Dhobikui Approach Road. Km.0/00 to 1/200. (Proposed Work : Resurfacing Road, Road Furniture & Other Misc. Works)

Name of Work :- Dhobikui Approach Road Km 0/00 to 1/200 (Proposed Work:

Resurfacing of Road, Road Furniture & other Miscellaneous works)

Clause No. Page No.

1. Principle Approval Date and Amount Date:

(Attach letter) Rs. 141.60 Lakh

2. Administrative Approval Date and Date: 09.03.2026

Amount (Attach letter) Rs. 141.60 Lakh

3. Technical Approval Date and Amount Date: 01.05.2026

(Attach letter) Rs.

4. SOR Year 2024 -

2025 (Current SOR)

5. DTP amount IFB 4 Rs.

6. Tender Fee Rs. Rs.

(As per GR- PRCH-102000-lB- 221 (59)

Above 10.0 Cr.- Rs 18000)

7. Earnest Money Deposit (Bid Security IFB 4 Rs.

1% of DTP amount) Rs.

8. Time Limit (Months) Section 3 41 06 (Six) Months

9. Annual Financial Turnover Amount Rs. Section 1

IO. Defect Liability Period (In Months & Section 3 46 12 (Twelve) months

includes No of Monsoons) cl. 33.1 or 01 Monsoons

11. Free Maintenance Guarantee Period Section 3

(for Road & Bridge Construction) cl.

12. Registration / Category required "B" Class & Road Category-III &

13. Site Possession Date Section 3 42 ISt day of Work order#

14. Period between Program Update Section 3 44 45 Days

15. Amount to be withheld for late Section 3 44 1 Lakh

submission of Program cl.

16. Milestone Section 3 64 Days

(A) Milestone 1 25 45 Days

(B) Milestone 2 50 90 Days

(C) Milestone 3 75 135 Days

(D) Milestone 4 100 180 Days

#1n case of LA/ FRA is in progress give likely date.

Clause No. Page No.

17. Price Adjustment Components Section 4 66 0/0

(A) Labour, PL Section 4 66 16.14% Lo =

(B) Cement, PC Section 4 66 0.21% co =

(C) steel, Ps Section 4 67 0.00% so =

(D) Bitumen, Pb Section 4 67 59.94% Bo =

POL, Pf Section 4 68 4.27% Fo =

(F) Plant and Machinery Spares, Pp Section 4 68 pp = 4.04% Po =

(G) Other Materials, m Section 4 69 pm = 15.40% Mo =

18. Amount to be withheld for failing to Section 3 56 Rs. 5.00 Lacs

supply "as built" drawings cl.

19. Percentage Rate Contract (up to INR Section 7 78 Percentage Rate Contract

50 Cr.) / Item Rate Contract (above

*Input index / price for each component on 28 days preceding the date of opening of technical bid

shall be noted.

This is to certify that the contract document prepared for the work Dhobikui Approach Road Km

0/00 to 1/200 (Proposed Work: Resurfacing of Road, Road Furniture & other Miscellaneous works) is

based on the Standard Bidding Document Procurement of Civil Works published by R & B Department letter

No. RBD / 0346 / 10 / 2023 Date: 12/10/2023. No further modification and alteration in this standard format

has been made by this office.

ngineer Executi Engineer

R & B Sub Division, R & B Division,

GOVERNMENT OF GUJARAT

STANDARD BIDDING DOCUMENT

PROCUREMENT OF cuviL WORKS

COMPLETE BIDDING DOCUMENT

Name ofWork ohobi Kut appsoazh R.oci& o doo -to ao

c pnposea kesuø-seaino

goa F uz•e ot-het rn&elkq us

Divisional Accountant Executive Engineer

This is a generic SBD to be useck!er

needs to examine and put up their pa

criteria, contract Data etc., marked at [#1 'while finalizing their bidding precess,

Depu e Engineer Executiv Engineer

R & B Sub R& B Division

Sr No Section Description Page No

1 Invitation for Bid (IFB)

2 Section -i 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 Secürities and Other

10 Section -9 Drawings

11 Section -10 Documents to be furnished by Bidder

INVITATION FOR BID

NATIONAL COMPETITIVE BIDDING

1. The invites bids for the construction of works detailed in

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

Package Name Approximate Bid Cost of Period of #Class of

No. of work value of works (Rs.) security document completion Registration /

(Rs.) (Rs.) Category of

L ohobiUu;npptouch Road zvoe.'oo

Fuminweeo.her .

Interested bidder may download the Bid Documents from website

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

https://www.nprocure.com. o

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 and

in favour of 'Executive

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 I EMD have been received electronically. However, for the purpose of realization

of Demand Draft, and FDR / Bank Guarantee bidder shall send the same in original through

R.P.A.D. so as to reach to #Executive Engineer,

from the last day of bid submission.

a within 7 Days

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

Engineer / Tender Inviting Authority by bidder shall be initiated.

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

https://vwm.nprocure.com in the ofthe 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

to clarify the issues and to answer questions on any

matter that may be raised at that stage as stated in clause 92 of 'instructions to Bidders' of the bidding

6. #Bid Security (EMD) is equal to

% of Estimated Amount put to bid / tender and should be rounded off to

the next thousand rupees.

7. Other Information is as under:

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

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

edit/withdraw their submitted offer in any case. No written or online request in this regard shall

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

R & B Sub Division

Executiv Engineer

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

Bids, will not be considered

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.

Any changes, additioh, alternation made in the prescribed form attached with tender are liable to

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

considered non-responsive.

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

checklist /qualification document/ tender document.

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 ifthe 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 forthiswork I 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

competent authority.

M. Iffound necessary,the contractorwill be intimated for negotiation,

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

kindly refer to SSR-10-2015-17-C dated

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

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

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

opening authority through RPAD, so as to reach the Executive Engineer within 7 days from last day

of submission of Bid.

Bid Document Fee / Tender Fee

Bid Security [ EMD or Valid EMD Exemption Certificate of Appropriate Class of

Registration of Approved Contractors

(iii) Registration Certificate of Appropriate Class

Registration Certificate of Special Category Road / Bridge Building and

Category I / II / Ill, if required

(vi) Work Experience, necessary, e.

(vii) Other Documents, as required. ..

INSTRUCTIONS TO BIDDERS

Section 1: Instructions to Bidders

Table of Clauses

Page No. Page No.

