SR to Vishramgruh at uplta by Pro. New Furniture Work (TV Unit, Bed, Storage Box, Dressing Table Etc. at Room No. 1,4,7,8) (2nd try)

SR to Vishramgruh at uplta by Pro. New Furniture

Work (TV Unit, Bed, Storage Box, Dressing Table Etc.

at Room No. 1,4,7,8)

GOVERNMENT OF GUJARAT

ROADS AND BUILDING DEPARTMENT

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

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

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

Sr No Section Description Page No

1 Invitation for Bid (IFB)

2 Section -1 Instructions to Bidders

3 Section -2 Qualification Information

4 Section -3 Conditions of Contract

5 Section -4 Contract Data

6 Section -5 Technical Specification

7 Section -6 Form of Bid

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

10 Section -9 Drawings

11 Section -10 Documents to be furnished by Bidder

INVITATION FOR BID

NATIONAL COMPETITIVE BIDDING

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

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

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

No. value of security document completion Registration /

works (Rs.) (Rs.) Category of

1 SR to Vishramgruh 2787709.81 28000.00 1500.00 03 (Three) “E-1” Class &

at uplta by Pro. New

Furniture Work including

Dressing Table Etc.

at Room No. 1,4,7,8)

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

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

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

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

Tender Fee through Demand Draft only of any Schedule Bank payable at Rajkot and in

favour of ‘Executive Engineer, District (R & B) Division, Rajkot’. Once the Bid is

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

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

Security / EMD shall be submitted in electronic format through online (by scanning) while

uploading the bid, this submission shall mean that bid document / tender fee and Bid

Security / EMD has been received. Accordingly, the offer of only those shall be openedwhose

Bid Document / Tender Fee and Bid Security / EMD have been received electronically.

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

shall send the same in original through R.P.A.D. so as to reach to Executive Engineer,

District (R & B) Division, Rajkot within 7 Days from the last day of bidsubmission.

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

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

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

NIT at website https://tender.nprocure.com in the presence of the bidders or their

authorized representatives, who wish to remain present.

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

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

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

office of Superintendant Engineer R & B Circle-1 Rajkot to clarify the issues and to answer

questions on any matter that. ................................................may be raised at that stage as stated

in clause 9.2 of instructions toBidders’ of the bidding documents.

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

be rounded off to the next thousand rupees.

7. Other Information is as under:

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

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

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

or online request in this regard shall be granted.

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

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

submission of Bids, will not be considered or accepted.

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

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

Engineer-in-Charge.

E. Conditional tender shall not be accepted.

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

are liable to be rejected.

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

bidder will be considered non-responsive.

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

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

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

in electronic format at appropriate places only.

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

disqualification.

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

it shall not be deemed to be a ground / reason for not giving required information for

this work / bid.

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

this bid. The Government will not ask for any other information, unless it is found

absolutely necessary by the competent authority.

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

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

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

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

Bridge Works following documents shall be submitted in electronic format only through

online by scanning and the (i) Bid Document Fee / Tender Fee (ii) Bid Security / EMD

should be sent in original to the Tender opening authority through RPAD, so as to reach

the Executive Engineer within 7 days from last day of submission of Bid.

(i) Bid Document Fee / Tender Fee

(ii) Bid Security / EMDor ValidEMD Exemption Certificate of Appropriate Class of

Registration of Approved Contractors

(iii) Registration Certificate of Appropriate Class

(iv) Registration Certificate of Special Category - Road / Bridge / Building and Category I

/ II / III, if required

(vi) Work Experience, if necessary…

(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

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

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

3. Eligible Bidders 8 21. Late Bids

4. Qualification of the 8 22. Modification and

Bidder Withdrawal of Bids

5. One Bid per Bidder

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

7. Site Visit 12 23. Bid Opening

B. Bid ding Documents 25. Clarification of Financial

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

Documents Determination of

9. Clarification of Bidding 13 27. Correction of Errors

10. Amendment of Bidding 14 28. Deleted

29. Evaluation and Comparison

of Financial Bids

C. Pr eparation of Bids 30. Deleted

11. Language of Bid

12. Documents Comprising 15 F. Award of Contract

13. Bid Prices 15 31. Award Criteria

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

Payment any Bid and to Reject any

15. Bid Validity 16 33. Notification of Award and

Signing of Agreement

16. Bid Security 16 34. Performance Security

17. Alternative Proposals By 17 35. Advance Payment and

Bidders Security

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

37. Correct or Fraudulent

1. Scope of Bid

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

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

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

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

date specified in the Contract data.

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

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

2. Source of Funds

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

India for centrally sponsored projects.

3. Eligible Bidders

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

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

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

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

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

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

services for the preparation or supervision of the works, and any of its affiliates, shall not be

eligible to bid.

4. Qualification of the Bidder

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

preliminary description of the proposed work method and schedule, including drawings

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

construction backed with equipment planning and deployment duly supported with broad

calculations and quality assurance procedures proposed to be adopted justifying their

capability of execution and completion of work as per technical specifications, within

stipulated period of completion.

4.5 QUALIFICATION CRITERIA:

(Applicable for the works which require Post Qualification)

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

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

equipment capabilities and financial positions, as demonstrated by the applicant’s

responses in the forms attached to the letter of application ( specified requirement for joint

ventures are given under para 4.6 below ) Subcontractors experience and resources shall

not be taken in to account in determining the applicants compliance with the qualifying

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

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

given in paragraphs 4.5.4, 4.5.5 and 4.5.9 below

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

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

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

Year Financial Year Multiplying factor

Base year of inviting tender 2025-2026

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

by them without accounting for the above-mentioned factors.

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

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

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

bid) will be applied for the purpose of conversion of the amount in foreign currency into

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

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

of highway (road and / or bridge works) airport runway of at least 40 percent of the

value of proposed contract within the last five years.

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

member of a joint venture or as a nominatedsub-contractor. As subcontractor, he

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

the proposed contract. In case a project has been executed by a joint venture, weight

towards experience of the project would be given to each joint venture in proportion

to their financial participation in the joint venture.

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

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

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

satisfactorily.

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

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

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

other relevant information.

4.5.4. Personnel Capabilities.

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

4.5.5. Equipment Capabilities

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

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

are shown in the Appendix.

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

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

necessary drawings and calculations to allow the employer to review their proposals. The

numbers, types and capacities of each plant/equipment shall be shown in the proposals

along with the cycle time for each operation for the given production capacity to match the

4.5.6. Financial Position

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

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

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

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

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

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

inquiries with the applicant’s bankers.

4.5.8. Litigation History

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

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

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

4.5.9. Disqualification

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

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

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

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

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

rescinding of contract of a joint venture on account of reasons other than non –

performance, such as Most Experienced partner of joint venture pulling out, court

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

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

qualification of the individual partners.

