R.C.C. items where there is a change as per actual mix design the cost

of difference of cement consumption have been deducted from the rate of original item

at the rate of input rate mentioned in all the tender.

SECURITIES AND OTHER FORMS

BID SECURITY (BANK GUARANTEE)

WHEREAS, ---------------------------------------- (name of Bidder) (hereinafter called the “The

Bidder”) has submitted his bid Dated ------------------------ (Date) for the construction of ------------

- (Name of Contractor hereinafter called “the Bid”)

KNOW ALL PEOPLE by these presents that We -------------------------------------------------

(name of Bank) of --------------------------------------------- (name of country) having our registered

office at -------------------------------------------------------( hereinafter called “the bank”) are bound

unto --------------------------------------------(name of Employer) (hereinafter called “The

Employer”) in the sum of ----------------------------------------- * for which payment well and truly to

be made to the said Employer the Bank itself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ---------------------- day of ------

THE CONDITIONS of these obligations are:

(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity specified

in the Form of Bid;

(2) If the Bidder has been notified of the acceptance of his bid by the Employer during the

period of Bid Validity:

A Fails or refuses to execute the Form of Agreement in accordance with the Instructions to

Bidders, if required; or

B. Fails or refuse to furnish the Performance Security, in accordance with the Instructions

C. does not accept the correction of the Bid Price pursuant to Clause 27 (Correction of

We undertake to pay to the Employer up to the above amount upon receipt of his

first written demand, without the employer having to substantiate his demand, provided

that in his demand the Employer will note that the amount claimed by him is due to him

owing to the occurrence of one or any of the three conditions, specifying the occurred

conditions or conditions.

This Guarantee will remain in force up to and including the date -------------------** days after

the deadline for submission of Bids as such the deadline is stated in the Instructions to

Bidders or as it may be extended by the Employer, notice of which extension (s) to the Bank

is hereby waived. Any demand in respect of this guarantee should reach the Bank not later

than the above date

(Signature, name and address)

* The Bidder should insert the amount of the guarantee in words and figures denominated

in Indian Rupees. This figure should be the same as shown in Clause 16.1(Bid Security)

of the Instructions to Bidders.

**45 days after the end of the validity period of the Bid. Date should be inserted by the

Employer before the Bidding documents are issued.

PERFORMANCE SECURITY

WHEREAS ----------------------------------------------------------- (name and address 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 WHEREASit has been stipulated by you in the said Contract that the

Contractorshallfurnish 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

This guarantee shall be valid until 60 days from the date of expiring of the Defect

Liabilities period.

Signature and Seal of the guarantor -----------------------------

*An amount shall be inserted by the Guarantor, representing the percentage the Contract price

specified in the Contract denominated in Indian Rupees.

ADDITIONAL PERFORMANCE SECURITY

[Clause 34.1. (A)]

WHEREAS ----------------------------------------------------------- (Name and address 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

This guarantee shall be valid until28 days from the project completion date.

Signature and Seal of the guarantor -----------------------------

BANK GUARANTEE FOR ADVANCE PAYMENT

In accordance with the provisions of the Conditions of Contract, sub-clause

(“Advance Payment”) of the above mentioned Contract, --------------------------------------------------

(name and address of Contractor) (hereinafter called “the Contractor”) shall deposit with -------

---------------------------------------------- (name of Employer) a bank guarantee his proper and

faithful performance under the said Clause of the Contract in an amount of --------------------------

(amount of Guarantee)* ------------------------------------- in words).

We, the --------------------------------- (bank of financial institution), as instructed by the

Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as

Surety merely, the payment to ---------------------------------------- (name of Employer) on his first

demand without whatsoever right of obligation on our part and without his first claim to the

Contractor, in the amount not exceeding ------------------------- (amount of guarantee)* --------------

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) receives full

repayment of the same amount from the contractor.

Name of Bank/ Financial Institution _________________________

* An amount shall be inserted by that Bank or Financial Institution representing the amount of

the Advance Payment, and denominated in Indian Rupees.