A. General D. Submission of Bids

19. Sealing & Marking of Bids

1. Scope of Bid

2. Source of Funds

20. Deadline for Submission of

3. Eligible Bidders 8 21. Late Bids

4. Qualification of the Bidder 8 22. Modification •and

Withdrawal of Bids

5. One Bid per Bidder

6. Cost of Bidding

E. Bid Opening and Evaluation

23. Bid Opening

B. Bidding Documents 25. Clarification of Financial Bids

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

Documents Determination of

9. Clarification of Bidding

Documents 27. Correction of Errors

10. Amendment of Bidding

Documents 29. Evaluation and Comparison

of Financial Bids

C. Preparation of Bids

11. Language of Bid

F. Award of Contract

12. Documents Comprising 15 31. Award Criteria

32. Employer's Right to Accept

13. Bid Prices 15 any Bid and to Reject any

14. Currencies of Bid and

33, Notification of Award and

Signing of Agreement

15. Bid Validity

34. Performance Security

16. Bid Security 16 35. Advance Payment and

17. Alternative Proposals By 17 Security

Bidders 36. Dispute Review Expert

18. Format and Signing of Bid 17 37. Correct or Fraudulent

1. Scope of Bid

1.1 The Employer (Named in Appendix to IT B) 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 Section2, 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 otherdocuments 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 forthe costs ofworks executed and the financial figure to

a common base value for works completed in India,

Year Financial Year Multiplying factor

Base year of inviting tender 20

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 yalue 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.lndia BC Selling rate as on the last date of submission of the bid) will be applied for the

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

4.5.3. General Experience.

The Applicant shall meet with the following minimum criteria:

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

completed in all classes of civil engineering construction works only) in any one year; over the

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

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

highway (road and / or bridge works) airport 'runwayof 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 thejointventure.

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

Deputy e Engineer Executiv Engineer

R & B Sub Division R& B Division

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 nameof the work, contract value, billing amount, date of

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

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 majorequipment to attain

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

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

construction planning and methodology supported with layout and necessary drawings and

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

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

the given production capacity to match the requirements.

4.5.6. Financial Position

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

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

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

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

soundness of the applicant's financial position, showing long term profitability including an

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

with the applicant's bankers.

4.5.8. Litigation History

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

contracts completed or under execution by him over the last five years. A consistent history of awards

against the Applicant or any partner of a joint venture may result in failure of the applicant.

4.5.9. Disqualification

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

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 complywith thefoflowing 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&4.56

above, The joint venture must collectively satisfy the criteria of para 4.5.3 4,5.6 above. The

experience of the otherjoint venture partners shall be considered if it is not less than 30 percent

ofthe qualifying criteria in para 4.5.3 & 4.56 above.

(ii) Individually each 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

liabilitieswith respect

to the contract.

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

partner jn 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

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

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.

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

during the next ( period of completion ofworkforwhich bids

are invited ); and

'Number ofyears prescribed for completionofthe works for which the bids are invited.

Note :-ln 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

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 rationaljustification to the employer.

5. One bid per bidder

Each bidder shall submit only one bid for one package. A bidder who submits or participates in more

than one bid (other than as a subcontractor or in cases of alternatives that have been permitted or

requested) will cause all the proposals with the bidder's participation to be disqualified.

6. Cost of Bidding

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

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

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

work and its surrounding and obtain all information that may be necessary for preparing the Bid and

entering into a contract for construction ofthe Works.

The costs ofvisiting 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

2 Qualification Information, and other forms

3 Conditions of Contract

5 Technical Specifications II

7 Bill of Quantities

8 Securities and other forms

10 Documents to be fumished by bidder

8.2. Volumes l, II, Ill and IV are available online and documents to be furnished by the bidder in compliance

to section 2 will be prepared by him and fumished as Volume-V in two parts (refer clause 12).

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

forms, terms, technical specifications, bill of quantities, forms, Annexes and drawings in the Bid

Document. Failure to comply with the requirements of Bid Documents shall be at the bidder's own

risk. Pursuant to clause 26 hereof bids which are not substantially responsive to the requirements

of the Bid Documents shall be rejected E

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 8. I 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 ofthe 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.

103 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

Language ofthe Bid

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

2. Documents Comprising the Bid

12.1. The bid be submitted by the bidder as Volume V ofthe• bid document (refer Clause 8.1 ) shall be in two

separate parts:

Part/ shall be named "Technical Bid" and shall comprise

(i) Bid Security in the form specified in Section

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 ofthese instructions

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

Pan II shall be named "Financial Bid" and shall comprise

(i) Form ofBid as specified in Section

(ii) Piiced Bill ofQuantities for items specified in Section

12.2. The Bidder shall submit the details / informatioh 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 ofthe bid.

Section Particulars Volume No.

Invitation for Bids (IFB)

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 I .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 ofQuantities.

13.3 Al duties, taxes, and other levies except GST are 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.

(GSTwill be paid extra)

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

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

the time limit and Bid Amount)

14. Currencies of Bid and Payment

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

shall be made in Indian Rupees.

15. Bid Validity

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

specified in Clause

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

the bidders extend the period ofvalidity 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 ofthe following forms;

a. Bank Guarantee from any scheduled Indian bank, in the format given in Volume Ill. (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 (I) Road & Building Department or

(2) Narmada Water Resources, Water Supply and Kalpsar Department of Govt of Gujarat.

Exemption Certificate is applicable only when Registration Certificate of Appropriate

Class and Category of Approved Contractors is required as eligible criteria of bidder.

16.2. Bank guarantees (and other instruments having fixed validity) issued assurety for the bid shall be

valid for45 days beyond the validity ofthe 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 PerformanceSecurity.

16.6. The bid Security may be forfeited

(a) Ifthe Bidderwithdraws the bid after Bid opening during the period ofBid validity.

(b) Ifthe Biddprdoes not accept the correction ofthe Bid Price, ifanyor

(c) In the case ofa successful Bidders, ifthe Bidderfails the specified time limitto

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security,

(d) 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 Dept's Gr. No. S/22/2017/6369/D, Dt.08/06/2018)

17. Alternative Proposals by Bidders.

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

(7 including the conditions of contract (including mobilization advance or time for completion), basic

technical design as indicated in the drawing and specifications. Conditional offers or alternative offers

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

18. Format and Signing of Bid

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

Instructions to bidder as the "Technical Bid "and 'Financial Bid" in separate parts to be uploaded.

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

20.1 Complete Bids must be received online by the Employer at the tender website specified above not

later than the date indicated in appendix.

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

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

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

22. Modification and Withdrawal of Bids

22.1 Bidders may modify or withdraw their bids online before the deadline prescribed in Clause 20 or

pursuant to Clause

22.3. No bid shall be modified orwithdrawn 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 ofthe 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 locationon the nextworking day.

