The works of Providing and Fixing of tap connection in bathroom of C-type quarter from direct water supply and Misc. Civil Work ( As and when required ) at GTPS

Name of Work:“ The works of Providing and Fixing of tap connection in

bathroom of C-type quarter from direct water supply and Misc. Civil Work ( As

and when required ) at GTPS.”

AT GSECL Gandhinagar TPS

EW- 246 PUR-F-006 RFQ-73782

NAME OF WORK: “The works of Providing and Fixing of tap connection in bathroom

of C-type quarter from direct water supply and Misc. Civil Work ( As

and when required ) at GTPS.”

DESCRIPTION PAGE NO.

 ACKNOWLEDGEMENT OF TENDER FEE /EMD. 3 To

 TENDER NOTICE.

 DECLARATION FORM CUM UNDER TAKING TO BE

SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE TENDERER

 GENERAL CONDITIONS OF CONTRACT

 TERMS AND CONTRACT FOR WORKS 76 To

 GENERAL SAFETY RULES & LIST OF SAFETY TOOLS

 PERFORMA FOR BANK GUARANTEE

 INTEGRITY PACT

 CERTIFICATE – A

 ANNEXURE – I (DETAILS OF BANK FOR SOLVEANCY &

 SPECIAL CONDITIONS FOR USE OF CEMENT

 APPROVED NAME OF MANUFACTURERS OF 91 To

 GENERAL GUIDELINES RELEVANT TO I.S.

 GENERAL SPECIFICATIONS

 TECHNICAL SPECIFICATION

 DETAIL SPECIFICATION

 SCHEDULE-B 110 To

 Safe Maintenance Procedure

EW- 246 PUR-F-006 RFQ-73782

 ACKNOWLEDGEMENT OF TENDER FEE /EMD

 TENDER NOTICE

EW- 246 PUR-F-006 RFQ-73782

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

e- Tender for the

“The works of Providing and Fixing of tap connection in bathroom of C-type

quarter from direct water supply and Misc. Civil Work ( As and when required

TENDER FEE PAID VIDE DEMAND DRAFT NO. _________________________________

EARNEST MONEY DEPOSIT PAID VIDE D.D. NO. _______________________________ DATED

1. The undersigned reserves the right to reject any or all tenders without

assigning any reasons thereof.

2. The Tender fee will be accepted in form of Demand Draft and Earnest Money Deposit

will be accepted in form of Demand Draft or Bank Guarantee of any bank as prescribe in

ANNEXURE- I drawn in favour of “GUJARAT STATE ELECTRICITY CORPORATION

LTD.” payable at Gandhinagar TPS

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW- 246 PUR-F-006 RFQ-73782

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

Tender Notice No: For Civil works

CE [Generation], Gandhinagar, TPS invites “On-line Tenders” (e-tendering) for the work of “The works of

Providing and Fixing of tap connection in bathroom of C-type quarter from direct

water supply and Misc. Civil Work ( As and when required ) at GTPS.”. Tender Papers &

Specifications may be down loaded from Web site https://gsecl.nprocure.com(For view, down load

and on line submission) and GUVNL / GSECL web sites www.gsecl.in (For view only).All tender

documents are to be upload (Notarized / self-attested copies of original – as specified in tender document)

through online only (mandatory) on (n) procure portal excluding Tender fee and EMD Tender fee and EMD

are to be submitted physically by Registered Post A.D. or Speed Post addressed to: CHIEF ENGINEER

(GENERATION), GUJARAT STATE ELECTRICITY CORPORATION LTD, THERMAL POWER STATION,

GANDHINAGAR-382041, GUJARAT. “NO COURIER SERVICE OR HAND DELIVERY” will be accepted.

Tender Estimated E.M.D.

Name of Work Time Limit Fee Rs.+

No. Cost Rs. Rs.

EW- The works of

246 Providing and Rs.385319.01 04 (Four) Rs. 1500+ Rs.

Fixing of tap (In word Three Lac Months 270 = Rs. (Eleven

connection in Eighty Five Thousand from the 1770/-(one Thousand five

Three hundred date of thousand Hundred sixty

Nineteen Rupees and written seven only)

type quarter order to hundred

zero one paisa only.)

from direct commence seventy

water supply the work. (Non

and Misc. Civil Refundable)

when required )

180 Days [From the opening

1 Validity of Tender

of Technical Bid].

Last Date for Online tender / offer submission through

2 As per Tender Notice

(n)Procure only up to 18:00 Hrs(This is Mandatory)

Last Date for physical receipt of cover for DD / Bank

3 Guarantee / Online payment reference for Tender Fee and As per Tender Notice

EMD only up to 15:00 Hrs Through RPAD or Speed Post Only

Date of opening of online Technical Bid, all relevant

documents submitted through online process, Cover for

4 Tender fee and EMD at 15:30 Hrs (Online technical bid will As per Tender Notice

be opened for Bidders who have submitted Cover for Tender

Tentative date of on-line opening of price bid (if possible) at Party has to be in touch with

15.30 hrs. website www.nprocure.com

and also with e-mail sent by

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW- 246 PUR-F-006 RFQ-73782

1) Only following listed documents must be upload in n-process online only. No physical documents are to be

submitted except tender fee and EMD cover. Price Bid shall not be submitted in Hard copy.

1. Demand Draft for Tender Fee and EMD (Original) cover only to submit through RPAD/Speed post only.

2. The bidder shall have a separate Provident Fund Code of RPFC in the name of company. The bidder, who does

not possess such separate P.F. code, shall not be considered for acceptance of tender. The contractor has to

submit attested copy of such certificate showing P.F. code along with the tender.

3. Attested copy of PAN No.

4. Attested copy of work experience certificate for the similar works executed.

5. List of work in progress.

6. Attested copy of firm registration [Applicable only to the firms registered under Company Law]

7. Attested copy of partnership deed. [Applicable only to the partnership firms.]

8. Attested copy of power of attorney, if any, for signing the bid document.

9. Attested copy of balance sheet of profit & Loss account duly audited by Chartered Accountant of at least

financial years, if work estimate is more than Rs. 50 Lacks.

10. The Last three-year Annual Accounts, Positive Net worth certificate, and Average Annual Turnover certificate

would be obtained from the bidder. Details of equipment, tools and plants immediately available with the

tenderer for use of this work.

11. Details of technical personnel.

12. Undertaking duly Notarized as per attached Declaration Form

13. Any other documents required to verify technical, financial capability of the bidders & other Credentials

15. Attached The Copy Of GST Registration.

All such documents should be strictly uploaded in N-procure only expect Tender Fee and EMD details cover.

Otherwise the offer will not be considered and no any further communication in the matter will be entertained.

2) In case any deviation is found in Data / Details / Documents uploaded on N-procure online offer (e-tendering)

documents then such tender will not be considered and no any further communication in the matter will be

entertained. Tenders must be un-conditional. Conditional Tenders will be rejected.

3) Further bidders are requested to submit Technical Bid documents and price – bid i.e. Schedule-B on line only

and not to submit the Technical bid and price bid in physical form expect Tender Fee and EMD details cover.

This is mandatory. If Technical bid document and price bid is submitted in physical form expect Tender Fee

and EMD details cover, same will not be opened and only on-line Uploaded/submitted Technical bid document

and price will be considered for evaluation. The bidder is requested not to upload/submit the by online

(n)procure while bid submission on in (n)procure tender document, condition of the contract,

specification & other relevant documents, except documents as stated here above. Instead of the

same, the bidder shall upload on (n) procure scan copy of the duly Notarized Undertaking as stated below

declaration form on the stamp paper of Rs. 300/-. However, bidder may download tender document &

preserve with them in Hard Copy for their future reference. Later on, L1 bidder shall be asked to

collect the tender documents from the tender inviting authorities for the purpose of contract

agreement execution and place their signature with seal of the company.

4) It is mandatory for all the bidders to submit their tender documents viz. on-line (e-tendering) and uploading on

(n) procure in scheduled time. Tender documents submitted in physical form will not be accepted and

considered expect Tender Fee and EMD details cover. Also, all bidders shall submit required Physical

documents as stated in Tender Notice

5) GSECL reserves the rights to reject any OR all tenders without assigning any reasons thereof.