Letter of Acceptance

(Letterhead paper of the Employer)

_______________________________ (Name and address of the Contractor)

This is to notify you that your Bid dated ________________ for execution of the

___________________________ (Name of the contract and identification number, as given in the

Instructions to Bidders) for the Contract Price of Rupees ___________ (_____________) (amount in

words and figures) as corrected and modified in accordance with the Instructions to Bidders* is

hereby accepted by our agency.

You are requested to furnish performance security, in the form detailed in para

34.1ofITB for an amount equivalent to Rs. ________ within 10 days of the receipt of this letter of

acceptance up to beyond 60 days from the date of expiry of defects Liability period i.e. up to

______________ and the Additional Performance Security for an amount equivalent to Rs. ________

shall be valid beyond 28 (twenty-eight) days of Project Completion Date i.e. up to ______________

and sign the contract, failing which action as stated in Para 34.3 of ITB will be taken.

Yours Faithfully

Authorized Signature

Name and title of Signatory

Name of Employer

* Delete “Corrected and” or and modified if only one of these actions applies. Delete as corrected and

modified in accordance with the Instructions to Bidders, if corrections or modifications have not

Issue of Notice to proceed with the work

(Letterhead of the Employer)

_____________________________ (Name and address of the Contractor)

Pursuant to your furnishing the requisite security in ITB Clause 34.1 and signing of the

Contract for the construction of________ _____________________________

You are hereby instructed to proceed with the execution of the said works in accordance with

the contract documents.

Yours faithfully

(Signature, name and title of signatory authorized

To sign on behalf of Employer)

This agreement, made on the ________________ day of ______________ between

________________________ (name and address of Employer) (Hereinafter called “the Employer) and

___________________________________________ (name and address of contractor) hereinafter called “the

Contractor” of the other part.

Whereas the Employer is desirous that the Contractor execute

Name and identification number of contract (hereinafter called “the works”) and the employer

has accepted the Bid by the Contractor for the execution and completion of such works and the

remedying of any defects therein, at a cost of Rs. _____________________

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1. In this Agreement, words and expression shall have the same meanings as are respectively

assigned to them in the conditions of contract hereinafter referred to and they shall be

deemed to form and be read construed as part of this Agreement.

2. In Consideration of the payment to be made by the Employer to the contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to executive

and complete the works and remedy any defects therein in conformity in all aspects with

the provisions of the contracts.

3. The employer hereby covenants to pay the Contractor in consideration of the execution and

completion of the works and the remedying the defects wherein contract price or such other

sum as may become payable under the provisions of the Contract at the times and in the

manner prescribed by the contract.

4. The Following documents shall be deemed to form and be ready and construed as part of

this Agreement viz

i) letter of Acceptance

ii ) Notice to proceed with the works:

iii ) Contractor’s Bid

iv ) Conditions of contract: General and Special

v) Contract Data

vi) Additional conditions

viii ) Bill of Quantities and

ix ) Any other documents listed in the Contract

data as forming part of the Contract.

In witness whereof the parties there to have caused this Agreement to be executed the

day and year first before written

Was hereunto affixed in the presence of :

Signed, sealed and Delivered by the said ________________________

In the presence of

Binding signature of Employer ___________________________________________

Binding Signature of Contractor __________________________________________

(For Investment)

I, the undersigned do hereby undertake that our firm M/s

…………………………………………………..……………………………….. would invest a minimum cash up to 25% of

the value of the work during implementation of the contract.

(Signed by an Authorized officer of the firm)

Title of officer

I, the undersigned do hereby undertake that our firm M/s ……………………………………

……………..……………………………….. agree to abide by this bid for a period ................................. days for date

fixed for receiving the same and it shall be binding on us and may be accepted at any time before the

expiration of that period.

(Signed by an Authorized officer of the firm)

Title of officer

-------- As per Separate attached ---------

DOCUMENTS TO BE FURNISHED BY BIDDER