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

each bid will be announcéd. Ifthe bid security furnished does not conform to the amount and validity

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 ofthe 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

informationfurnished in part I ofthe bid pursuant to Clause 12.1.

If required, the bidder will be asked in writing to clarify his Qualification Documents with respect

to any required clarification.

(iii) The bidderswill respond in not more than 7 days of issue ofthe clarification letter.

(iv) Immediately (usually within 3 or4 days), on receipt-oftheseclarification the Evaluation Committee

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

23.6 At the time of opening of "Financial Bid", the.names of the bidders those who are

responsive 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 totål 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 found responsive in accordance with

Clause 23.4(iv) will be announced. The bids of only these bidders will be opened those who are

declared responsive. The responsive Bidders' names, the Bid prices, the total amount of each bid,

declared responsive. 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 time of 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•infomation disclosed to those

present in accordance with Sub-Clause 23.6.

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

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

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

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

may result in the rejection of his Bid,

25. Clarification of Financial Bids

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

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

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

of the Bid shall be sought, offered, or permitted except as required to confirm the correction of

arithmetic errors discovered by the Employer in the evaluation of the Bids.

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

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

the Employer, it should do so in writing.

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

contract award decision may result in the rejection of the Bidders' 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

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 benefitsfor the Employer, shall not be taken in to account in Bid

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

during the period of implementation ofthe Contract, will not be taken in to account in Bid evalüation.

29.5. Ifthe 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

underthe Contract.

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

which cannot be substantiated satisfactorily by the bidder may be rejected as non-responsive.

F. AWARD OF CONTRACT

31. Award Criteria

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

(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 ofthe 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

next lowest bidder at his evaluation bid price.

cases be awarded to the

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 Bidderor

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 OfClause.

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

will be signed hy 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

(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 unconditionål guarantee from a Bank in the

same form given at Section 8 towards an Additional Performance Security (The "Additional

Performance Security") for an amount calculated as under:

(a) If the Contract Price offered by the Selected

is lower than but up to 20% ofthe

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

20% of the difference in the (i) Estimated Project Cost (as mentioned in Bid Document) -

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

(b) If the Contract Price offeredby the Selected Bidder is lower than 20% of the Estimated

Project.Cost, then the Additional Performance Security shall be calculated

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) ThisAdditional Perfprmance Security shall be treated as part ofthe Performance Security,

(BY 'The Performance Security shall be valid beyond 60(sixty) days Of the Defects Liability Period

and the Additipnal 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 ofa Bank Guarantee, it .

shall be issued either (a) at the Bidder's option, by a Nationalized/ScheduIéd 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.tvl.O. Date 21/04/2023 per theirlatest 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 ofthe 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 rejecta proposal if it determines that the Bidder recommended for award has

engaged incorrupt 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

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

APPENDIX TO ITB

Clause Reference

With respect to

1. The Name of the Employer is G-'l&.nøa..e-

eme:..ø..deecøtmeotå [Cl.l.l]

2. The last five years.

3. This Annual Financial Turnover Amount is Rs. [Cl.4.5.3

4. Value of Work is Rs. ...NO....

6. The cost of electric work is Rs. O,.QÖ....

The cost of water supply / sanitary works is Rs. 0..00....

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

facilities is Rs. .6.,.0.0

9. Price level of the financial year ..2DZQ.mZOZS.. [Cl. 4.5.2]

10. The pre-bid meeting will take place at [Cl. 9.2.11

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

12. Address of the Employer: glDC&.ÆQ

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 ..EAE...D.G•AU [Cl. 23.1 ]

As stated on online NIT

The Bank Draft in favor of nard. o

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

financial figure to a common base value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender 206 -20%

Dep xecuti Engineer

R & B Sub Division

Executiv Engineer

#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

Sr. Plant or Locatibn Age of Make Capacity Approximate Remark

No, Machinery Machinery Value

(maximum 15 years)

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. 1 5 lakhs but more than

4. Minimum two Diploma Civil Engineers for the work when the cost of work to be executed is less than O

Rs. 5 lakhs. The Engineer so employed for the Government work must have sufficient experience to

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

not be entrusted with other duty except this work.

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

separate Engineer will not be necessary provided that the Engineer partner himself attends the

execution of the work on the site.

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

Engineer-in-charge of the work the Name, Qualifications, copy of marksheet, Colour Photograph and

the appointment order issued such engineers engaged for this contract work. If 1 5 days after issue of

work order such designated Site Engineers do not resume or do 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 ofthe 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

be incorporated

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

in the Contract.

For Individual Bidders

Constitution or legal status of Bidder

Place of registration

Principal place of business

Power of attorney of signatory of Bid

1.2 Total value of Civil engineering constructions 20. -

work performed in the last five years 20. -

(in Rs. Lakhs) 20. -

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

also be considered the sub-contract involved execution of all main items of work described in the bid

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

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

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

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

Employer (Rs. work completion completion* reasons for

*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

lastfive yeårs** and in current year before the submission ofthe bid.

Year Name of Name of Quantity of work performed (CumlMT) Remarks*

the work the (indicate

Employer Cement Masonry Earth Bituminous contract Ref)

Concrete Works Work

1.4 Information on Bid Capacity (works forwhich bids have been submitted and works which are yet to be

completed) as on the date ofthis bid.

(A) Existing commitments and on-going works:

Description Place Contract Name & Value Stipulated Value Of Anticipated

of No. Address Contract Period Works* of

works State of (Rs. cr) of remaining cbmpletion

Employer Completion to be

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

Immediately preceding the financial year in which bids are received.

1.5 'Availability of key items of Contractors Equipment for carrying out the works (Ref. Clause 4.5,5).

The Bidder should list all the information requested below;

Item of Requirement Availability Proposals Remarks

Equipment (from whom

NO Capacity Owned/Leased Nosl. to be

to be Capacity Conditions purchased

1.6 Qualifications and experience of key personnel required for administration and execution of the

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

Position Name Qualification Year of Year of

Experience experience in

(General) the proposed

Project Manager

1.7 Proposed sub-contract and firms involved

Sections of Value of Sub-Contractor Experience in

the works Sub-Contractor (Name & Address) similar work

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

building electrification works.

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

(incase of companies/corporations), etc. List them below and attach copies.

1.9 Evidence of access to financial resourcesto meet the qualification requirements: cash in hand, lines

of credit, etc. List them below and attach copied documents.

1.10 Name, address, and telephonem telex, and fax numbers of the Bidders bankers who may provide

references if contacted bythe Employer.