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

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

4.6.1. Joint ventures must comply with the following requirement:

(a) Following are the minimum qualification requirements:

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

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

above. The experience of the other joint venture partners shall be considered if it is not

less than 30 percent of the qualifying criteria in para 4.5.3 & 4.5.6 above.

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

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

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

liabilities with respect to the contract.

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

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

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

the written approval of the Employer.

4.7. Bid Capacity.

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

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

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

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

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

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

well as works in Progress.

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

completed during the next 03 Months (period of completion of work for which bids

are invited); and

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

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

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

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

disqualified if they have:

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

submitted in proof the qualification requirements; and / or

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

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

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

high bid prices and could not furnish rational justificationto the employer.

5. One bid per bidder

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

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

that have been permitted or requested) will cause all the proposals with the bidder’s

participation to be disqualified.

6. Cost of Bidding

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

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

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

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

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

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

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

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

accordance with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

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

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

(refer clause 12).

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

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

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

shall be at the bidder’s own risk. Pursuant to clause 26 hereof, bids which are not

substantially responsive to the requirements of the Bid Documents shall be rejected.

9. Clarification Bidding Documents

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

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

invitation to bid. The Employer will respond to any request for clarification which he

received earlier than 15 days prior to the deadline for submission of bids. Employer’s

response will be published on website including a description of the enquiry but without

identifying its source.

9.2. Pre-bid meeting

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

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

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

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

through the minutes of the pre-bid meeting.

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

10. Amendment of Bidding Documents

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

documents by issuing addenda.

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

assume no responsibility for the same.

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

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

deadline for submission of bids, in accordance with Sub-Clause 20.2 below.

C. PREPARATION OF BIDS

11. Language of the Bid

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

12. Documents Comprising the Bid

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

be in two separate parts:

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

(i) Bid Security in the form specified in Section

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

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

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

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

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

(i) Form of Bid as specified in Section

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

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

well as financial and must be submitted online only.

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

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

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

priced Bill of Quantities submitted by the Bidder.

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

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

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

paid for by the Bill of Quantities.

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

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

the Bidder. (GST will be paid extra)

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

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

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

14. Currencies of Bid and Payment

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

payments shall be made in Indian Rupees.

15. Bid Validity

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

submission specified in Clause

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

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

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

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

validity of his security for a period of the extension, and in compliance with Clause 16 in all

#16. Bid Security

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

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

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

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

(Bank Guarantee is applicable only for Bid Estimated Amount of 01 Crore and above)

and Bank Guarantee of Schedule and Private Banks shall be considered as per GoG Finance

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

their latest amendment.

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

approved by the Reserve Bank of India.

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

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

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

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

criteria of bidder.

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

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

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

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

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

bid validity period specified in Sub-Clause

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

the Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

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

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

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

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

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

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

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

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

17. Alternative Proposals by Bidders.

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

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

completion), basic technical design as indicated in the drawing and specifications.

Conditional offers or alternative offers will not be considered further in the process of

tender evaluation.

18. Format and Signing of Bid

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

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

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

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

above not later than the date indicated in appendix.

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

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

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

22. Modification and Withdrawal of Bids

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

20 or pursuant to Clause

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

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

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

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

E. BID OPENING AND EVALUATION

23. Bid Opening

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

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

time, date and the place specified in Appendix in the manner specified in Clauses 20 and

23.3, In the event of the specified date of Bid opening being declared a holiday for the

Employer, the Bids will be opened at the appointed time and location on the next working

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

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

the amount and validity period as specified in the invitation for bid (ref. Column 4 and

paragraph 3), and has not been furnished in the form specified in Clause 16, the technical

bid will not be opened.

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

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

Qualification information and other information furnished in part I of the bid

pursuant to Clause 12.1.

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

with respect to any required clarification.

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

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

Evaluation Committee will finalize the list of responsive bidders whose financial bids

are eligible for consideration.

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

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

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

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

discount and such other details as the Employer may consider appropriate, will be

announced by the Employer at the opening.

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

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

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

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

discount, and such other details as the Employer may consider appropriate, will be

announced by the Employer at the opening.

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

Bid” shall be in order of estimatedamount of Bids from highest to lowest.

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

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

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

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

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

Bidder has been announced. Any effort by Bidder to influence the Employer’s processing of

Bids or award decisions may result in the rejection of his Bid.

25. Clarification of Financial Bids

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

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

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

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

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

evaluation of the Bids.

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

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

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

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

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

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

and specifications of bidding documents, without material deviation or reservation. A

material deviation or reservation is one (a) which affects in any substantial way the scope,

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

with the Bidding documents, the Employer’s rights or the Bidder’s obligations under the

Contract; or (c) whose rectification would affect unfairly the competitive position of other

Bidders presenting substantially responsive Bids.

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

may not subsequently be made responsive by correction or withdrawal of the non-

conforming deviation or reservation.

29. Evaluation and Comparison of Financial Bids

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

responsive in accordance with Sub-Clause 26.2.

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

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

documents or otherwise result in unsolicited benefits for the Employer, shall not be taken

into account in Bid evaluation.

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

of Contact, during the period of implementation of the Contract, will not be taken into

account in Bid evaluation.

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

estimate of the cost of work to be performed under the contract the Employer may require

the Bidder to produce detailed consistency of those prices with the construction methods

and schedule proposed. After evaluation of the price analyses, the Employer may require

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

expense of the successful /bidder to a level sufficient to protect the Employer against

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

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

low and which cannot be substantiated satisfactorily by the bidder may be rejected as non-

F. AWARD OF CONTRACT

31. Award Criteria

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

been determined.

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

lowest evaluated Bid Price; and

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

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

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

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

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

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

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

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

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

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

33. Notification of Award and Signing of Agreement

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

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

registered letter. This letter (hereinafter and in the condition of contract called the “Letter

of Acceptance”) will state the sum that the Employer will pay the Contractor in

consideration of the execution, completion, and maintenance of the Works by the

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

“Contract Price”).

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

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

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

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

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

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

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

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

34. Performance Security

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

furnish to the Employer an irrevocable and unconditional guarantee from a Bank in the

form set forth in Section 8 (the “Performance Security”) for an amount equal to 5%

(five percent) of its Contract Price. In case of bids mentioned below, the successful

Bidder, along with the Performance Security, shall also furnish to the Authority an

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

8 towards an Additional Performance Security (The “Additional Performance Security”)

for an amount calculated as under:

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

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

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

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

Contract Price offered by the selected Bidder.

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

Estimated Project Cost, then the Additional Performance Security shall be

calculated @ 30% of the difference in the (i) Estimated Project Cost (as

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

Contract Price offered by the selected Bidder.

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

Performance Security.

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

Liability Period and the Additional Performance Security shall be valid beyond

(twenty-eight) days of Project Completion Date.

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

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

Indian bank or (b) by a foreign bank located in India and acceptable to the Employer. As

per GoG Finance Department’s Circular No. FD/MSM/e-file/4/2023/0057/D.M.O. Date

21/04/2023 or as per their latest amendment.