6) Tender Notice Number & name of the work shall be clearly written on the covers of containing the Tender Fee

7) Technical / Price Bids will be opened on the day and time indicated in the tender notice by an Officer nominated

by the Purchaser in the presence of such of the bidders who wish to be present. Any technical questions,

information and clarifications that may be required pertaining to this tender should be referred to the CHIEF

ENGINEER (GEN.) Gandhinagar TPS. Also during pre-bid meeting (if arranged) the same may please be

 The exemption in payment of Tender Fee & EMD shall be given to the,

1. Micro & small-scale enterprises which participate directly in tendering process for the

product which they are manufacturing / service which they are providing and have

Udyam registration for items / service under procurement.

2. Start-ups which participate directly in tendering process for the product which they are

manufacturing/service which they are providing and re-cognized by DPIIT under the

Start-up India Program and has obtained Udyam registration.

3. Organization which has registration certificate for the manufacturing product of the

tender, from Gujarat Khadi Gramodyog Board or Khadi and Village Industries

Commission(K.V.I.C)or Commissioner of Cottage Industries.

EW- 246 PUR-F-006 RFQ-73782

4. Board/Corporations/PSUs of the Central/State Government for their own manufactured

5. State Government recognized organizations like(i) organizations for blinds, dumb and

deaf, disabled, mentally disabled persons;(ii)women's self-help group recognized by

Gujarat Livelihood Promotion Company; which participate directly in tendering process for

the product which they are manufacturing / service which /they are providing.

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW- 246 PUR-F-006 RFQ-73782

 DECLARATION FORM CUM UNDER TAKING TO

BE SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE BIDDER

EW- 246 PUR-F-006 RFQ-73782

(To be uploaded on (n) procure online process duly notarized on Rs. 300/- Non –

Judicial Stamp Paper)

DECLARATION FORM

Name of Work: “The works of Providing and Fixing of tap connection in bathroom

of C-type quarter from direct water supply and Misc. Civil Work ( As and when

required ) at GTPS.”

Tender No/ RFQ No:

1. I/We hereby declare that I/We have carefully studied the entire tender placed on the

WEB site and conditions of contract, specifications and other documents of this work

mentioned in the tender and abide by the same. Also, I/We hereby agree to execute the

same accordingly.

2. I/We hereby abide to execute the contract agreement by downloading the copies of the

conditions of contract, specifications and other documents of this work of otherwise I/we

will get copy of the same from the office of the tender inviting authority and the same will

be acceptable to me/us.

3. I/We hereby accept and confirm that any dispute on this regard shall not be entertained

by the tender inviting authority.

4. I/We hereby declare that I/We have visited the work site and fully acquainted

myself/ourselves with the local situations regarding materials, labour and other factors

pertaining to the work before submitting the tender.

5. I/We hereby confirm that our offer is Un-conditional and without any technical &

commercial deviations.

6. Should this tender be accepted, I /We hereby agree to abide by to fulfill all the terms-

conditions and provision of the Tender and Contract for Works as applicable and default

thereof, to forfeit and to pay to the Gujarat State Electricity Corporation Limited the sums

7. The full value of the “Earnest Money Deposit” paid herewith should be absolutely forfeited

to the Corporation, should I/ we do not deposit the specified amount of specified Security

Deposit is to be recovered from the first RA bill.

EW- 246 PUR-F-006 RFQ-73782

8. If, I fail to submit all required documents with application or tender copy ( in each tender

) then my tender will be cancelled, which is binding to me.

9. If, full or part work will be given to me, it will be accepted to me with same terms, rate &

10. I, ______ proprietor / owner / partner / Authorized Agent of M/s. ______ do hereby also

declare and undertake as under:

a) That in capacity of independent contractor for M/s. ______ (Sub-Contractor of

M/s. ______ ) worked as contractor at GSECL, ___________Thermal Power Station for

the nature of work of ______ against work Order No. ______ Dt. ______., I have

complied with the provisions of all laws as applicable. I have paid the wages for the

month/s of my contractual period which is / are not less than the minimum rates as

applicable, to all my employee/s and no other dues are payable to my employee/s.

b) That I have covered all the eligible employee/s under the Employees‟ Provident

Funds and Miscellaneous Provisions Act, 1952 and deposited the contributions under my

PF Code No. ______, place: ______ for the month/s of my contractual period and as

such no amount towards contribution whatever is payable.

c) I further declare and undertake that in case any liability pertaining to any of my

worker, labour, employee/s is/are to be discharged by the principle employer i.e. Gujarat

State Electricity corporation Limited, ___________Thermal Power Station due to my

lapse, I undertake to reimburse the same or the principle employer is authorized to

deduct the same from my dues as payable.

d) I further declare and undertake the legal consequences which may arise in future

under the said work order awarded, and I bond myself to resolve the same at the risk

and cost of M/s. ______.

authorized signatory of M/s ______________________________________________

their proprietor / any partner / any directors of the firm is not stop deal and / or banned

for business dealing and / or black listed by GUVNL and / or their any subsidiary

company viz. GSECL / GETCO / DGVCL / MGVCL / UGVCL / PGVCL as well as

Government and / or Semi Government company / department.

Seal & Signature of the Bidder

Phone / Mobile/ Fax No. & Company‟s Seal

EW- 246 PUR-F-006 RFQ-73782

e- Tender for the work of “The works of Providing and Fixing of tap connection

in bathroom of C-type quarter from direct water supply and Misc. Civil Work ( As

and when required ) at GTPS.”

RTGS DETAIL OF BIDDER

Following RTGS details shall be submitted by agency along with the tender for direct

deposit of payment to the beneficiary account. Bidder has to submit the details as under:

1 Name of Bidder :-

2 Address for correspondence :-

4 Phone / Mobile No. :-

5 Name of Beneficiary :-

6 Bank Account Number of :-

7 Name of Bank of beneficiary :-

8 Name of Bank, branch & address :-

9 Type of account :-

10 Bank Code :-

11 RTGS Code :-

12 IFSC Code :-

EW- 246 PUR-F-006 RFQ-73782

Project Synopsis and Data

1) Location :- Gandhinagar Thermal power station

2) Purchaser :- GUJARAT STATE ELECTRICITY CORPORATION

3) Engineer :- Chief Engineer(Gen)

4) Site of Project :- Gandhinagar,Gujarat State

5) Nearest town :- Gandhinagar

6) Nearest Railway Station :- Gandhinagar Capital(Ahmedabad is situated at

a distance of about 30.00Km)

7) Nearest Port :-

8) Nearest Air Port :- Ahmedabad-20Km(Approx)

9) Access Road :-

10) Site Elevation from MSL :- RL 81.5 M(floor level)

11) Meteorological Data

 Ambient Air temperature

1] Highest monthly mean of daily :- 350 C

Max. Temperature

2] Maximum dry bulb :- 450 C

Temperature ( In 0C)

3] Minimum dry bulb :- 8.60 C

Temperature ( In 0C)

1] Average annual rainfall :- 1000 to 1200mm

2] For 01 hour ( In mm) :- 75 to 100mm

3] For 24 hour ( In mm) :- 250mm

 Wind velocity

1] Maximum wind velocity :-

2] Wind direction – N,NE & SW :-

3] For 24 hour ( In mm) :-

 Relative Humidity

1] Annual mean humidity ( In %) :- 50 to 60%

2] Maximum humidity (In %) :- 98%

3] Minimum humidity (In %) :- 2%

4] Type of Atmosphere :- Dry

12) DESIGN DATA

 Seismic Data :-

 Zone :- Zone-III as per IS 1893-1975

 Ambient temperature :-

 Other Data :-

EW- 246 PUR-F-006 RFQ-73782

SCOPE OF WORK AND SITE CONDITIONS

The main scope of work is “The works of Providing and Fixing of tap connection in

bathroom of C-type quarter from direct water supply and Misc. Civil Work ( As

and when required ) at GTPS.” Work shall be carried out as per items specification and

as directed by E.I.C. The work includes all materials, tools, tackles, scaffolding required &

successful completion of work.

Under the scope of this tender the agency has to carry out the subject work, various civil

works as per all items of Schedule B and as per detail technical specifications items. The

quantities taken under individual items are very tentative. However the agency has to carry

out the works as per the Company’s requirements anywhere in Power House area.