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

Other Party Employer Cause of Dispute Amount Involved Remarks

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

(Name of Consultant engaged for project preparations is *

1,13 Proposed work method and schedule, The Bidder should attach descriptions, drawings änd charts as

necessary to comply with the requirements ofthe Bidding documents. (Refer ITB Clause 4.1)

3. Additional Requirements

3.1 Bidders should provide any additional information required to fulfill the requirements of Clause-4 of

the Instructions to the Bidders, if applicable.

(ii) Undenaking

Fill the name of Consultant

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR

AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4,5.6 OF ITB)

BANK CERTIFICATE

This is to certify that M/s.

reputed company with a good financial standing.

If the contract for the work, namely

the above firm,

we shall be able to provide

overdraft/credit facilities to the extent of

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

during the contract period.

Senior Bank Manager

Address of the Bank

1. l, 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 Mis.

have not abandoned any work of Government of Gujarat/

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

nor any contract awarded to us for such works have been rescinded, during last five years prior to

the date ofthis bid,

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

fumish pertinentinformation 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

.(Signed by an Authorized Officer of the Firm)

(Title of Officer)

l, 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 ofthe contract.

(Signed by an Authorized Officer of the Firm)

(Title of Officer)

CONDITIONS OF CONTRACT

CONDITIONS OF CONTRACT

Table of Contents

Page No. Page No.

A. General D. Cost Control

37 37 *ill of Quantities

2 Interpretation 38 38 Changes in the Quantities

39 39 Variations

3 Language and Law

40 Payments for Variations

4 Engineer's Decisions

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

IO Employer's & Contractor Risk 40 46 Currencies

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 works 41 52 Securities

17 The Works to be Completed By the 53 Deleted

Intended Completion Date 41 54 Cost of Repair

18 Approval by the Engineer

19 Safety 41 E. Finishing the Contract

20 Discoveries 42 55 Completion

21 Possession of the Site 42 56 Taking Over

22 Access to the Site 42 57 Final Account

23 Instructions 42 58 Operating and Maintenance manuals

24 Disputes 42 59 Terminations

25 Procedure for Disputes

60 Payment upon Terminations

B. Time Control 62 Release from Performance

28 Extensions of the Ir:tended F. Special Conditions of Contract

completion date 44 63 Labour

29 Deleted 44 64 Compliance with labour regulations

30 Delays Ordered by The Engineer 44 65 Arbitration

31 Management Meetings

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 Billof Quantities forming part ofthe Bid

Compensation Events are those defined in Clause 44 hereunder

The Completion Date is the date of completion of the Works

as certified by the Engineer in

accordance with Sub Clause

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

maintain the Works till the completion of Defects

Liability Period, It consists of the documents

listed in Clause 2.3 below.

The Contract data defines the documents and otherinformation which comprise thé Contract.

The Contractor is a person or Qorporate 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 Contraétor to the

Employer and includes Technical and Financial Bids.

The Contract Pric.e is the price stated in the Letter ofAcceptance and thereafter

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 Initial Contract Price is the Contract Price listed in the Employer's Letter ofAcceptänce.

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.

incorporation in

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

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

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 aboutthe 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 ofthe 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.

installed, and removed by the Contractor

Temporary Works are works designed, constructed,

which are needed for construction or installation of the Works,

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

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

the Employer, as defined in the Contract Data.

2. Interpretation

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

neuter and the other way around. Heading have no significance. Words have their normal meaning

under the language of the Contract unless specifically defined. The Engineer will provide instructions

clarifying queries about Conditions of Contract.

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

the Works, the Completion date, and Intended Completion Date apply to any Section of the Works

(other than references to the Completion Date and Intended Completion date for the whole works)

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

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

(3) Contractor's Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills ofquantities and

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

3. Language and Law

3.1 The language ofthe Contract and the law governing the Contract are stated in the Contract Data.

4. Engineers. Decisions

4.1 Except where otherwise specifically stated, the Engiheer 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 ContractAct).

Sub-Contracting

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

specific items ofwork is not allowed.

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

8. Other Contractors

The Contractor Shal! cooperate and share the Site with other contractors, public authorities, utilities

and the Employer between the dates given in the Schedule of other Contractor. The Contractors shall

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

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

of any such modifications.

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

to in the Contract Data to carry out the functions stated in the Schedule or other personnel approved

by the Engineer. The Engineer will approve any proposed replacement of key personnel only if their

qualifications, abilities, and relevant experience are substantially equal to or better than those of the

personnel listed in the Schedule.

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

work force stating the reasons the Contractor shall ensure that the person leaves the Site within

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

10. Employer's and Contractors Risks

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

carries the risks which these Contracts states are Contractors risk.

11. Employer's Risks

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

execution of the Works, the risks of war, hostilities, invasion, act of foreign enemies, rebellion,

revolution, insurrection or military or usurped power, civil war, riot commotion or disorder (unless

restricted to the Contractor's employees), and contamination from any nuclear fuel or nuclear waste

or radioactive toxic explosive.

12. Contractor's Risks

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

and in consequence of the performance of the Contract other than the excepted risks are the

responsibility of the 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 ofordamage 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 équipment) 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 Ifthe Contractor does not provide any of the policies and cettificates required, the Employer may

affect the insurance which the Contractor should have provided and

recoverthe premiums the

Employer has paid from payments othetwise due to the Contractor or, if no payment is due, the

payment ofthe premiums shall be a debt due,

13.4 Alterationsto the terms ofaninsuranceshall not be made withoutthe approval ofthe Engineer.

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

14. Site Investigation Report

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

Contract Data, supplemented by any information qvåilable to the Bidder.

15. Queries about the Contract data

(0 15.1 The engineer will clarify queries on the Contract Data

16. Contractorto Construct the Works

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

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

17.1 The Contractor may commence execution of 'the Works on the Start Date and shall carry out the

Works in accordance with the programme submitted by the Contractor, as updated with the approval

ofthe Engineer,and complete them by th6 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 ifthéy comply with the Specifications and drawings.

18.2 shall.be responsible for design oftemporary works.

18.3 The Engineer's approval shall not alter the contractor responsibility for design of the Temporary

18.4 The Contractor shall obtain approval. of third parties to the design of the Temporary works where

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

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.

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

will be closed.

22. Access to the Site

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

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

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

Engineer's decision. If the issue is not resolved, any party can refer the matter for conciliation within

1 5 days from the decision given by the #Superintending Engineer.

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

#Superintending Engineer, both the parties have to refer to the Chief Engineer concern for the

conciliation process.

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

#Superintending Engineer, both the parties have to refer to the #Secretary, Roads & Building

Department, Government of Gujarat for the conciliation process.