34.3. Failure of the successful Bidder to comply with the requirement of Sub-Clause 34.1 shall

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

35 Advance Payment and Security

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

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

37. Corrupt of Fraudulent Practices

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

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

question and will declare the firm ineligible, either indefinitely or for a stated period of

time, to be awarded a contract with National Highways Authority of India/ State PWD and

any other agencies, if it at any time determines that the firm has engaged in corrupt or

fraudulent practices in completing for the contractor, or in execution.

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

Conditions of Contract.

APPENDIX TO ITB

Clause Reference

With respect to

1. The Name of the Employer is Executive Engineer District R&B [ Cl.1.1]

Division Rajkot

2. The last five years.

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

4. Value of Work is Rs.4097119.50

6. The cost of electric work is Rs.

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

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

9. Price level of the financial year 2024-2025 [Cl. 4.5.2]

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

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

Engineer, (R&B) Circle-1, Rajkot on dt……………..... at ………….AM/PM

12. Address of the Employer: Dr. Chhelbhai Dave marg, Opp. Jasani

College Rajkot.

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 Superintending Engineer, (R&B) Circle-1, [Cl. 23.1 ]

Rajkot As stated on online NIT

16. The Bank Draft in favor of Executive Engineer District R&B Division

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

executed and financial figure to a common base

value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender 2025-2026

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

[Reference CL. 4.5.5]

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

propose to use on the work.

Sr. Plant or Location Age of Make Capacity Approximate Remark

No. Machinery Machinery Value

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

# Employment of a qualified site Engineer by the Contractor.

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

work as under: -

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

to be executed is more than Rs.50 lakhs.

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

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

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

but more than Rs.5 lakhs.

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

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

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

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

except this work.

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

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

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

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

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

marksheet, Colour Photograph and the appointment order issued such engineers

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

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

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

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

QUALIFICATION INFORMATION

QUALIFICATION INFORMATION

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

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

information will not be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder

Place of registration _________________________________

Principal place of business _________________________________

Power of attorney of signatory of Bid

1.2 Total value of Civil engineering constructions 20___20 ____

Work performed in the last five years 20___20_____

(in Rs. Lakhs) 20___20_____

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

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

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

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

in current year before the submission of the bid.

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

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

Employer (Rs. issue completion completion* reasons for

Crore) of delay &

order Completed

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

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

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

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

execution of all main items of work described in the bid document, provided, further that all

other qualification criteria are called (in the same name and style) in the last five years**

and in current year before the submission of the bid.

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

of the the Cement Masonry Earth Bituminous (indicate

work Employer Concrete Works Work contract Ref)

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

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

(A) Existing commitments and on-going works:

Description Place Contract Name & Value Stipulated Value of Anticipated

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

State Employer (Rs. Cr) Completion remaining to completion

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

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

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

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

Item of Requirement Availability Proposals Remarks

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

Leased to be Capacity Conditions whom to

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

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

Position Name Qualification Year of Year of

Experience experience in

(General) the proposed

Project Manager

1.7 Proposed sub-contract and firms involved

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

works Contractor (Name & similar work

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

sanitary work/ building electrification works.

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

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

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

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

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

provide references if contacted by the Employer.

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

Other Party Employer Cause of Amount Remarks

(ies) Dispute Involved showing

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

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

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

charts as necessary to comply with the requirements of the Bidding documents.

(ReferITBClause 4.1)

3. Additional Requirements

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

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

(ii) Undertaking

* Fill the name of Consultant

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR

AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

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

good financial standing.

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

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

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

during the contract period.

Senior Bank Manager

Address of the Bank

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

attachments are true and correct.

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

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

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

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

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

corporation to furnish pertinent information deemed necessary and requested by the

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

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

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

Department/ Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

I, the undersigned do hereby undertake that our firm M/s…………………………………………..….…...

would invest a minimum cash up to 25% of the value of the work during implementation of the

(Signed by an Authorized officer of the firm)

Title of officer

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A General Page D. Cost Control

1 Definitions 37 37 Bill of Quantities

2 Interpretation 38 38 Changes in the Quantities

3 Language and Law 39 39 Variations

4 Engineer’s Decisions 39 40 Payments for Variations

5 Delegations 39 41 Cash Flow Forecasts

6 Communications 39 42 Payment Certificates

7 Sub-Contractors 39 43 Payments

8 Other Contractors 39 44 Compensations Events

9 Personnel 40 45 Tax

10 Employer’s & Contractor Risk 40 46 Currencies

11 Employers Risks 40 47 Price Adjustment

12 Contractor’s Risk 40 48 Retention

13 Insurance 40 49 Liquidated damages

14 Site Investigations Reports 41 50 Bonus

15 Queries about the Contract 41 51 Advance Payment

16 Contractors to Construct the 41 52 Securities

17 The Works to be Completed By 41 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 41 54 Cost of Repair

20 Discoveries 42 E. Finishing the Contract

21 Possession of the Site 42 55 Completion

22 Access to the Site 42 56 Taking Over

23 Instructions 42 57 Final Account

24 Disputes 42 58 Operating and Maintenance

25 Procedure for Disputes

26 Deleted 43 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 44 62 Release from Performance

28 Extensions of the Intended

completion date

29 Deleted 44 F. Special Conditions of

30 Delays Ordered by The 44 63 Labour

Engineer 64 Compliance with labour

31 Management Meetings 45 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

CONDITIONS OF CONTRACT

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

Contract but keep their defined meaning.

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

Compensation Events are those defined in Clause 44 hereunder

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

Engineer in accordance with Sub Clause

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

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

consists of the documents listed in Clause 2.3 below.

The Contract data defines the documents and other information which comprise

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

been accepted by the Employer.

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

Contractor to the Employer and includes Technical and Financial Bids.

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

adjusted in accordance with the provisions of the Contract.

Days are calendar days: months are calendar months.

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

calculated from the Completion Date.

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

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

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

who is responsible for supervising the Contractor, administering the Contract, certifying

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

extensions of time, and valuing the Compensations Events.

Equipment is Contractor’s machinery and vehicles brought temporarily to the site

to construct the Works.

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

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

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

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

issuing an extension of time.

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

incorporation in the works.

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

electronic or chemical or biological functions.

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

Site Investigation Reports are those which were included in the Bidding

documents and are factual interpretive reports about the surface and subsurface conditions

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

any modification or addition made or approved by the Engineer.

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

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

Possession Dates.

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

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

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

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

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

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

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

2. Interpretation

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

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

Words have their normal meaning under the language of the Contract unless

specifically defined. The Engineer will provide instructions clarifying queries about

Conditions of Contract.

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

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

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

Intended Completion date for the whole works)

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

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

(3) Contractor’s Bid.

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

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

3. Language and Law

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

4. Engineers Decisions

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

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

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

6. Communications

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

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

terms of Indian Contract Act).