The agency has to carry out the works as per item & specifications of the tender by providing

all materials of best quality and of standard manufactures as the samples approved by EIC

and providing best workmanship through expert manpower.

The agency has to carry out the works as per the priority & schedule given by EIC time to

time even in on or off working hours of the office. The agency will take complete care and

will not damage any other structure in premises of company.

The agency has to carry out all the works by taking all due cares of safety, security norms,

with all risks including scaffolding, strutting, shoring, etc up to any height irrespective of

quantum of the work.

Contractor has to make arrangement for workable site condition with the co operation of

departments of company and agencies, all necessary arrangement to get work permit is to

be made by contractor. Day to day cleaning is required after completion of job. The removed

materials and any other unwanted materials are to be transported and taken away as

instructed by E.I.C.

All safety measures shall be taken by the contractor with his own cost.

The major works involvement generally mentioned as here under---

 The works of providing and Fixing of tap connection in bathroom of C-type quarter from direct

 Misc plumbing work.

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW- 246 PUR-F-006 RFQ-73782

Registration in VMS System

Additional Note: Vendor gets to register in VMS System through vms.guvnl.com. For

registration following documents are required and mail to [email protected] and

[email protected]. After registration vendor have to upload the invoice in the VMS system

for smooth functioning of payment.

Documents required for Registration:

(2) GST Certificate Copy

(4) Full Name of Vendor

EW- 246 PUR-F-006 RFQ-73782

SPECIAL NOTE FOR PRE-QUALIFICATION

Name of work: - “The works of Providing and Fixing of tap connection in bathroom

of C-type quarter from direct water supply and Misc. Civil Work ( As and when

required ) at GTPS.”

The tender documents are of two separate bids i.e. technical and price bids. Bidder is requested

to submit the technical bid with the following credentials for post-qualification.

1. Contractor should produce evidence of having experience of having successfully completed

similar works as defined hereunder during the last seven years ending last day of the month

previous to the one in which tender is invited ongoing works, satisfactory progress within

stipulated time, etc. secured from Govt., /Semi Govt., along with certified copies of documentary

evidence, preferably photo copy of work experience certificate secured from GSECL/ GETCO /

DISCOMS / GEB / Central / State Government/Semi- Government. The experience should be

either of the following-

a. Three similar completed works each costing not less than the amount equal to 40% of the

estimated cost.

b. Two similar completed works each costing not less than the amount equal to 50% of the

c. One similar completed works each costing not less than the amount equal to 80% of the

2. Similar work means : General civil construction & maintenance work.

3. Contractor has to submit satisfactory work completion certificate of the client. Experience

certificate of work executed with private firm shall not be accepted. Experience as a

joint venture or sub-contractor is not allowed and price bid of such bidders will be

4. To pay EMD in form of DD OR in form of B.G. given by bank as described in the Annexure – I.

All the bidders will be required to pay Tender Fees plus 18% GST and EMD as mentioned in the

Tender Document either in Demand Draft, Pay Order or Bank Guarantee (only for EMD) in favour of

Gujarat State Electricity Corporation Limited payable at Gandhinagar, Gujarat. The scanned copy

of original document shall have to be uploaded online with the bid and RPAD or Speed Post only

addressed to The Chief Engineer (G), Gujarat State Electricity Corporation Limited, Thermal

Power Station, Gandhinagar-382041.

5. Tender Fee: The tender fee shall be accompanied in the form of DD.

 The exemption in payment of Tender Fee & EMD shall be given to the,

1. Micro & small-scale enterprises which participate directly in tendering process for the product

which they are manufacturing / service which they are providing and have Udyam registration for

items / service under procurement.

2. Start-ups which participate directly in tendering process for the product which they are

manufacturing/service which they are providing and re-cognized by DPIIT under the Start-up

India Program and has obtained Udyam registration.

3. Organization which has registration certificate for the manufacturing product of the tender, from

Gujarat Khadi Gramodyog Board or Khadi and Village Industries Commission(K.V.I.C)or

Commissioner of Cottage Industries.

4. Board/Corporations/PSUs of the Central/State Government for their own manufactured

5. State Government recognized organizations like(i) organizations for blinds, dumb and deaf,

disabled, mentally disabled persons;(ii)women's self-help group recognized by Gujarat Livelihood

Promotion Company; which participate directly in tendering process for the product which they

are manufacturing / service which /they are providing.

 Vendor Registration with GSECL is not compulsory for submitting this tender.

EW- 246 PUR-F-006 RFQ-73782

(1) If any Bank Guarantee submitted against EMD/security deposit/PBG, same should be valid one

year from the date of expiry of BG. Bank Guarantee should be confirmed through Structured

Financial Messaging system (SFMS). SFMS allows intra/interbank message transfer system of

banking. Our bank details are as under.

ACCOUNT NAME GSECL

BANK NAME & BRANCH BOB, SECTOR-21, GANDHINAGAR

IFSC CODE BARB0GANDHI

6. The Last three-year Audited Annual Accounts, Positive Net worth certificate, and Average Annual

Turnover certificate certified by charted accountant as Per Qualification Requirement.

7. Separate employee’s provident fund code number towards registration of firm with

Regional P.F. Commissioner.

8. Attested copy of relevant document duly signed and sealed on each and every page shall be

9. Declaration form in original duly notarized on stamp paper of Rs. 300/- (As referred in Tender

10. Attach copy of GST Registration.

11. Bidder shall have to submit the PAN card No for Income Tax with documentary proof.

12. Details of the partnership deed.

13. Details of Tools, tackles, equipment and personals available with firm relevant to the

job/subject matter.

14. Copy of the updated valid labor contract license from the appropriate authorities and updated

workman group insurance policy covering labor engaged.

15. The tenderer shall have to produce the document of last three years annual account, i.e. profit

& loss account and balance sheet, if the estimated cost of tender is more than 50 lakhs along

with technical bid.

16. Details of skilled/semi-skilled persons presently employed by the contractor having sufficient

knowledge of similar jobs.

17. TPI should be mandatory to submit as per cl no.5 of Section B (i.e General Instruction to the

The above documents will be analyzed and after satisfaction, the price bid will be opened. GSECL

may verify the documents, experience certificates from authority who have issued such

certificates / details.

On opening of Technical Bid, if any required attested documents are missing in technical bid

submitted by the bidder, and tender inviting authority is in the opinion that in absence of these

documents sufficient competition is not possible, in that case to have fair competition, the

tender inviting authority may inform only once by Registered post to bidder/bidders to

submit the missing required documents within stipulated time limit and failing which

bidder/bidders will be declared technically disqualified for not submitting the required

documents along with technical bids without any further notice. However, document will

be considered valid only if it is for the period of last day of month previous to the one in which

tenders are invited.

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW- 246 PUR-F-006 RFQ-73782

GENERAL INSTRUCTIONS TO THE BIDDERS

1. SUBMISSIOIN OF TENDER

The tender should be uploaded/ submitted online on n-procure process.

Technical bid cover:- This cover shall contain all relevant attested qualifying documents as prescribed

in tender notice along with tender fee & EMD. Bidder shall have submit Tender Fee and EMD cover only,

All other require document to be upload on online (n)procure process only

Note: - If attested copies of qualifying documents stated as prescribed in tender notice are not

found in on-line Technical bid, but same should be submitted by mail during scrutiny will be treated

as final to consider the bid for pre-qualification. Any missing documents, if required will be asked

from the bidder as mentioned in this tender elsewhere. If party has not submitted tender in online is

liable to be ignored.

“Please note that the Notarized / self-attested copies of original required documents should be

invariably uploaded in n-procure portal before due date and time in pdf form (Scanned copy). This is

mandatory. No physical documents are required to be submitted except tender fee and EMD.

The price bid shall have to be submitted online only. The percentage rates and price shall be written

both in words, and figures and the units in words. In case of any ambiguity or mistakes, the unit rates

and prices written in words shall be considered as final.

Offered rate shall include cost of all Materials, wastage of material , Labours for all leads and lifts,

Supervision, setting out works, Machinery and equipment with its mobilization / demobilization,

transportation charges, Clearing of the site both prior to commencement and after completion of work.