Ifthe 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 I 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 doesnit follow the above sequence in stipulated

time and he should not stop thework.

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 programme showing the actual progress achieved on each

activity and the effect of the progress achieved on the timing of the remaining work including any

changes to the sequence of the activities.

27.3 The Contractor shall submit to the Engineer, for approval an updated programme at intervals no

longer than the period stated in the Contract data. If the Contractor does not submit an updated

programme within this period, the Engineer may withhold the amount stated in the Contract data from

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

27.4 The Engineer's approval of the programme shall not alter the Contractor's obligations. The

Contractor may revise the programme and submit it to the Engineer again at any time. A revised

programme is to show the effect of Variations and Compensations events.

28. Extension of the Intended Completion Date

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

Variation is issued which makes it impossible for completion to be achieved by the Intended

Completion Date without the Contractor taking steps to accelerate the remaining work and which

would cause the Contractor to incur additional cost.

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

35 days of the Contractor asking the Engineer for a decision upon the effect of a compensation event

or Variation and submitting full supporting information. If the Contractor has failed to give early

warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not

be considered in assessing the new Intended Completion Date.

28.3 The Engineer shall within •14 days of receiving full justification from the contractor for extension of

Intended Completion Date refer to the Employer his decision. The employer shall in not more than

days communicate to the engineer the acceptance or otherwise of the Engineer's decision. If the

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

may refer the matter under Clause

30. Delays Ordered by the Engineer

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

31. Management Meetings

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

business of a management meeting shall be to review the plans for remaining work and to deal with

matters raised in accordance with the early warning procedure.

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

record to those attending the meeting and to the Employer.The responsibility of the parties for actions

to be taken is to be decided by the Engineer either at the management meeting or after the

management meeting and stated in writing to all who-attendedthe 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 cpnsidering proposals for how the

effect of such an event or circumstance can be avoidéd or reduced by anyone involved in the work

and in carrying out any resulting instruction of the Engineer,

C. QUALITY CONTROL

Identifying Defects/ Defect liability period

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

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

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

writing about the defects and the contractor shall make good the same within 15 days of receipt of

the notice. In the case of failure on the part of the contractor, the Engineer- in-charge may rectify

or remove or re-execute the work at the risk & cost of the contractor. The Engineer-in-charge

shall be entitled to appropriate the whole or any part of the amount of security deposit towards the

expenses, if any, Incurred by him in rectification, removal or re-execution. The Defects Liability

period shall be as under....

(a) For all works costing up to RS. 50,000 (amount put to tender), the period shall be 3 Months from

the certified date ofcompletion.

(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 majorprojects 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 of4 monsoon period

following date of possession of building taken over by user agency following the certified date of

completion, whichever is later. For the purpose of deciding the monsoon period, the 30th

September shall be treated as the last date.

Modified vide R & B D Circular No. PAC-II-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/(l

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

(b) In case ofwidening of the road/strengthening ofthe road/bridge, the contractor shall have to give

four years free maintenance guarantee from the certified date of completion. During this period

the contractor shall visit the site

every six months along with the concerned Section Officer /

Deputy Executive Engineer and will examine the work already carried out in this contract like

road work, jungle cutting, side shoulders, side gutter, road furniture, patta etc. and will prepare

Km. wise inspection report duly signed by all concerned and any defect observed shall be done

within 1 5 days by the contractor at his risk and cost as per the direction of Engineer in charge. The

contractor needs to do videography of these visits and require to submit at the time of release of

FMG. If B.T. the surface during the maintenance period of 4 years is worn out then agency shall

have to provide renewal coating as per tender item as directed by the Engineer-in- charge. The

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

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

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

name of Executive Engineer after completion certificate ofwork 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.: 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 forthe work costing morethan Rs. 5.00 Crore.

(4) Setting up ofadequate laboratory & deploymentofquality engineers.

The contractor shall have to setup the laboratory with adequate equipmentTlll 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, 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

(5) Asphalt work will have to be cross checked as per G.R No.: RGN/60/2006/35/Ci dtd.31/05/07

before final bill ispaid.

(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 Oompared to their condition 1 0 (ten) days prior to the date ofthe 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 diversioh shall be undertaken by the

Contractor only with the prior written approval of the Executive Engineer which approval shall not

be unreasonably withheld. For the avoidance of doubt, it is agreed that the Contractor shall at all

times be responsible for ensuring safe operation of the road,

33,3 The Engineer shall check the Contractor's work and notify the Contractor of any defects that are found.

Such checking shall not affect the Contractor's responsibilities the Engineer may instruct the Contractor

to search for a Defect and to uncover and test any work that the Engineer considers may have a Defect

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. Ifthere is no defect the test shall be a Compensation Event.

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

quality of material workmanship, irrespective of actual charges.

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

this purpose agency shall construct a pukka laboratory building with all facility on site at location

specified by the engineer in charge.

35. Correction of defects

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

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

shall be extended for as long as Defects remain to be corrected.

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

of time specified by the Engineer's notice.

36. Uncorrected Defects

36.1 If the Contractor has not corrected a defect within the time specified in the Engineer's notice, the

Engineer will assess the cost of having the Defect corrected, and the Contractor will pay this amount.

D. COST CONTROL

37. Bill of Quantities

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

work to be done by the Contractor.

37.2 The bill of Quantitiesis used to calculate the Contract price, The Contractor is paid for the quantity of

the work done at the rate in the Bill ofQuantitiesfor 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

arespecified 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 ofthe year

during which the excess in quantity is first executed.

39.1 All Variations shall be included in updated programmes produced bythe Contracto•r.

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 ofworkshall 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 Superintending Engineer as to the nearest comparable

item shall be final and binding on the contractor.

If the rate cannot be derived in accordance with (i) above, stich class of works shall be carried out

at the rate entered in thé 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

not contain all

year in which the tender was received. Ifthe Schedule Of rates of the Division does

the items, the percentage increase or decrease of the tender shall be calculated considering

such items which were included in the "Scheduled Rates" of the division for the year and for

.materials consumed on such item the rate to be charged would be the basic rate taken into

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

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

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

hearing the contractor before a Committee of two Superintending Engineers stationed at the

same place orthe 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 works 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

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

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

shall have been determined as lastly herein before mentioned, then in such cases he shall only be

entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date of

the determination of the rate as aforesaid according to such rate or rates as shall be fixed by the

Engineer-in-charge. In the event of the dispute, the decision of the Superintending Engineer of the

Circle shall be final.