7. Sub-Contracting

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

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

without the approval of the Employer in writing. Subcontracting shall not alter the

Contractor’s obligations. Sub-contracting of supply or specific items of work is

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

of work to be subcontracted.

8. Other Contractors

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

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

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

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

modify the schedule of other contractors and shall notify the contractor of any such

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 of or damage to the works, Plant and materials,

(b) Loss of or damage to Equipment

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

Equipment) in connection with the Contract; and

(d) Personal injury or death.

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

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

provide for compensation to be payable in the types and proportions of currencies

required to rectify the loss or damage incurred.

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

Employer may affect the insurance which the Contractor should have provided and

recover the premiums the Employer has paid from payments otherwise due to the

Contractor or, if no payment is due, the payment of the premiums shall be a debt

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

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

14. Site Investigation Report

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

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

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

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

specification and Drawings.

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

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

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

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

Intended Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the proposed

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

Specifications and drawings.

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

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

Temporary works.

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

works where required.

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

permanent work are subject to prior approval by the Engineer before their 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’sinstructions for dealing

21. Possession of the Site

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

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

is deemed to have delayed the start of the relevant activities and this will be a

Compensation Event.

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

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

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

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

22. Access to the Site

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

access to the Site, to any place where work in connection with the Contract is being

carried out or is intended to be carried out and to any place where materials or

plants are being manufactured/ fabricated/ assembled for the works.

23. Instructions

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

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

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

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

auditors appointed by the Employer, if so required by the Employer.

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

outside the authority given to the Engineer by the Contract or that the decision was

wrongly taken, the decision shall be referred to #Superintending Engineer(Higher

Authority)within 14 days of the notification of the Engineer's decision. If the issue is

not resolved, any party can refer the matter for conciliation within 15 days from the

decision given by the #Superintending Engineer.

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

decision of the #Superintending Engineer, both the parties have to refer to the

Chief Engineer concern for the conciliation 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.

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

dispute to Gujarat Public Works Contract Dispute Arbitration Tribunal. If the

Contractor fails to refer a claim / dispute to the Higher Authority within 14 days of

the notification of the Engineer's decision, the Contractor shall not be entitled to any

additional payment/claim if he doesn’t follow the above sequence in stipulated time

and he should not stop the work.

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

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 anupdated programmeat

intervals no longer than the period stated in the Contract data. If the Contractor does

not submit an updatedprogramme within this period, the Engineer may withhold the

amount stated in the Contract data from the next payment after the date on which

the overdue programme has been submitted.

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

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

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

Compensations events.

28. Extension of the Intended Completion Date

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

occurs or a Variation is issued which makes it impossible for completion to be

achieved by the Intended Completion Date without the Contractor taking steps to

accelerate the remaining work and which would cause the Contractor to incur

additional cost.

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

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

upon the effect of a compensation event or Variation and submitting full supporting

information. If the Contractor has failed to give early warning of a delay or has failed

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

in assessing the new Intended Completion Date.

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

for extension of Intended Completion Date refer to the Employer his decision. The

employer shall in not more than 21 days communicate to the engineer the

acceptance or otherwise of the Engineer’s decision. If the employer fails to give his

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

the matter under Clause

30. Delays Ordered by the Engineer

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

activity within the works.

31. Management Meetings

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

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

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

warning procedure.

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

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

responsibility of the parties for actions to be taken is to be decided by the Engineer

either at the management meeting or after the management meeting and stated in

writing to all who attended the meeting.

32. Early Warning

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

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

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

require the contractor to provide an estimate of the expected effect of the future

event or circumstance on the contract price and completion date. The estimate is to

be provided by the Contractor as soon as reasonably possible.

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

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

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

instruction of the Engineer.

C. QUALITY CONTROL

# 33. Identifying Defects/ Defect liability period

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

remedy at his own expense any defect which may develop or may be noticed before

the period mentioned hereunder from the certified date of completion. The Engineer

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

contractor shall make good the same within 15 days of receipt of the notice. In the

case of failure on the part of the contractor, the Engineer-in-charge may rectify or

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

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

security deposit towards the expenses, if any, Incurred by him in rectification,

removal or re-execution. The Defects Liability period shall be as under….

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

Months from the certified date of completion.

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

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

completion or one monsoon, whichever is later.

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

the certified date of completion which should include three monsoons.

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

monsoon period following date of possession of building taken over by user agency

following the certified date of completion, whichever is later.

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

treated as the last date.

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

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

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

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

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

the date of completion.

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

shall have to give four years free maintenance guarantee from the certified date

of completion. During this period the contractor shall visit the site every 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 15 days by the contractor at his risk and cost as

per the direction of Engineer in charge. The contractor needs to do videography

of these visits and require to submit at the time of release of FMG. If B.T. the

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

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

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

and will be released after the free maintenance guarantee period (i.e. 4 years) is

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

guarantee pledged in the name of Executive Engineer after completion certificate

of work is issued.

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

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

the material in question.

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

till the miscellaneous items like earthwork in embankment / cutting for side

shoulders, side gutters, kilometer / indicator / guard stones, sign boards etc. are

completed in all respect by the contractor. After completion of the miscellaneous

items, the above said 2% withheld amount shall be released.

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

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

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

more than Rs. 5.00 Crore.

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

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

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

engineer (subject to due verification by engineer’s representative) by contractor

in writing, Rs.2,00,000/- shall be withheld. The qualified quality Engineer shall

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

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

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

deployment of quality engineer. The amount so recovered towards the

deployment of quality engineers shall not be refunded.

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

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

(6) Maintenance during Construction Period

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

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

thereof are at no time materially inferior as compared to their condition 10 (ten)

days prior to the date of the Agreement, and shall undertake the necessary repair

and maintenance works for this purpose; provided that the Contractor may, at

his cost, interrupt and divert the flow of traffic if such interruption and diversion

is necessary for the efficient progress of works and conforms to Good Industry

Practice; provided further that such interruption and diversion shall be

undertaken by the Contractor only with the prior written approval of the

Executive Engineer which approval shall not be unreasonably withheld. For the

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

responsible for ensuring safe operation of the road.

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

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

the Engineer may instruct the Contractor to search for a Defect and to uncover and

test any work that the Engineer considers may have a Defect.

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

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

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

shall be a Compensation Event.

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

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

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

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

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

35. Correction of defects

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

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

data. The Defects LiabilityPeriod shall be extended for as long as Defects remain to

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

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

36. Uncorrected Defects

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

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

and the Contractor will pay this amount.

D. COST CONTROL

37. Bill of Quantities

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

testing and commissioning work to be done by the Contractor.

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

for the quantity of the work done at the rate in the Bill of Quantities for each item.