Consumables such as, but not limited to petrol, oil, diesel, lubricants, drill bits, pipes, ropes etc.

Construction facilities such as scaffolding, tarpaulins, wind break, etc., Overheads / profits of Contractor

for due performance of the work under this contract.

Applicability of goods and service tax:-

1) The tenders shall be evaluated on firm price and cost with GST and cess as applicable unless otherwise

mentioned in the tender documents.

2) IF the supplier/contractor have opted for the composition scheme of GST, the same must be clearly

specified with valid declaration and certificate from department. In the event of withdrawal/ cessation of

the supplier from composition scheme during the tenure of the contract, the rate(i. e. price) mentioned

in the price bid shall be final and any additional GST will have to be borne by the tenderer himself, In no

case additional amount towards GST or otherwise will be paid/reimbursed to supplier/contractor.

3) The bidder shall have to inform their GST no. of the registered place(s) where from the bidder intends to

supply the goods/services, meaning there by the bidder has to supply the goods/services from the

relevant declared/ registered place(s) of supply only.

4) The bidder shall not include GST in their quoted rates; but the bidder has to separately indicate the GST

rate, amount in the price bid schedule.

5) In-case Govt notification comes for change in GST , the same will be applicable.

6) Bidder should indicate GST no.( copy of GST registration to be enclosed) and PAN NO. (copy of PAN to

be enclosed) Tenders submitted without GSTIN No by the firms, the offer will be rejected without

entering into further correspondence.

Further information required, if any, can be had from the office of the Chief Engineer, GSECL, GTPS.

But it must be clearly noted that the tenders must be received complete in every respect by the due

i. The bidder must clearly quote rates in figure as well as in words. In case of any discrepancy, whatever

written in words shall prevail.

ii. No deviation in terms & conditions, Schedule-B and technical specifications will be entertained. Any

ignorance for this shall not relieve the contractor from his contractual liability arising as per tender

documents and conditions contained in it.

iii. The bidders are required to quote only firm prices. No variation will be accepted on price/ raw

EW- 246 PUR-F-006 RFQ-73782

materials/ finished products or on any other cause.

iv. The bidders should note that the completion of above mentioned works in all respect in accordance

with the time limit given is very important and should be strictly adhered to. The work is to be

completed in time limit from the date of issue of written order to commence the work by the Chief

Engineer (Gen.), GSECL, Gandhinagar TPS.

v. The bids should be valid for a minimum period of 180 Days from the date of opening of technical bid.

During this period tenderer shall not be allowed to withdraw their tender and if withdrawn, the Earnest

Money Deposit submitted with the tender will be forfeited.

vi. The works covered under these specification shall be carried-out and governed by “Tender and

contract for Works” booklet appended herewith except where conditions specified in this

specifications.

vii. The successful bidder shall have to enter in to an agreement for contract as per G.S.E.C.L rules on a

stamp paper of Rs.300/- and necessary stamp duty charge shall be borne by the

contractor/consultant.

viii. The complete specification comprises of the following.

Bill of Quantities (Schedule-B), instructions to the bidders, Tender specifications and scope of work,

Tender and contract for Works booklet, General Conditions, Instructions to bidder & Technical

specifications. All these sections are complimentary to each other. The particulars and requirements

contained herein shall cover the execution of the works covered under these specifications.

ix. The tenderer must visit the site of works and see for him self the site conditions regarding availability

of approach road during all seasons and other matters affecting the above works before submitting the

x. The submission of tender by a contractor implies that he has read these instructions the conditions of

contract etc. and has himself aware of the scope and specifications of the work to be done and of

conditions and local conditions and other factors bearings on the execution of the works. GSECL will

not therefore after acceptance of contractor's rate pay any extra charge for any other reason; in case

the contractor is found later on to have misjudged the site condition.

xi. GSECL‟s authorized officers who accepts tender, shall have the right of rejecting all or any of the

tenders and will not be bound to accept the lowest offer nor to assign any reason whatsoever for the

rejection of any tender or all tenders.

xii. Bidders shall provide evidence of their continued eligibility to the satisfaction of the owner.

xiii. Bidders shall not be listed under a declaration of ineligibility for corrupt or fraudulent Practices issued

by the Govt., the list of black listed Contractors announced by GSECL (erstwhile GEB) Govt. of Gujarat

or its Public Sector undertakings or the contractors who are under stop dealing in GUVNL and /or their

any subsidiary company viz. GETCO/MGVCL/UGVCL/PGVCL/DGVCL.

xiv.The bid, and in case of a successful bid, the Form of Contract Agreement, shall be signed with the

name of Firm / company which will be legally binding on all partners / parties.

xv.If the application is made by an individual, it shall be signed by the individual above his full typed

written name and current address.

xvi.If the application is made by a proprietary firm. It shall be signed by the proprietor above his full

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

xvii.If the application is made by a partnership firm, it shall be signed by all the partners of the firm

above their full type written names and current addresses or alternatively by partner holding power

of attorney for the firm in which case a certified copy of the power of attorney shall accompany the

application. A certified copy of the partnership deed, full names and current addresses of all the

partners of the firm shall also accompany the application.

xviii. If the application is made by a limited company or a Corporation, it shall be signed by the

authorized person holding power of attorney for signing application in which case a certified copy of

the power of attorney shall accompany the application. Such Limited company or Corporation

may be required to furnish satisfactory evidence of its existence before the pre-qualification evaluation.

They should also furnish Articles of Memorandum of Association. If the application is made by group of

companies, it shall be signed by the authorized person. The authority letter shall be accompanied with

the application.

1. SECURITY DEPOSIT.

In tender process for L1 bidder(lowest bidder) security deposit will be charged as per

EW- 246 PUR-F-006 RFQ-73782

Category of the Unit Security Deposit

Works up to Rs. 5 Works More than Rs.

Enterprise or Organization Exempted 3% of Order End Cost

which are exempted from

paying Tender Fee & EMD

For all other Enterprises 5% of Order End Cost 5% of Order End Cost

ELIGIBILITY FOR EXEMPTION:

1. Micro & small-scale enterprises which participate directly in tendering process for the product

which they are manufacturing / service which they are providing and have Udyam registration

for items / service under procurement.

2. Start-ups which participate directly in tendering process for the product which they are

manufacturing/service which they are providing and re-cognized by DPIIT under the Start-up India

Program and has obtained Udyam registration.

3. Organization which has registration certificate for the manufacturing product of the tender, from

Gujarat Khadi Gramodyog Board or Khadi and Village Industries Commission(K.V.I.C)or

Commissioner of Cottage Industries.

4. Board/Corporations/PSUs of the Central/State Government for their own manufactured items.

5. State Government recognized organizations like(i) organizations for blinds, dumb and deaf,

disabled, mentally disabled persons;(ii)women's self-help group recognized by Gujarat Livelihood

Promotion Company; which participate directly in tendering process for the product which they are

manufacturing / service which /they are providing

Note: Security Deposit will be collected from the successful tenderer at the rates mentioned above.

This may be recovered by deduction through running bills of the contractors and / or by treating the

Earnest Money Deposit (Bid Security) paid at the time of submission of the tender.

6. The Bank Guarantees will be executed on the standard form prescribed by the corporation. In case of the

Bank Guarantees furnished / submitted, they should have clear one time validity till the completion of the

order in all respects and up to the expiry of Guarantee period from the date of the work completion. Bank

Guarantee for Interim period will not be allowed. If by any reasons the work period is extended then

contractor should undertake to renew the Bank Guarantee at least one month before the expiry of the

validity failing which GSECL will be at liberty to encash the same.

“It shall be mandatory to submit security deposit as per above table within 10 days from the

date of issue of Letter of Intent before order placement. In case when successful bidder not

at all responding within notice period or withdraws his offer then his EMD shall be forfeited

and he will not be allowed to participate in the tenders invited from the same office for the

period of One year for that place from where tender is invited.”

If the Tenderer fails to pay the Security Deposit or defaults in execution of the orders

placed or if GSECL suffers any financial loss due to this, then GSECL will be at liberty to adjust

the amount from other orders of the same firm or by encashing the Bank Guarantee.

All the costs of the stamp papers, other than required for payment is to be made through SIDBI /

ICICI by Board, are to be borne by you as per the Govt. of India‟s latest guidelines.