Where, however, the work is to be executed according to the designs, drawings and specifications

recommended by the contractor and accepted by the competent authority, the alternation above

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

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

cost occasioned by alterations bears to the cost of the original work and the certificate of the

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

41. Cash Flow Forecasts

41.1 When the programme is updated, the contractor is to provide the engineer with an updated cash flow

42. Payment certificates.

42.1 The Contractor shall submit to the Engineer monthly statements of the estimated value of the work

completed less thecumulative 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 in to account any credit or debit for the month in question in

respect of materials for the works in the relevant amounts and under conditions set forth in sub-

clause-32.3 of the Contract Data (secured Advance).

42.3 The value ofwork executed shall be determined by the Engineer.

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

Quantities completed.

42:5 The value of work executed shall include the valuation of variations .and compensation events.

42.6 The Engineer may exclude any item certified in aprevjouscertificate or reduce theproportion ofany

item previously certified in any certificate in the light of later information

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

terms of the contract and taxes at source, as applicable under the law. The Employer shall

Contractor the amounts certified by the Engineerwithin 28 days of the date of each certificate,

43.2 Payment of GST (prevailing rates) on the amount payable under the contact to the Contractor will be

made by the Employer. Hence, it is the responsibility -of the contractor to pay the GST to the

concernedAuthority.

43.3 Items of the works foiwhich no rate or price has been entered in will not be paid by the Employer and

shall be deemed covered by other.rates and pricesin the Contract.

44. Compensation events

44.1 The following äre compensation Events unless they are caused bythe 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 itprevents the work being completed beyond the Intended

Completion Date thenAuthority will approve EOT with eligible contractual price escalation,

45.1 The rates quoted by the Contractor must be inclusive of all taxes prevailing on due date of bid

submission except GST. However, any subsequent changes in the tax structure by Government after

due date of bid submission will be compensated (+/-) on availability or submission of actual

documentation. Contractor will have to intimate Engineer regarding changes occurred in the tax

structure after bid submission. If the contractor fails to provide such information and if any financial

obligation may arise due to change in tax structure, same will be recovered from the contractor.

45.2 GST will be paid separately on the bills. Hence, it is the responsibility of the contractor to pay the GST

to the concerned Authority.

46. Currencies.

46.1 All payment shall be made in Indian Rupees.

47. PriceAdjustment

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

and lubricants in accordance with the following principles and procedures and as per formula given in

the contract data:

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

up to end of the initial intended completion date or extensions granted by the Engineer and shall

not apply to the work carried out beyond the stipulated time for reasons attributable to the

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

(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 for works 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 inclvde amounts to cover the contingency of such other rise or fall in

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 ofthewhole oftheWorks halfthetotal amount retained is repaidto the Contractorand

48.2 On Completion ofthewhole oftheWorks halfthetotal amount retained is repaidto the Contractorand

half when the Defects Liability Period has passed and the Engineer has certified that all Defects

notified by the Engineer to the Contractorbefore the end ofthis period have been correctede

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 ofthe Contractor provided that the

refund hereunder shall be made in teaches 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 jn the format of Bank Guarantee for Performance Guarantee Unclosedwith SBD and

valid up to 60 day beyond the scheduled I 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 theetotal 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 islater than the Intended Completion Date (for

the whole works or the milestone as stated in the contract data). The total amount of liquidated

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 thé 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 Ifthe Intended Completion Date is extended after liquidated damages have been paid, the Engineer

shall correct any overpayment of liquidated damages by the Contractor by adjusting the next

payment certificate. The Contractor shall not be entitled for any interest on the over payment

.calculated from the date of payment to the date of repayment.

49.3 If the contractor fails to comply with the time for completion

as stipulated in the tender, then the

contractor shall pay to the employer the relevant

sum stated in the Contract Data as Liquidated

damages for such default and not as penaltyfor everyday or part of day which shall elapse between

relevant time for completion and the date stated in thetaking overcertificate ofthe whole ofthe works

onthe relevant section, subject to the limitstated 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 orto 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 Pärt 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 '17.

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

51. Advance Payment.

51.1 The Employer shall make advance payment (not IO 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

Contractor 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 adv.ance payment. The guarantee shall

remain effective until the advance payment has been repaid, but the amount ofthe guarantee shall be

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

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

512 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

51.3 The advance payment shall be repaid by deduction proportionate amount from payments othemise

due to the Contractor, following the schedule of completed percentages of the Works on

basis. No account shall be taken of the advance payment or its repayment in assessing valuations of

work done, variations, price adjustments, Compensation Eventsr 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 ofAcceptange and shall be Issued in an amount

and form and by a bank or surety acceptåble 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 fromthe Contractor's acts or omissions.

E. FINISHING THE CONTRACT

55.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the works and the

Engineer will do so upon deciding that the work is 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 Completiom

57. Final Account

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

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 Accountis 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 (LI becoming L2) on account of excesses and savings in final

account is observed, the Engineer/Employer Shaf} be at liberty to restrict the final payment of BOQ

items to the lowest amount evaluated of the bids considering the final quantities and the rates quoted

including the rebates if any. Payment of variation items shall however be made at the rates approved

by the Employer, within 90 days from the physical completion of work.

58. Operating and Maintenance Manuals

58.1 If "as built" drawings and/or operating and maintenance manuals are required, the Contractor shall

supply them by the dates stated in the Contract 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:

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 bythe 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 Contraotor is made bankrupt or goes into liquidation other than for a

reconstructions or amalgamation

4. A payment certified bythe Engineer is not paid by the Employer to the Contractor within 56 days

of the date ofthe 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

6. The Contractor does not maintain a securitywhich is required;

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

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

8, Ifthe Contractor, in the judgment ofthe Employer has engaged in corrupt orfraudulent 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 ofvalue 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

o 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 592 above, the Engineer shall decide whether the breach is

fundamental or hot.

59.4 Notwithstandingthe 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 thecettificate, less other recoveries due in terms of the contract, less taxes

due to deducted at source as per applicable law and less the percentage to apply to the work not

completed as indicated in the Contract data. Additional Liquidated Damages shall not apply, If the

total amount due to the Employer exceeds any payment due to the Contractor the difference shall be

total amount due to the Employer exceeds any payment due to the Contractor the difference shall be

a debt payable to the Employer.

602 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 doney 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, ifthe Contract is terminated because of a Contractor's default.

62. Release from Performance

62.1 If the Contract is frustrated by the outbreak of war of by any other event entirely outside the control of

either the Employer or the Contractor the Engineer shall certify that the Contract has been frustrated.