38. Change in the Quantities

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

specifications , drawings, designs and instructions that may appear to him to be

necessary or advisable during the progress of the work and the contractor shall be

bound to carry out the work in accordance with any instruction in this connection

which may be given to him in writing signed by the Engineer and such alteration

shall not invalidate the contract and any additional work which the contractor may

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

out by the contractor on the same conditions in all respects on which he agreed to do

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

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

more than 130%, the contractor will be paid for the quantity in excess of 130%, at

the rate entered in the SOR of the year during which the excess in quantity is first

39.1 All Variations shall be included in updated programmesproduced by the Contractor.

40. Payments for Variations

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

specified in this contract, then such class of work shall be carried out as under.

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

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

comparable items, the item of the contract which is nearest in comparison with

regard to class or classes of the work involved shall be selected and the decision of

the Superintending Engineer as to the nearest comparable item shall be final and

binding on the contractor.

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

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

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

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

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

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

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

were included in the “Scheduled Rates” of the division for the year and for materials

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

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

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

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

detailed rate analysis after hearing the contractor before a Committee of two

Superintending Engineers stationed at the same place or the nearest place.

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

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

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

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

intention to charge for such class of work and if the Engineer in charge does not

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

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

consider it advisable, provided always that if the contractor shall commence work or

incur any expenditure in regard thereof before the rates shall have been determined

as lastly herein before mentioned, then in such cases he shall only be entitled to be

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

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

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

the Superintending Engineer of the Circle shall be final.

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

drawings and specifications recommended by the contractor and accepted by the

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

such designs, drawings and specifications appended to the tenders.

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

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

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

shall be final and conclusive.

41. Cash Flow Forecasts

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

updated cash flow forecast.

42. Payment certificates.

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

value of the work completed less the cumulative amount certified 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 aftertaking into accountany credit or

debit for the month in question in respect of materials for the works in the relevant

amounts and under conditions set forth in sub-clause 32.3 of the Contract Data

(secured Advance).

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

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

the Bill of Quantities completed.

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

compensation events.

42.6 The Engineer may excludeany item certified in a previous certificate or reduce the

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

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

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

The Employer shall pay the Contractor the amounts certified by the Engineer within

28 days of the date of each certificate.

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

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

contractor to pay the GST to the concerned Authority.

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

the Employer and shall be deemed covered by other rates and prices in the Contract.

44. Compensation events

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

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

date stated in Contract data to the Contractor

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

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

contractual price escalation.

45.1 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

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

contractor to pay the GST to the concerned Authority.

46. Currencies.

46.1 All payment shall be made in Indian Rupees.

47. Price Adjustment

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

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

procedures and as per formula given in the contract data:

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

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

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

stipulated time for reasons attributable to the contractor.

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

given in the contract data.

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

R = Total value of work done during the month. It would include the amount of

secured advance granted, if any, during the month less the amount of secured

advance recovered, if any during the month. It will exclude value forworks

executed under variations for which price adjustment will be worked separately

based on the terms mutually agreed.

47.2 To the extent that full compensation for any rise or fall in costs to the contractor is

not covered by the provisions of this or other clause in the contract, the unit rates

and prices included in the contract shall be deemed to include amounts to cover the

contingency of such other rise or fall in costs.

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

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

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

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

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

Engineer has certified that all Defects notified by the Engineer to the Contractor

before the end of this period have been corrected.

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

with an “on demand” Bank guarantee.

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

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

request of the Contractor provided that the refund hereunder shall be made in

tranches of not less than 1% (One Percent) of the Contract Price and Contractor

furnishes an irrevocable and unconditional Bank guarantee for an equal amount

substantially in the format of Bank Guarantee for Performance Guarantee enclosed

with SBD and valid up to 60 day beyond the scheduled / extended Defects Liability

Period. On completion of the whole works, the contractor has however an option to

submit a fresh irrevocable and unconditional Bank Guarantee for an amount equal to

5% of the total value of work executed substantially in the format of Bank Guarantee

for Performance Guarantee enclosed with SBD and valid up to 60 days beyond the

Defect Liability Period and yet refund the Retention Money Bank Guarantee

submitted for refund of Retention Money.

49. Liquidated Damages

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

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

Intended Completion Date (for the whole works or the milestone as stated in the

contract data). The total amount of liquidated damages shall not exceed the amount

contract data). The total amount of liquidated damages shall not exceed the amount

defined in the Contract Data. The Employer may deduct liquidated damages from

payment due to the Contractor. Payment of liquidated damages does not affect the

Contractor’s liabilities.

49.2 If the Intended Completion Date is extended after liquidated damages have been

paid, the Engineer shall correct any overpayment of liquidated damages by the

Contractor by adjusting the next payment certificate. The Contractor shall not be

entitled for any interest on the over payment calculated from the date of payment to

the date of repayment.

49.3 If the contractor fails to comply with the time for completion as stipulated in the

tender, then the contractor shall pay to the employer the relevant sum stated in the

Contract Data as Liquidated damages for such default and not as penalty for

everyday or part of day which shall elapse between relevant time for completion and

the date stated in the taking over certificate of the whole of the works on the

relevant section, subject to the limit stated in the contract data.

The employer may, without prejudice to any other method of recovery deduct

the amount of such damages from any monies due or to become due to the

contractor. The payment or deduction of such damages shall not relieve the

contractor from his obligation to complete the works on from any other of his

obligations and liabilities under the contract.

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

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

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

Works or of that Section shall, for any period of delay after the date stated in such

Taking-Over-Certificate, and in the absence of alternative provisions in the Contract,

be reduced in the proportion which the value of the part so certified bears to the

value of the whole of the Works or Section, as applicable. The provisions of this Sub-

clause shall only apply to the rate of liquidated damages and shall not affect the limit

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

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

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

% of Time Saved % of Initial Contract Price

entitled for Bonus

Less than 10% 0%

51. Advance Payment.

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

installments except in special circumstances for which the reason to be Recorded in

writing) to the Contractor of the amounts stated in the Contract Date by the date

stated in the Contract Date, against provision by the Contactor of an Unconditional

Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and

currencies equal to be at least 110% of the advance payment. The guarantee shall

remain effective until the advance payment has been repaid, but the amount of the

guarantee shall be progressively reduced by the amounts repaid by the Contractor.

The Mobilization advance would be deemed as interest bearing advance at an

interest rate of 10 % to be compounded, quarterly.

51.2 The Contractor is to use the advance payment only to pay for Equipment, plant and

Mobilization expenses required specifically for execution of the Works. The

Contractor shall demonstrate that advance payment has been used in this way by

supplying copies of invoices or other documents to the engineer.

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

payments otherwise due to the Contractor, following the schedule of completed

percentages of the Works on a payment basis. No account shall be taken of the

advance payment or its repayment in assessing valuations of work done, variations,

price adjustments, Compensation Events, or Liquidated damages.

52.1 The performance Security (including additional security for unbalanced bids) shall

be provided to the Employer no later than the date specified in the Letter of

Acceptance and shall be issued in an amount and form and by a bank or surety

acceptable to the Employer, and denominated in Indian Rupees. The performance

Security shall be valid until a date 60 days from the date of expiry of Defects Liability

Period and the additional security for unbalanced bids shall be valid until a date

days from the date of issue of the certificate of completion.