The security deposit shall be released on finalization of final bill / successful completion of the work.

The same shall be paid in DD or in the form of Bank Guarantee on any of the banks describe in Annexure-I as

per the GoG notification issued from time to time will be applicable. Total S.D. equivalent 5% of contract value is

to be recovered from the first RA bill.

2. MAINTENANCE:

i] 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 same shall be attended 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 03 months

from the certified date of completion.

EW- 246 PUR-F-006 RFQ-73782

3. TIME LIMIT FOR WORK:

The scheduled time limit for the completion of work shall be 04 (Four) calendar months from the date

of issue of letter to commence the work. However extension in time limit will be granted by GSECL for

the genuine reasons only as per terms of the contracts.

4. TERMS OF PAYMENTS:

Contractor shall be paid RA bill after observing GSECL‟s general procedure and submission of bill by the

agency. Also, 75% payment shall be made immediately within a week period on receipt of recorded bill

by Account Section without checking of detail bill and compliance of queries & statutory requirement.

However, remaining balance 25% amount shall be released only after through checking of detail bill

and compliance of various quarries, statutory compliance etc. The above payment term is applicable to

all the bills of general civil works & ARC/BRC works, provided the bills are recorded regularly and

submitted to Account Section within Ninety [90] days. If the contractor fails to submit the bills

regularly in such a way so that the same cannot be recorded and submitted to account section within

Sixty [60] days, ad-hoc payment as stated above, may not be released and payment will be released

as per GSECL‟s general procedure. The period of Sixty [60] days shall be considered from the date of

receipt of last R.A. Bill by Account Section.

5. Applicable for Works tender having estimated cost above Rs 25 Lakhs (without Tax)):

“All bidders shall submit the details/documents in support of Technical Qualification Requirements

duly certified and verified for authenticity from Specified Third-Party Inspection Agency (TPIA) or

Statutory Auditor of their Company or Practicing CA/CA Firm along with a certificate regarding

verification of authenticity of documents as per the format placed at Appendix 1. All the documents

submitted by the bidder in support of meeting Technical QR shall be digitally signed by the Specified

Third-Party Inspection Agency (TPIA) or Statutory Auditor of their Company or Practicing CA/CA

Firm. In case documents are certified & verified for authenticity through TPIA, the verification and

certification of authenticity of documents is acceptable from any of the following TPI As:

1. M/s Competent Inspectorate and Consultants Pvt. Ltd, Hyderabad, India.

2. M/s Gulf Lloyds Industrial Service India Pvt. Ltd.-Ahmedabad.

3. M/s International Certifications Services.

4. M/s Intertek India Pvt. Ltd.

5. M/s SGS India Pvt. Ltd.

6. M/s Moody International (India) Pvt. Ltd.

7. M/s TUV SUD South Asia (P) Ltd.

8. M/s TUV Rheinland (India) Pvt Ltd.

9. M/s Bureau Veritas (india) Pvt. Ltd.

10. Hertz Inspection & services Pvt. Ltd.

11. IRCLASS Systems and Solutions Pvt. Ltd.

The Bidder shall be responsible to get their documents/ credentials verified & certified by the

Specified Third- Party Inspection Agency (TPIA) or Statutory Auditor of their Company or Practicing

CA/CA Firm in support of Technical QR. All the costs pertaining to third party verification and

certification (including those by statutory auditors) shall be borne by the Bidder. GSECL shall have

no liability (financial or otherwise) towards the same and shall not be liable for any claim/ dispute

between the bidder and the Specified Third-Party Inspection Agency (TPIA) or Statutory Auditor of

their Company or Practicing CA/CA Firm.”

The following website may be referred for contact details of above TPIAs:

http://nabcb.qci.org.in//accreditation/reg_bod_inspection_bodies.php.

This is to be implemented immediately.

EW- 246 PUR-F-006 RFQ-73782

Undertaking from Third Party Inspection Agency/Statutory Auditor or Practicing

(On letter head digitally signed by a person duly authorized to Sign on behalf of the firm)

Power Station ……………….

Subject: Authentication of veracity of documents submitted by M/s …… in support of

Meeting the Qualifying Requirements

Ref: Tender no. …………………..

Name of the Package/ Tender: ………………………………………

M/s. ……………… (here in after called Bidder) having Registered office at …………………… intend

to participate in above referred tender of GSECL.

The tender condition stipulates that the bidder shall submit supporting Documents

pertaining to Qualifying Requirement duly verified and certified by Third-Party Inspection

Agency (TPIA) or Statutory Auditor of their Company or Practicing CA/CA Firm as per the

list mentioned in the bidding documents.

In this regard, it is hereby confirmed that we have examined the following documents,

which are also attached with this letter. The same has been verified from the Original

Documents and / or Client for authenticity.

We hereby confirm that the following documents are found to be genuine and authentic.

1. Doc ref. no. ……….. Dated …….. (Name of Documents)

2. Doc ref. no. ……….. Dated …….. (Name of Documents)

All the aforesaid documents have been digitally signed by us as a certificate of authenticity.

We further confirm that we neither have any vested interest in aforesaid tender nor have

any conflict of interest in respect of above tender.

This certificate is issued at the request of M/s ………………. (Bidder) for the purpose of

participating in the subject tender/s

EW- 246 PUR-F-006 RFQ-73782

The rights and liabilities of the contractor shall not be assigned or transferred by them without the

consent in writing of the GSECL to any other person, firm or organization.

7. The successful Bidder, on receipt of letter of intent will submit within a week's time his planning /

programme of works, for scrutiny of the GSECL in a Bar Chart format, clearly indicating GSECL's inputs

also. Contractor will plan his works such that simultaneous work should progress in such a way that

entire job is completed in scheduled time limit on all the fronts released by GSECL.

8. The successful bidder will have to depute his authorized representative to attend progress review

meetings to be held at GSECL, Gandhinagar TPS without any extra cost.

9. The Contractor will be responsible for complying with all rules and regulations and labour laws

applicable to him and the GSECL will not be responsible for any lapses committed by them. If there is

any claim from any Government authority pertaining to the contract, the same amount will be

deducted from the Contractor's bill.

10. The time limit for completion of work is stipulated as in the tender will be adhered to.

11. The Contractor's rates should be firm and no variation clause is to be quoted by the Contractor

and GSECL will not accept the same, during contractual period including extended time limit if any.

12. BIDDER TO STUDY, ANALYSE & CONSIDER:

a) The information given in this specification is in good faith and meant to serve as a guide to

the Bidder. It is, therefore, imperative that Bidder shall obtain and examine for himself all the data,

information and particulars required for the satisfactory execution of the work under this tender. The

submission of a bid by Bidder implies that he has fully read the specifications, bid drawings, instruction

to the bidder along with Contract Document and Conditions of Contract, applicable labour laws, safety

norms etc., and has made himself aware of the scope and the specifications for the work to be

performed and local conditions and other features which have a bearing on the cost and execution of

the work. This specification is intended as a general description of quality envisaged for materials and

workmanship and of the finished work. It is not intended to cover minute details. The work shall be

executed in accordance with the best modern practice and to the complete satisfaction of the

Purchaser. Special techniques approved by the Purchaser shall be used if and where found necessary.

This specification shall have precedence if anything contrary to this is stated elsewhere in the contract

documents. The Purchaser‟s decision shall be final and binding on the contractor on any issue arising

out of such discrepancies.

b) Inspection of site by bidder:

Before submission of his bid, Bidder shall inspect the site, examine and obtain all information required

and satisfy himself regarding matters such as:

 weather characteristics,

 Location of site and access, right of way, means of communication & mode of Transport to site,

 The type and number of equipment and facilities required

 The quantity of various items of the work.

 The availability and rates of material.

 Labours condition.

 Local working conditions, obstructions and hindrances that may arise etc.

 Power house, which is under running conditions.

 Required GSECL‟s security checks.