The Contractor shall make the Site safe and stop work as quickly as possible after receiving this

certificate and shall be paid for all work carried out before receiving it and for any work carried out

afterwards to which commitment was made,

E 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

The Contractor shall, if required bythe Engineer, deliver to the Engineer a return in detail, in such form

and at such intervals as the Engineer may prescribe, showing the staffand the Humbers

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 ofthe contäct, 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 centräl 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 js 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 formaking good the

loss or damage suffered by the Employer.

The employees of the Contractor and the Sub-Contractor in no case shall be treated as the

employees ofthe 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

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 Misßellarxepus Proyjsion Act '1952:- The Act Provides for monthly

contributions by the employer plus workers or 8.33% The benefits payable under the Act are :

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance cn 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) (Regulation & Act 1970 : The Act provides for certain welfare

measures to be provided by the Contractor to contract labour and in case the Contractor fails to

provide, the same are required to be provided, by the Principal Employer by Law. The principal

Employer is required to take Certificate of Registration and the Contractor is required to take license

from the designated Officer. The Act is applicable to the establishments or Contractor of Principal

Employer, if they employ 20 or more contract labour.

(F) Minimum Wages Act 1946 The Employer is supposed to pay not less than the Minimum Wages

fixed by appropriate Government as per provisions of the Act, if the employment is a scheduled

employment. Construction of Building, Roads, Runways are scheduled employment.

(G) Pgyunents 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 rnaking discrimination against female employees in

the matter of transfer, training and promotions etc.

Payments of Bonus Act | 965 The Act is applicable to all establishments employing 20 or more

employees. The Act provides for payments of annual bonus subject to a minimum of 8.33% of

wages and maximum of 20 % of wages to employees drawing Rs, 3500/- per month or less. The

bonus to be paid to employees getting Rs, 2500/- per month or above Rs. 3500/- per month shall be

worked out by taking •wages as Rs, 2500/- per month only. The Act does not apply to certain

establishments. The newly set-up establishments are exempted for five years in certain

circumstances, Some ofthe State Governments have reduced the employment size from 20 to IO

for the purpose of applicabi!ity 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 .rulesgoverning the conditions of employment

by the Employer on matters provided in theAct and get thé same Certified by the designatedAuthority.

(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 js prohibited in

Building and Construction Industry.

(N) Inter - state Migrant workmen's (Regulation of

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 fqr 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.

(0) The Building and Other Constructign workers (Regulation of employment and Conditions Qt

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 underthis 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 goyernment 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 registration certificate from the Registering

Offioers appointed by the Government.

Eac$ories Act 1943 The Act lays down the procedure for approval of plans before setting up a

factory, health and safety provisions, welfare provisions, working hours, annual earned leave and

rendering information regarding accidents or dangerous occurrences to designated authorities. It is

applicable to premises employing 10 persons or more with aid of power or 20 or more persons without

the aid of power engaged in the manufacturing process.

(Q) Royalty charges-The contractor shall pay the royalty to the competent authority as per rule. The

royalty charges paid shall be borne by the contractor and shall not be reimbursed by the Employer.

(R) Following Pollution control Acts and amendments made thereof from time to time shall be

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of PollutionAct

3. Environmental (Protection)Act

The contractor must cömmit to adopting Environmental management plan for best energy use, waste

management, the reduction of pollution as in EMS (Environmental Management system)lSO-

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

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

given to the Engineer by the Contract or that the decision was wrongly taken, the decision shall be

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

Engineer's decision. If the issue is not resolved, any party can refer the matter for conciliation within

15 days from the decision given by the #Superintending Engineer.

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

#Superintending Engineer, both the parties have to refer to the #Chief Engineer concerned for

the conciliation process.

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

Superintending Engineer, both parties have to refer to the #Secretary, Roads & Building

Department, Government of Gujarat for the conciliation process.

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

Gujarat Public Works Contract Dispute Arbitration Tribunal. If the Contractor fails to refer a claim /

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

Contractor shall not be entitled to any additional payment/claim if he doesn't follow the above

sequence in stipulated time. However, during such period, he would not stop the work in any case.

Clause Reference With

respect To section

Item marked "N/A" do not apply to this Contract.

1. The Employers is [CL.I.I]

Name of authorized Representative (will be intimated later)

2. The Engineeris .aecuehte.EG.im.e.er

Name of Authorized Representative:

3. The Defects Liability Period is .....-,LA..... years from the date of completion. [CL. 1.1&33]

4. The Start Date shall be 1st days for the date of issue of the Notice to

proceed with the work. [CL.I.I]

5. The Intended Completion Date for the whole of the works is

.c...... Months after start of work with the following milestones:

Milestone dates: [CL.2.2& 49.1]

Physical works to be completed Period fromthe stad date

Milestone 1 i.e. .4.5.. days.

Milestone 2 i.e. 49...0/0 :.3.9..days.

Milestone 3 i.e. .73..0/0 135... days.

Milestone 4 i.e. LEO..days.

6. The Site is located at [CL.I.I]

The name and identification number of the Contract is: [CL.I.I]

8. The works consist of .......Rodd- .

.................with items as per B.O.Q. [CL.I.I]

The works shall, inter alia, include the following, as Specified or as directed:

(A) Road Works :

Site clearance; setting out and layout; widening of existing carriageway

and strengthening including camber corrections; construction of new

road/ Parallel service road; bituminous pavements remodeling/

construction of Junctions, intersections, bus bays, lay-bays; supplying

and placing of drainage Channels, flumes, guard posts and guard other

related items; construction/extension of cross drainage works, bridge,

approaches and other related stones; protective works for 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 inaccordance with the draWings and the provisions of

the contract and to ensure safety.

Depu xecuti e Engineer

& B sub Division

(B) Bridge Works

Site clearance; setting out, provision offoundations, piers abutments and

bearing; prestressed/reinforced cement concrete superstructu re;wearing

coat, hand railings, expänsion 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

the workson completion;

assurance;clearing the site and handing over

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 ICL.I.I]

Any Other Items as required to fulfill all contractual obligations as per the

10. The following documents also form part of the Contract:

As per clause 2-3 [CL.2.3(9)]

11. The law which applies to the Contract is the law ofUnion of India [CL.3.1]

12. The language ofthe Contract documents is English [CL.3.1]

13. Limit of subcontracting 25% of the Initial Contract Price tCL.7.1J

'14. The Schedule of Other Contractors [CL.8]

'1>5. The Schedule of KeyPersonnel AS perAnnex— II to Section I [CL.9]

16. The minimum insurance cover for physical property, injury and death is

Rs. 5 lakhs per occurrence with the number of occurrences limited to four.