54. Cost of Repairs.

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

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

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

Contractor’s acts or 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 Completion.

57. Final Account

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

amount that the Contractor considers payable as full and final settlement of all

claims under the Contract for items before the end of the Defects Liability Period.

The Engineer shall issue a Defect Liability Certificate and certify any final payment

that is due to the Contractor within 56 days of receiving the Contractor's account if it

is correct and complete. If it is not, the Engineer shall issue within 56 days a

schedule that states the scope of the corrections or additions that are necessary. If

the Final Account is still unsatisfactory after it has been resubmitted, the Engineer

shall decide on the amount payable to the Contractor and issue a payment

certificate, within 56 days of receiving the Contractor’s revised account.

57.2 If reversal in characteristic of tender (L1 becoming L2) on account of excesses and

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

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

considering the final quantities and the rates quoted including the rebates if any.

Payment of variation items shall however be made at the rates approved by the

Employer,within 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

59. Termination

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

a fundamental breach of the Contract.

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

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

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

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

instructions is not withdrawn within 28 days;

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

than for a reconstructions or amalgamation

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

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

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

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

reasonable period of time determined by the Engineer;

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

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

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

Contract data; and

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

fraudulent practices in competing for or in executing the Contract.

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

giving, receiving or soliciting of anything of value to influence the action of a public

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

means a misrepresentation of facts in order to influence a procurement process or

the execution of a contract to the detriment of the borrower, and includes collusive

practice among Bidders (prior to or after bid submission) designed to establish bid

prices at artificial non-competitive levels and to deprive the Borrower of the benefits

of free and open competition.

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

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

decide whether the breach is fundamental or not.

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

60. Payment upon Termination

60.1 If the Contract is terminated because of a fundamental breach of Contract by the

Contractor, the Engineer shall issue a Certificate for the value of the work done less

advance payments received up to the date of the issue of the certificate, less other

recoveries due in terms of the contract, less taxes due to deducted at source as per

applicable law and less the percentage to apply to the work not completed as

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

total amount due to the Employer exceeds any payment due to the Contractor the

total amount due to the Employer exceeds any payment due to the Contractor the

difference shall be a debt payable to the Employer.

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

fundamental breach of Contract by the Employer, the Engineer shall issue a

certificate for the value of the work done, the cost of balance material brought by the

contractor and available at site, the reasonable cost of removal of equipment,

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

Contractor’s cost of protecting and securing the Works and less advance payment

received up to the date of the certificate, less other recoveries due in terms of the

contract and less taxes due to deducted at source as per applicable law.

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

deemed to be property of the Employer, if the Contract is terminated because of a

Contractor’s default.

62. Release from Performance

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

entirelyoutside 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.

B. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract, make

his own arrangements for the engagement of all staff and labour, local or

other, and for their payment of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the

Engineer a return in detail, in such form and at such intervals as the Engineer

may prescribe, showing the staff and the numbers of the several classes of

labour from time to time employed by the Contractor on the site and such

other information as the Engineer may require.

52. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub-

contractor shall abide at all times by all existing labour enactments and rules

made thereunder, regulations, notification and bye laws of the State or central

Government or local authority and any other labour law (including rules),

regulations, bye laws that may be passed or notifications that may be issued

under any labour law in future either by the State or the Central Government

or the local authority. Salient features of some of the major labour laws that

are applicable to the construction industry are given below. The Contractor

shall keep the Employer indemnified in case any action is taken against the

Employer by the competent authority on account of contravention of any of

the provisions of any Act or rules made thereunder, regulations or

notifications including amendments. If the Employer is caused to pay or

reimburse, such amounts as may be necessary to cause or observe, or for

observance of the provisions stipulated in the notifications/bye laws/Acts/

Rules/regulations including amendments, if any, on the part of the Contractor,

the Engineer/employer shall have the right to deduct any money due to the

Contractor including his amount of performance security. The Employer /

Engineer shall also have the right to recover from the Contractor any sum

required or estimated to be required for making good the loss or damage

suffered by the Employer.

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

treated as the employees of the Employer at any point to time.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS WORK

A) Workmen Compensation Act 1923 :- The Act provides for compensation in

case of injury by accident arising out of and during the course of employment.

B) Payment of Gratuity Act. 1972 :- Gratuity is payable to an employee under the

Act on satisfaction of certain conditions on separation if an employee has

completed 5 years service or more on death, the rate of 15 days wages for every

completed year of service. The Act is applicable to all establishments employing

10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952:- The Act Provides for

monthly contributions by the employer plus workers @ 10% or 8.33% The

benefits payable under the Act are :

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

2. Deposit linked insurance on the death in harness of the worker.

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951 :- The Act provides for leave and some other

benefits to women employees in case of confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970 : The Act provides for

certain welfare measures to be provided by the Contractor to contract labour and

in case the Contractor fails to provide, the same are required to be provided, by

the Principal Employer by Law. The principal Employer is required to take

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

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

Principal Employer, if they employ 20 or more contract labour.

F) Minimum Wages Act 1948 :- The Employer is supposed to pay not less than the

Minimum Wages fixed by appropriate Government as per provisions of the Act, if

the employment is a scheduled employment. Construction of Building, Roads,

Runways are scheduled employment.

G) Payments of wages Act 1936:- It lays down as to by what date the wages are to

be paid, when it will be paid and what deductions can be made from the wages

of the workers.

H) Equal remunerations Act 1979 :- The Act provides for payment of equal

wages for work of equal nature to Male and Female workers and for not making

discrimination against female employees in the matter of transfer, training and

promotions etc.

I) Payments of Bonus Act 1965 :- The Act is applicable to all establishments

employing 20 or more employees. The Act provides for payments of annual

bonus subject to a minimum of 8.33% of wages and maximum of 20 % of wages

to employees drawing Rs. 3500/- per month or less. The bonus to be paid to

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

worked out by taking wages as Rs. 2500/- per month only. The Act does not

apply to certain establishments. The newly set-up establishments are exempted

for five years in certain circumstances. Some of the State Governments have

reduced the employment size from 20 to 10 for the purpose of applicability of

J) Industrial Disputes Act 1947 :- The Act lays down the machinery and

procedure for resolutions of Industrial disputes, in what situations a strike or lock-

out becomes illegal and what are the requirements for laying off or retrenching

the employees or closing down the establishment.

K) Industrial employment (standing Orders) Act 1946 :- It is applicable to all

establishments employing 100 or more workmen (employment size reduced by

some of the State and Central Government to 50). The Act provides for laying

down rules governing the conditions of employment by the Employer on

matters provided in the Act and get the same certified by the designated

L) Trade Unions Act 1926:- The Act lays the procedure for registration of trade

unions of workmen and employers. The Trade Unions registered under the Act

have given certain immunities from civil and criminal liabilities.