 All materials brought to site only after making entries in security register at Control gate

c) These factors are likely to affect the satisfactory completion of work and or cost thereof. The

submission of a bid by the Bidder will be construed as evidence that such an examination was

made and any later claims/ disputes in regard to rates quoted shall not be entertained or

considered by the GSECL.

d) The site visit shall be done by the bidder on his own responsibility and all liabilities including

cash, arising out of the site visit shall be at the bidder‟s account.

e) Contractor‟s scope of work shall also include making all necessary arrangements for access to

work sites, stores and site offices etc. from the nearest approach road to facilitate transportation

of man power, machinery and equipment duly considering the existing site conditions. No extra

claims / costs will be entertained by GSECL.

f) The bidder shall carefully study the work to be carried out & consider all the factors & shall take

into account &consider all the factors such as lead, lift haulage of materials, sequence of

EW- 246 PUR-F-006 RFQ-73782

construction, etc. & shall allow for all such information / data in the rates quoted.

g) The GSECL will not pay any extra charges or rate for any reason in case the contractor claims,

after acceptance of contract to have misjudged the site condition. Ignorance of the intents and

contents of the specification document and site conditions shall not be accepted by the Owner as

basis for any claims for compensation.

h) BIDDER shall inspect the site, examine and obtain all information required and satisfy himself

regarding matters such as sub-surface conditions, water records, access to site, communication,

transport, right of way, the type and number of equipment and facilities required for the

satisfactory completion of work, the quantity of various items of the work, the availability and

rates of material, local working conditions, uncertainties of weather, obstructions and hindrances

that may arise etc. which may affect the work or cost thereof, before submission of his bid.

Ignorance of site conditions shall not be accepted by the ENGINEER IN CHARGE as basis for any

claim for compensation.

i) The rates quoted by BIDDER shall be based on his own knowledge and judgment of the

conditions and hazards involved and shall not be based on any representations of the Engineer in

Charge. No claim on this account shall be admitted by the GSECL.

j) The bidders shall submit on online in n-procure with their offer without any deviations in general

terms and conditions of the contract or in technical specifications.

k) Tenders received after the time and date specified in the tender notice will not be accepted.

Once the offer is submitted by bidder before due date of submission, the bidder shall not be

allowed to submit revised/ additional/ modified offer even before due date and time of

submission of tender. However, if the date of issue and/or submission of tender are extended by

the Corporation due to any reason, the bidder may submit if their wishes the

revised/additional/modified offer before extended due date and time of submission.

l) The Corporation reserves the right to accept any tender irrespective of whether it is lowest or not

or to reject all the tenders without assigning any reasons thereof. Tenders deferring from the

technical specifications or the method of bidding in a radical manner may also be rejected.

m) The bidder shall be presumed to have carefully examined the drawings, conditions &

specifications of work & to have fully acquainted themselves with all details of the site

conditions, locations, materials, geological & weather characteristics, labour conditions & in

general all the necessary information and data etc. pertaining to and need for the work.

n) This specification is intended as a general description of quality envisaged for materials and

workmanship and of the finished work. It is not intended to cover minute details. The work shall

be executed in accordance with the best modern practice and to the complete satisfaction of the

Purchaser. Special techniques approved by the Purchaser shall be used if and where found

necessary. This specification shall have precedence if anything contrary to this is stated

elsewhere in the contract documents. The Purchaser‟s decision shall be final and binding on the

contractor on any issue arising out of such discrepancies.

o) Each bidder shall also submit a 'Declaration' to the effect that the tenderer is an engineering

construction firm or an association of firm or firm which has successfully carried out large works

of this nature and has adequate organization and experienced personnel to handle this type and

magnitude of work. Information should also be given regarding the constitution of the firm; it‟s

authorized, subscribed & paid up capital, the date & place of registration, the place of business,

the names of the directors and other relevant information.

p) It is the intent of the ENGINEER IN CHARGE to incorporate these specification documents in the

final „Contract‟. BIDDERS are required to review these documents and clearly state in their

proposals their acceptance of the same.

q) Each page of the bid document including the bid drawings shall be signed, stamped and dated in

ink by the BIDDER as a token of having examined the same. Any correction in price and the

rates entered in the Schedule of Price shall also be signed and dated by the BIDDER in ink,

before submitting the bid. Non-compliance with this condition will make the bid liable for

r) All safety measures as required to be adopted as per the Statutory Regulations and the Safety

Rules of the Plant shall be strictly followed by the Contractor during the execution of the

Contract. The Contractor shall set up a suitable safety organization of his own in this regard.

s) In connection with the execution of the Contract, the Contractor shall comply with all applicable

statutory Rules & Regulations including employment of labours at site.

EW- 246 PUR-F-006 RFQ-73782

t) The Contractor shall carry out any and all such works, as may be required, for civil work to be

completed in all respect as per the Contract Specification.

u) If the GSECL Engineer-in-Charge is not satisfied with the progress of work at site, he shall direct

the Contractor to depute more numbers of supervisory personnel/workers to meet the

completion schedules as per the Contract. Upon receiving such direction, Contractor shall deploy

additional personnel within 7 days without any extra cost.

v) The GSECL may during the progress of work, order the removal of part or whole of the work

executed, found not in accordance with the specifications/ instructions. No extra claims shall be

entertained for re-executing or altering of such work.

13. SAFETY MEASURES:

The contractor shall ensure the safety of workers, material and structure including existing

structures during execution of the contract. Safety measures shall be followed during operations

of equipments/machinery being used. No separate payment shall be made for the safety

measures and the quoted rates shall include the cost for all safety measures.

14. COMPLETENESS:

Any technical services as set forth here in above and which might not have been specifically

mentioned in this Contract relating to the work or in the specifications and which are not

expressly excluded therefore but which are necessary for the performance in accordance with

the specifications as an integral part of the painting and misc. Civil works shall be rendered by

the Contractor without any extra cost.

15. TOTAL RESPONSIBILITY

The Contractor shall be solely responsible for the entire technical works / services irrespective of

works / services have been made /rendered by him.

16. PAYMENT TO THE LABOURES:

(a) Contractor has to pay the CPF as well as salary to his skilled/unskilled manpower by cheque A/c payee

only, as per minimum wages & prevailing applicable rules on or before 7th day of next month.

(b) Contractor has to produce challan of PF with list of employees.

(c) Contractor shall have to make payment to his labours in presence of Personal Officer (Estt.) GSECL,

Gandhinagar TPS.

17. CONTRACT AGGREMENT ON ACCEPTANCE:

 The successful contractor will have to sign an agreement as per the Gujarat State Electricity

Corporation Ltd.'s rules on stamped paper and the necessary stamp duty charges shall be

borne by the contractor.

 On acceptance of the tender the name (s) of the accredited representative (s) of the tenderer

who would be responsible for taking instructions from the Engineers of the GSECL shall be

communicated to Chief Engineer (Gen.) Gandhinagar Power Station, Gujarat State Electricity

Corporation Limited.

18. Unsatisfactory progress of the work:

If the work is found not progressing as per the requirement or found not satisfactory then

GSECL will take such action to get the work done through the other agency at agency‟s risk and

cost with 15% supervision charges and same will be recovered from agency.

19. The EMD will be returned promptly to the unsuccessful bidder except that of L1, L2 & L3 till

the successful contractor pays the Security Deposit as mentioned in tender document or after

the expiry of the validity of the offer, whichever is earlier.

The EMD will be returned to the successful tenderer after he furnishes the Security Deposit for

the tender work. If he fails to furnish the SD, his EMD shall be forfeited and the tenderer will

not be allowed to participate in the tenders invited by this office for a period of ONE Year in

respective Power Station.

The EMD in form of Bank Guarantee shall be valid for Ten Months from the date of

submission of the tender.

20. Effect and validity of Bid: The submission of bid with these documents and specification shall

constitute an agreement that bidder shall have no cause of action or claim against the GSECL for

rejection of his bid. The GSECL shall always be at liberty to reject or accept, split any bid or bids

at its sole discretion and any action will not be called into question and the bidder shall have no

claim in that regards against the GSECL.

21. Stop Deal / Banned for business dealing / Blacklisting :-

 Has submitted fake, false or forged documents/certificates

 Has revised/ withdrawn price bid after opening of Techno-commercial bid, until and unless it is

EW- 246 PUR-F-006 RFQ-73782

 Has tempered with the stipulated tendering procedure.

 Has refused to accept Letter of Acceptance / Purchase order / Work Order after the same is

issued by the company within the validity period and as per agreed terms and conditions,

 Has committed breach of contract or has failed to perform a contract or has abandoned the

 Has failed to provide suitable expertise for the work as per pre-scheduled program.