After each occurrence, the contractor will pay an additional premium

necessary to make 'insurance valid for four occurrences always. [CL,i3j

Site Investigation report LCL,14]

18. The Site Possession dqtes shall be the CDOMI( [CL.21]

19, The period for submission of programme for approval of the engineer shall

be 21 days from the issue of Letter of Acceptance, [CL. 27, 1]

20. The period between program updates will be .....US......days. [CI-.27.3]

21. The amount to be withheld for late submission of an updated programme

shall be Rs. lakhs [CL. 27.3]

22. The following events shall also be Compensation Events

Substantially adverse ground conditions encountered during the

course of execution of work not provided for in the bidding

docunient, [CL. 44]

Removal of underground utilities detected subsequently

Significant changes in classification of soil requiring additional

mobilization by the contractor, e.g. ordinary soil to rock excavation,

(iii) Removal of unsuitable material like marsh, debris dumps,

etc, not caused by the contractor.

Deput t' Engineer Executiv Engineer

R & B Sub Division R & B Division

(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 'Bitumenj (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:

Increase or decrease in the cost of work during the month under

consideration due to changes in rates for local labour.

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 India.

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 for cement.

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.

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 forincrease or decrease in the costqf steel procured by the contractor shall

be paid in accordance with the following formula

Vs= Increase or decrease in the cost Of work during themonth under consideration due

to changes in the rates for steel

The all India wholesale price index for steel (Mild Steel • Long Products Rebars)

on 28 days preceding the date of opening of Techn)cal 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.

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 bitumén 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 bitumem

Bö= The official retail price of bitumen at the IOC depot at the nearest centre on the day

days prior to the scheduled dateof opening oftechnical 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 ofthe work

Adjustment of POL (fuel and lubricant) component

Price adjustment for increase or decrease in cost of POL (fuel and lubricant) shall be

paid in accordance with the following formula

Increase or decrease in the cost of work during the month under consideration due to

changes in rates forfuel and lubricants.

Foz 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 Technical Bids.

The official retail price of HSD at the existing consumer pumps of IOC at the nearest

centre for the 1 5th day of the month ofthe under consideration.

Percentage of fuel and lubricants component of the work

Note: For the application of this clause, the price of High-Speed diesel Oil has been chosen to

represent the fuel and lubricants group.

Adjustment for Construction Machinery

(vi) Price adjustment for increase or decrease in the cost of plant and Machinery spare procured by

the Contractor shall be paid in accordance with the following formula

Increase or decrease in the cost of work during the month under consideration düe to

changes in rates for plant and machinery spares

PO = The all India wholesale price indeTfö7Fnufacturer of machinery for mining,

quarrying and Construction for the month under consideration as published

Office ofthe EconomicAdviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

The all India average wholesale price index for manufacturer of machinery for

mining, quarrying and Construction for the month under consideration as

published Office of the Economic Adviser, Department for Promotion of Industry

and Internal Trade, Ministry ofCommerce & Industry.

Pp= Percentage of plant and machinery spares component of the work.

Note: For the application ofthis clause, index of Heavy Machinery and parts has been chosen

to represent the Plant and Machinery Spares group

Adjustment of other materials Component

(vji) 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

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.

MO = •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 EconomicAdviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce & Industry.

Pm= Percentage of local material components'(other than cement, steel, bitumen and POL)

The following percentage will govern the price adjustment for the entire contract:

1. Labour-Pl 16,14.0/0

2. Cement— Pc ocerJ..0/0

5. POL- Pf k.Åk,O/0

6. Plant & Machinery Spares Pp .24..0/0

7. Other Materials - Pm IS.kP.O/0

25, The proportion of payments retained (retention money) shall be 6% {CL. 48}

from each bill subject toea maximum of 5% of final contract price.

26. Amount of Liquidated damages for For Whole of work {CL.49}delay in completion of works

delay in completion work (1/2000)th of the Initial contract pricé, rounded off to the

nearest Thousand, per day, For sectional Completion

(wherever specified In item 6 of Contract data)

(1/2000)th rof initial contract price for #5 km Section,

rounded offto the nearest thousand and per day.

Deput xecut• Engineer

Executiv Engineer

R& B Sub Division R & B Division

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 Be fulfilled

Mobilization 10% ofthe contract Price On submission of unconditional 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.

ii Equipment 90% for new and 50% of After equipment is brought to site (provided

depreciated Value for old the Engineer is satisfied That the equipment

equipment. Total amount is required for performance of the contract)

equipment. Total amount is required for performance of the contract)

will be subject to a maximum and on submission of unconditional Bank

of 5% Of the Contract Price Guarantee for amount of advance

iii Seéured Deleted

Brought to site

(The advance payment will be paid to the Contractor no later than 28 days after fulfillment of the

above conditions).

31. Repayment of advance payment for mobilization and equipment {CL. 51.3}

The advance loan shall be repaid with percentage deduction from the interim payments certified by

the Engineer under the Contract. Deduction shall commence in the next Interim Payment Certificate

following that in which the total of all Such payments to the Contractor has reached not less than

percent of the Contract Price or 6 (six) months from 'the date of payment of first installment tof

advance, whichever period concludes earlier, and shall be •made at the rate of 20 percent

(collectively_ for both Mobilization Advance and Eauipment 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

33, The securities shall be for the following minimum amounts equivalent (CL. 52)

As a percentage of the Contract Price:

Performance Security for 5 percent Of contract price plus Rs (to be decided after

evaluation ofthe 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 ofthe type as presented in Section 8 ofthe Bidding Documents,

34. The Schedule of Operating and maintenance Manuals,. .„N/A.

35. The date by which gas— built" drawings (in scale as directed) jn 2 sets

are required {CL. 58}

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 by

the Date required is Rs Lakhs. {CL. 58}

37. The following events shall also be fundamentalsbreach of contract:

"The Contractor has contravened Sub" clause and Clause 9 of GCC"

38. The percentage to apply the value of the work not completed representing

the Employer's additional cost for completing the Works shall be

TECHNICAL SPECIFICATION

Description of the Works:

1. We offer to execute the Works described above and remedy. any defects therein in conformity with the

conditions of Contract, specification, drawings, Bill of Quantities and Addenda for the sum (s) of

2. We undertake, if our Bid is accepted, to commence the Works as soon as is reasonably possible after

the receipt of the Engineer's notiCe to commence, and to complete the whole of the Works in the

Contact within the time stated in the 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

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.

Dated this day of

Signature in the capacity of

dulyauthorized to sign bids for and on behalf of

(in block capitals or typed)

BILL OF QUANTITIES