M) Child Labour (Prohibition & Regulation Act 1986 :- The Act prohibits

employment of children below 14 years of age in certain occupations and

process and provides for regulation of employment of children in all other

occupations and processes. Employment of Child labour is prohibited in Building

and Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions

of service) Act 1979:- The Act is applicable to an establishment which employs

5 or more inter-state migrant workmen through an intermediary (who has

recruited workmen in one state for employment in the establishment situated in

another state).The inter-state migrant workmen, is an establishment to which

this Act becomes applicable, are required to be provided certain facilities such as

housing, medical aid, traveling expenses from home upto the establishment and

O) The Building and Other Construction workers (Regulation of employment

and Conditions of Service) Act 1996 and the Cess Act of 1996:- All the

establishments who carry on any building or other constructions work and

employ 10 or more workers are covered under this Act.

All such establishments are required to pay cess at the rate not exceeding 2% of

the cost of construction as may be modified by the government. The Employer of

the establishment is required to provide safety measures at the Building or

construction work and other welfare measures, such as canteens, First Aid

facilities, Ambulance, Housing accommodations for workers near the workplace

etc. The Employer to whom the Act applies has to obtain a registration

certificate from the Registering Officers appointed by the Government.

P) Factories Act 1948 :- The Act lays down the procedure for approval of plans

before setting up a factory, health and safety provisions, welfare provisions,

working hours, annual earned leave and rendering information regarding

accidents or dangerous occurrences to designated authorities. It is applicable to

premises employing 10 persons or more with aid of power or 20 or more

persons without the aid of power engaged in the manufacturing process.

Q) Royalty charges-The contractor shall pay the royalty to the competent

authority as per rule. The royalty charges paid shall be borne by the

contractor and shall not be reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof

from time to time shall be applicable.

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

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental

management plan for best energy use, waste management, the reduction

of pollution as in EMS (Environmental Management system) ISO-14001-

53. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

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, (R & B) Circle-1, Rajkot (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, (R & B) Circle-1, Rajkot

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

decision of the Superintending Engineer, (R & B) Circle-1, Rajkot, both

the parties have to refer tothe #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 DisputeArbitration

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

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

1. The Employers is [CL.1.1]

Name: Executive Engineer District R&B Division Rajkot

Address: Rashtravir Chhelbhai Dave Marg, Opp. Jasani College Rajkot

Name of authorized Representative (will be intimated later)

2. The Engineer is Deputy Executive Engineer R&B Sub Division Rajkot.

Name of Authorized Representative: …………………………

3. The Defects Liability Period is n 3 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 [CL.1.1]

proceed with the work.

5. The Intended Completion Date for the whole of the works is 03 Months [CL.1.1,17&2]

after start of work with the following milestones:

Milestone dates: [CL.2.2& 49.1]

Physical works to be completedPeriod from the start date

Milestone 1 i.e. 25 % 22 days.

Milestone 2 i.e. 50 % 45 days.

Milestone 3 i.e. 75 % 67 days.

Milestone 4 i.e. 100 % 90 days.

6. The Site is located at SR to Vishramgruh at uplta by Pro. New [CL.1.1]

Furniture Work (TV Unit, Bed, Storage Box, Dressing Table Etc. at

Room No. 1,4,7,8)

7. The name and identification number of the Contract is: [CL.1.1]

8. The works consist of Building Work with items as per B.O.Q. The [CL.1.1]

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

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

strengthening including camber corrections; construction of new road/ Parallel

service road; bituminous pavements remodeling/construction of Junctions,

intersections, bus bays, lay-bays; supplying and placing of drainage Channels,

flumes, guard posts and guard other related items; construction/extension of

cross drainage works, bridge, approaches and other related stones; protective

works for roads/bridge; all aspects of quality assurance of various components

of the works; rectification of The defects in the completed works during the

Defects Liability Period; submission of “As- built’’ drawings and any other

related documents; and other item of work as may be required to be carried out

for completing the work in accordance with the drawings and the provisions of

the contract and to ensure safety.

(B) Bridge Works

Site clearance; setting out, provision of foundations, piers abutments and

bearing; prestressed/reinforced cement concrete superstructure; wearing coat,

hand railings, expansion joints, approach slabs, drainages spouts/ downtake

pipes, arrangements for fixing light posts, water mains, utilities etc.; provision

of suitably designed protective works; providing wing/return walls; provision

of road markings, road signs etc.; all aspects of quality assurance; clearing the

site and handing over the works on completion; rectification of the defects

during the Defects Liability Period and submission of “As-built” drawings and

other related documents; and other items of work as may be required to be

carried out for completing the works in accordance with the drawings and the

provisions of the contract and to Insure safety

(C) Other Items [CL.1.1]

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

10. The following documents also form part of the Contract: [CL.2.3(9)]

__________As per clause 2-3 Prevailing as per Gov. G.R.

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

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

13. Limit of subcontracting 25% of the Initial Contract Price [CL.7.1]

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

15. The Schedule of Key Personnel As per Annex – II to Section I [CL.9]

16. The minimum insurance cover for physical property, injury and death is Rs. 5 [CL13]

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

each occurrence, the contractor will pay an additional premium necessary to

make insurance valid for four occurrences always.

17. Site Investigation report [CL.14]

18. The Site Possession dates shall be 1st day of Workorder [CL.21]

19. The period for submission of programme for approval of the engineer shall be [CL. 27.1]

21 days from the issue of Letter of Acceptance.

20. The period between program updates will be 30 days. [CL.27.3]

21. The amount to be withheld for late submission of an updated programme [CL. 27.3]

shall be Rs. 1.00 lakhs

22. The following events shall also be Compensation Events [CL. 44]

Substantially adverse ground conditions encountered during the course of

execution of work not provided for in the bidding document.

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring additional

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

(iii) Removal of unsuitable material like marsh, debris dumps, etc. not

caused by the contractor.

(iv) Artesian conditions

(v) Seepage, erosion landslide

(vi) River training requiring protection of permanent work

(vii)Presence of historical, archeological or religious structures,

monuments interfering with the works

(viii) Restriction of access to ground imposed by civil, judicial, or military

23. The currency of the Contract is Indian Rupees [CL. 46]

24. The formula (e) for adjustment of prices are as under: [CL.47]

 If any of the commodities like Cement, Steel or Bitumen are not found

applicable in a work, the weight component of that commodities {i.e.

‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen' (Pb) as indicated in SBD for the

purpose of Price Adjustment} shall be clubbed with the weight component

of ‘Other Material’ (Pm), such that the gross % weight of the components

shall remain as 100%.