 Has failed to submit all the necessary tests reports / documents within time scheduled / as per

company‟s time limit, as mentioned in the LOA, if the Letter of Acceptance (LOA) is placed

subject to submission of type reports / documents to the firm.

 Has indulged in construction and erection of defective works.

 Has supplied inferior quality / defective materials and refused to replace with stipulated time

frame, as specified by the company,

 Has substituted materials in lieu of materials supplied by the company or has not returned or

has short returned or has unauthorisely disposed of materials / documents / drawings / tools

or plants or equipment supplied by the Company,

 Has involved in malpractices such as bribery, corruption, fraud, canvassing and pilferage,

 Has unauthorisely obtained official company information or copies of documents, in relation to

the Tender / Contract.

 Has failed to follow the stipulated mode of communication, if specified by the tendering

authority / Purchaser.

 Has parted with, leaked or provided confidential / proprietary information of the company

given to the firm only for its use (in discharge of its obligations against an order) to any third

party without prior consent of the Company,

 Any other ground for which in the opinion of the Company makes it undesirable to deal with

 In case the state Government directs the Company to place a firm in stop dealing / banned for

business dealing / blacklisting.

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW- 246 PUR-F-006 RFQ-73782

 GENERAL CONDITIONS OF CONTRACT

EW- 246 PUR-F-006 RFQ-73782

GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS :

(a) The Contract means the documents forming the tender and acceptance thereof, together

with the documents referred to therein or individual work order in the case of term

contract, including these conditions, schedules and/or additional conditions attached to the

form of tender or individual works, order, rate schedule, the specifications and the

drawings and all these documents, as applicable, taken together shall be deemed to form

(b) The “Tender Document” means the form of tender, the applicable schedules and/or

additional conditions and the specifications and/or drawing as issued to the contractors for

the purpose of preparing tender.

(c) The expression “Works” or “Work” when used in the condition of contract shall, unless

there be something in the subject or context repugnant to such construction means, the

works or the work contracted to be executed under or in virtue of the contract whether

original or altered.

(d) The “Contractor” means the individual or firm or Corporation, whether incorporated or not,

undertaking the words and shall include his or its legal personal representatives, successors

and permitted assignees.

(e) “Corporation” means The Gujarat State Electricity Corporation Ltd. and the “Accepting

Officer” means the Officer who is authorized to sign and signs the contract on behalf of the

(f) The letter “EE” means Executive Engineer who in the case of measurement and lump sum

contract, direct the contract and the letters “SE” means Superintending Engineer and “GM”

means General Manager who administers and in the case of the term contracts, directs the

(g) The “Engineer-in-charge” means all officers of the Corporation appointed by the General

Manager to supervise the works or part of the works.

(h) “Approved” and “Directed” means the approval or direction of the Chief Engineer (Gen),

Gandhinagar TPS to Superintending Engineer or the person deputed by him for the

particular purpose.

(i) “BS.” means “British Standards” as issued by the British Standards Institution. “A.S.”

means the “American Standards” as issued by the American Standards Institution, and

“I.S.” means the “Indian Standards” as issued by the Indian Standards Institution.

Wherever the above-mentioned abbreviations are referred to, in the specifications and/or

work orders, they mean the addition with all amendments current at the date of issue of

tender document of work orders.

(j) In the case of measurement and terms of contract “Specifications” mean those contained in

Gujarat State Electricity Corporation Ltd. scheduled together with any amendments etc.

embodied in the tender documents. “Drawing” refers to those incorporating the tender

documents and/or any work orders referred therein.

(k) The “Contract Sum” means the sum accepted or the sum calculated in accordance with the

prices accepted in the tender and/or the contract rate as payable to the contractor for the

full and entire executing and completion of works.

(l) “The date for completion” is the date or dates of completion of the work or any part of the

works set out or ascertained in accordance with the individual work orders and the tender

documents or any subsequent agreed amendments thereto.

2. CONTRACTOR TO INFORM HIMSELF FULLY:

A. Notwithstanding anything contained to the contrary in the specifications or tenders in

subsequent exchange of correspondence, the conditions of contract shall be binding on the

Contractor and any change or variation expressed or implied, however made in the said

conditions, shall not be valid or operative unless expressly sanctioned by the Corporation.

The Contractor shall be deemed to have fully informed himself and to have special

knowledge of the provisions of the conditions of the Contract herein contained.

B. The contractor shall be deemed to have carefully examined the work and site conditions,

the general conditions, the special conditions, specifications, schedules and drawing and

EW- 246 PUR-F-006 RFQ-73782

shall be deemed to have visited the site of the works and to have fully informed

himself regarding the local conditions.

C. If there shall have any doubt as to the meaning of any portion of these general

conditions or special conditions of the scope of work of the specifications or any other

matter concerning the contract, he shall in good time before submitting his tender, send

for the particulars thereof and submit them to the Engineer-in-charge in writing in order

that such doubt may be removed.

3. CONTRACT DRAWING AND SPECIFICATIONS:

 The contractor will be entitled to receive one set of agreement along with one certified copy

of accepted tender.

 The drawings which form part of these specifications show the work to be done in as much

detail as is possible at the present stage. They will be supplemented by such additional

detailed drawings as may be necessary as the work progresses. The contractor shall

perform the work on these features and in accordance with these additional or revised

drawings as the case may be and at the applicable rates as per the contract.

 The contractor shall check all drawings carefully and shall bring to the notice to the

Engineer-in-charge immediately of any errors or omissions discovered. The contractor shall

not take advantages of errors or omissions of any kind in the drawings supplied.

4. INPUTS BY GSECL:

The electric power supply and connection for construction / work purpose shall be given at

one mutually agreed point at work site free of cost by the GSECL. Further extension for

construction site as well as bore well site for using construction water will have to be

carried out by the contractor as per requirement at their cost. The necessary electric

charges will be paid by the contractor as per rates prevailing from time to time in the

respective DISCOM.

1. If there are any surplus quarters available after meeting the requirement of GSECL's staff,

then GSECL will consider allotment of quarters on rent as per GSECL's rule.

2. The contractor will have to make their own arrangement of water for construction

work as well as for their labourers at his own cost. If possible, water for construction

purpose only at one point as decided by EIC and recovery for water charges shall be

affected at the 2 % of the item of which water is used or by quantity measured by

meter reading of water meter installed by contractor, rate of water supply will be

charged at prevailing purchase rates of GSECL, for water supplied by GSECL is used

as certified by EIC. In case of agency is installing bore well and pumps at his cost,

after completion of work agency will hand over the bore well in good condition with

pumps to the GSECL.

5. DATA TO BE FURNISHED BY CONTRACTOR:

 The contractor shall submit to the Executive Engineer for approval within one week of the

date of contract, a layout plan of construction plant and equipment for the execution

of work which the contractor proposes to adopt at site.

 Prior to commencement of work, the contractor shall submit to the Executive Engineer for

approval, plans in triplicate showing the location of Major plant shop and storage

buildings, storage yards, offices, contractor's power house including its services and

housing facilities which he proposes to put up at site and also indicate the programme of

 The successful bidder on receipt of letter of intent will submit within a week's time his

planning/programme of works for scrutiny of GSECL in a PERT/Bar chart format, clearly

indicating GSECL inputs also.

 Contractor will plan his works such that on all the fronts released by GSECL, simultaneous

work should progress in such a way that entire job is completed in scheduled time limit.

 No change in the approved layout shall be carried out without specific written approval of

the Executive Engineer.

6. ERRORS, OMISSIONS AND DISCREPANCIES:

In all cases of errors, omissions, doubts or discrepancies in the dimensions, or

discrepancies in the drawings and items of work in specification, reference shall be made

to the Executive Engineer whose elucidation and elaboration shall be considered as

EW- 246 PUR-F-006 RFQ-73782

authoritative. The contractor shall be held responsible for any error that may occur in the

work thorough lack of such reference and precautions.

7. SECURITY DEPOSIT:

SECURITY DEPOSIT: In tender process for L1 bidder (lowest bidder) security

deposit will be charged as per table below:

Category of the Unit Security Deposit

Works up to Rs. 5 Works More than Rs.