R = value of work as defined in Clause 47.1 of Conditions of Contract

Adjustment forlabour component

(i) Price adjustment for increase or decrease in the cost due to labour

shall be paid in accordance with the following formula:

VL = Increase or decrease in the cost of work during the month

under consideration due to changes in rates for local labour

L0 =The consumer price index for industrial workers for the State on

28 days preceding the scheduled date of opening of technical

Bids as published by Labour Bureau, Ministry of Labour,

Government of India

Li = The consumer price index for industrial workers for the State for

the month under consideration as published by the Labour

Bureau, Ministry of Labour, Government of India.

Pl = Percentage of labor component of the work.

Adjustment for cement component.

(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.

C0 = The all India wholesale price index for Ordinary Portland

Cement on 28 days preceding the scheduled date of

opening of technical bid as published by the Office of the

Economic Adviser, Department for Promotion of Industry

and Internal Trade, Ministry of Commerce & Industry.

Ci = The all India average wholesale price index for Ordinary Portland

Cement for the month under consideration as published by Office

of the Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce &

Pc = Percentage of cement component of the work

Adjustment for steel component

(i) Price adjustment for increase or decrease in the cost of steel procured by the

contractor shall be paid in accordance with the following formula

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

consideration due to changes in the rates for steel

So= The all India wholesale price index for steel (Mild Steel - Long Products

Rebars) on 28 days preceding the date of opening of Bids as published by the

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

Internal Trade, Ministry of Commerce & Industry.

Si= The all India average wholesale price index for steel (Mild Steel - Long

Products Rebars) for the month under consideration as published by

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

Internal Trade, Ministry of Commerce & Industry.

Ps = Percentage of steel component of the work

Note : For the application of this clause, the index of Mild Steel- Long

products Rebars has been chosen to represent the steel group.

Adjustments of bitumen component

(ii) Price adjustment for increase in the cost of bitumen shall be paid in

accordance with the following formula

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

consideration due to changes in rates for bitumen.

B o = The official retail price of bitumen at the IOC depot at the nearest

centre on the day 28 days prior to the scheduled date of opening of

B i = The official retail price of bitumen of IOC depot at the nearest

centre for the 15th day of the month under consideration.

P b = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

(iii) Price adjustment for increase or decrease in cost of POL (fuel and

lubricant) shall be paid in accordance with the following formula

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

consideration due to changes in rates for fuel and lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at the existing

consumer pumps of IOC at the nearest centre on the day 28 prior to

the date of opening of Bids.

Fi = The official retail price of HSD at the existing consumer pumps of

IOC at the nearest centre for the 15th day of the month of the under

P f = Percentage of fuel and lubricants component of the work

Note: For the application of this clause, the price of High-Speed diesel Oil

hasbeen chosen to represent the fuel and lubricants group.

Adjustment for Construction Machinery

(iv) Price adjustment for increase or decrease in the cost of plant and

Machinery spare procured by the Contractor shall be paid in

accordance with the following formula

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

consideration due to changes in rates for plant and machinery spares

P 0 = The all India wholesale price index for manufacturer of

machinery for mining, quarrying and Construction for the month

under consideration as published Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

P i = The all India average wholesale price index for manufacturer of

machinery for mining, quarrying and Construction for the month

under consideration as published Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

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

Note: For the application of this clause, index of Heavy Machinery and parts

has been chosen to represent the Plant and Machinery Spares group

Adjustment of other materials Component

(v) Price adjustment for increase or decrease in cost of local materials

other than cement, steel, bitumen and POL procured by the contractor

shall be paid in accordance with the following formula

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

consideration due to change in rates for local materials other than

cement, steel, bitumen and POL.

M0 = The All Indian wholesale price index (all commodities) on

days preceding the scheduled date of opening of technical Bids, as

published by the Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade, Ministry of Commerce

Mi= The All India wholesale price index (all commodities) for the

month under consideration as published by the Office of the

Economic Adviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

P m = Percentage of local material components (other than cement,

steel, bitumen and POL) of the work.

The following percentage will govern the price adjustment for the

entire contract:

1. Labour -Pl 27.772%

2. Cement – Pc 0.00%

3. Steel - Ps 0.00%

4. Bitumen - Pb 0.00%

6. Plant & Machinery Spares - Pp 5.180%

7. Other Materials - Pm 66.613%

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

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

12. Amount of Liquidated damages for For Whole of work {CL.49}

delay in completion of works (1/2000)th of the Initial contract

price, rounded off to the nearest

Thousand, per day. For sectional

Completion (wherever specified In

item 6 of Contract data) (1/2000)th of

initial contract price for #5 km

Section, rounded off to the nearest

thousand per day.

13. 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

14. Amount of Bonus for early completion Amount of bonus for early

completion of work shall be given

as per CL.50 of Section-3

15. Maximum limit of bonus for early 5 percent of the Contract {CL. 50}

Completion of work Price

16. The amount of the advance payment are: {CL. 51 & 52}

#Nature of Advances Amount (Rs.) Conditions to

i Mobilization 10% of the contract On submission of unconditional

Price Bank Guarantee. (to be drawn

before the end of 20% of the

contract period). The contractor

may furnish four bank guarantees

of 2.5 % of each valid for the full

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

depreciated value for old (provided the Engineer is

equipment. Total amount satisfied That the equipment is

equipment. Total amount satisfied That the equipment is

will be subject to a required for performance of the

maximum of 5% of the contract) and on submission of

Contract Price unconditional Bank Guarantee for

amount of advance

iii Secured Deleted

Brought to site

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

fulfillment of the above conditions).

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

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

payments certified by the Engineer under the Contract. Deduction shall

commence in the next Interim Payment Certificate following that in which the

total of all such payments to the Contractor has reached not less than 20 percent

of the Contract Price or 6 (six) months from the date of payment of first

installment of advance, whichever period concludes earlier, and shall be made at

the rate of 20 percent (collectively for both Mobilization Advance and

Equipment Advance) of the amounts of all Interim Payment Certificate until

such time as the loan has been repaid, always provided that the loan shall be

completely repaid prior to the expiry of the original time for completion pursuant

to Clause 17 and

19. The securities shall be for the following minimum amounts equivalent {CL. 52}

As a percentage of the Contract Price:

Performance Security for 5 percent of contract price plus Rs. ………………..(to

be decided after evaluation of the bid) as additional security in terms of ITB

The standard form of Performance security acceptable to the Employer shall be

an unconditional Bank Guarantee of the type as presented in Section 8 of the

Bidding Documents.

20. The Schedule of Operating and maintenance Manuals…..N/A. {CL. 58}

21. The date by which “as– built” drawings (in scale as directed) in 2 sets {CL. 58}

are required within 28 days of the issue of certificate of completion of the whole

or section of the work, as the case may be.

22. The amount to be withheld for failing to supply “as built” drawings {CL. 58} by

the Date required is Rs.5.00 Lakhs.

23. The following events shall also be fundamentals breach of contract: {CL.59.2}

“The Contractor has contravened Sub- clause 7.1 and Clause 9 of GCC”

24. The percentage to apply the value of the work not completed representing {Cl 60}

the Employer’s additional cost for completing the works shall be 20 percent.