Enterprise or Organization Exempted 3% of Order End Cost

which are exempted from

paying Tender Fee & EMD

For all other Enterprises 5% of Order End Cost 5% of Order End Cost

ELIGIBILITY FOR EXEMPTION:

1. Micro & small-scale enterprises which participate directly in tendering process for the

product which they are manufacturing / service which they are providing and have

Udyam registration for items / service under procurement.

2. Start-ups which participate directly in tendering process for the product which they are

manufacturing/service which they are providing and re-cognized by DPIIT under the

Start-up India Program and has obtained Udyam registration.

3. Organization which has registration certificate for the manufacturing product of the

tender, from Gujarat Khadi Gramodyog Board or Khadi and Village Industries

Commission(K.V.I.C)or Commissioner of Cottage Industries.

4. Board/Corporations/PSUs of the Central/State Government for their own

manufactured items.

5. State Government recognized organizations like(i) organizations for blinds, dumb and

deaf, disabled, mentally disabled persons;(ii)women's self-help group recognized by

Gujarat Livelihood Promotion Company; which participate directly in tendering process

for the product which they are manufacturing / service which /they are providing

Note: Security Deposit will be collected from the successful tenderer at the rates mentioned above.

This may be recovered by deduction through running bills of the contractors and / or by treating the

Earnest Money Deposit (Bid Security) paid at the time of submission of the tender.

After issue of Work order and Date of commencement, if successful bidder failed to start the

work then, RPAD notice will be issued to the successful bidder mentioning that on failing to start

the work within next 07 days from the date of issue of RPAD Notice the EMD will be forfeited and

he will not be allowed to participate in the tenders invited from Gandhinagar TPS office for the

period of One year.

The security deposit of the contract value shall be released on finalization of final bill / successful

completion of the work/ completion of maintenance period.

All damages, costs, charges, expenses and other sums which may be or may become due or

payable by the contractor to the Corporation under the terms of the contract, may be deducted

from the cash in the proceeds of sale of the securities/bank guarantee so deposited (which the

officer or person to whom the same may be endorsed as aforesaid is hereby authorized to sell/to

encase for that purpose) or from the interest of any such securities or from any sums due or

which may become due to the contractor by the Corporation or from the whole or the balance

unpaid as aforesaid of the encase securities so deposited being repaid or transferred and

returned as the case may be, to the contractor on finalization of final bill OR after 06 (six)

months of successful completion of the work, whichever later OR on furnishing of the

Performance Bond amounting to 5% of contract value against the defect liability period as

mentioned in this document elsewhere.

If entire security deposit is paid in approved form of Bank Guarantee should be remain valid

during the contractual period and such bank Guarantee should not be reduced on the basis of

the work actually done.

8. USE OF LAND:

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The land required for office, godowns and for labour camp if not available with GSECL,

then the contractor has to arrange the same at his cost. GSECL will give the land only if

the spare land is available with the following conditions.

The contractor shall be permitted to use for the bonafide purpose of execution of this

contract free of cost. The contractor shall be permitted to use for the bonafide purpose of

execution of this contract free of cost.

1. Site required for the construction of the work.

2. Required approach road. The contractor shall make their own arrangements for the

necessary approach, road, for transport of their materials and be responsible for the

compensation on account of damage to crop etc. and shall till completion of work.

3. He will be charged the rent at the annual rate of rupees one hundred per every acre

or part thereof, for the construction of temporary hutments and his store yard.

However area required for such purpose may be clearly indicated in this offer.

All areas of operation, including those for his staff and labour colonies handed over to

the contractor shall be cleared and handed over back in good condition to the Engineer

except areas under works as per this contract or those for which specific approval has

been obtained from the Engineer. The contractor shall make good to the satisfaction of

the Engineer any damage or alternation made to areas which he has to hand over

back or to other property land handed over to him for purpose of this work.

Temporary structures may be erected by the contractor for storage sheds, offices,

residence etc. for noncommercial use on the land, handed over to him at his own

expense and with the permission of the Engineer. These structures shall comply with

the regulation that may be in force and/or specified by the Engineer with regard,

thereto. In any circumstances for constructing temporary structures for contractor's

use, GSECL's free supply materials shall not be used. If it is found that GSECL's free

supply materials are used for other than approved project drawings work, same will be

recovered at penalized rate.

The contractor shall preserve all existing vegetation such as trees on or adjacent to the

sites which do not interfere with the construction as determined by the Engineer.

The contractors shall take all possible precautions in felling trees authorized for

removal to avoid any unnecessary damage to vegetation and trees not to be felled and

to structures under construction, or to workmen, and shall be responsible for any

damage if it occurs in such operations

 All produce from cutting of trees; grass etc. shall be the property of GSECL and shall

be stocked at the place specified by the Engineer. No claim shall be made for such

cutting and stacking of trees or grass etc. by the contractor

 The contractors shall not unnecessarily or for use as fuel, cut any trees brush wood,

grass or other vegetation nor shall set fire there to without the written permission of

the Engineer. When such permission is given, the contractor shall take necessary

measures to prevent damage or to prevent fire spreading to surrounding property, and

shall be responsible for any such damage, if cause.

 The land shall as herein before mentioned be handed back to Engineer in Charge

immediately after the completion of the work under this contract. Also no land shall be

held by the contractor longer than the Engineer shall deem necessary and the

contractor shall, on due notice by the Engineer, vacate and return the land which the

Engineer may certify as no longer required by the contractor for purpose of the work.

9. START OF WORK:

The contractor shall not enter upon or commence any portion of work except with the

written authority or instructions of the Executive Engineer or his subordinate in charge of

the work, failing such the contractor shall have no claim to ask for measurement or

payment for work and shall be responsible for any claims or damages that may arise due

to such unauthorized commencement or entry.

10. COMPENSATION FOR THE DELAY:

The time allowed for carrying out the work as entered in the tender shall be strictly

observed by the contractor and shall be reckoned from the date on which the order to

commence work is given to the contractor. The work shall throughout the stipulated

period of contract be proceeded with all due diligence (time being deemed to be the

essence of contract) and for delay, the contractor shall pay compensation, an amount

equal to ½ (half) percent per one week for the contract amount or part thereof, including

taxes & duties ( i.e. End cost of contract amount including taxes & duties) and maximum

EW- 246 PUR-F-006 RFQ-73782

up to 10 % of the order value, including taxes & duties ( i.e. End cost of contract amount

including taxes & duties) or such smaller amount as per the decision of the Competent

Authority of the GSECL The penalty will be invariably deducted from the bills of the

contractor and no refund will be given unless the competent authority approves the

reduction. The reasons for delay, attributable to GSECL as well as to party will be brought

out clearly while putting the proposal for waiver/reduction in penalty.

11. ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

In any case in which under any clause or clauses of this contract the contractor shall have

tendered himself to pay compensation amounting to the whole of his security deposit

(whether paid one sum) or in the case of abandonment for the work owing to serious

illness or death of the contractor or any other cause, the Executive Engineer on behalf of

the Corporation, shall have powers to adopt (a) below and any of the following courses

under (b) and (c) as he may deem best suited to the interest of the Corporation.

(a) To rescind the contract (for which rescission notice of 10 days) in writing to the contractor

under the hand of the Executive Engineer shall be conclusive evidence and in that case the

security deposit of the contractor shall stand forfeited and absolutely at the disposal of the

Corporation. To employ labour paid by the Corporation, to supply materials, to carry out

the works or any part of the work debiting the contractor with the cost of the labour and

the price of the materials (as to the correctness of which cost and price, the certificate of

the Executive Engineer shall be final and conclusive against the contractor) and crediting

him with value of the work done in all respects in the same manner and at the same rates

as if it had been carried out by the Contractor under the terms of this contract and in that

case the certificate of the Executive Engineer as to the value of the work shall be final and

conclusive against the contractor.

(b) To order that the work of the contractor be measured up and to take such part thereof, as

shall be unexecuted, out of his hands and to give it to another contractor to complete, in

which case, any expenses, which may be incurred in excess of the sum, which would have

been paid to the original contractor, if the whole work would have been executed by him

(as to the amount of which excess expenses, the certificate in writing of the Engineer-in-

charge shall be final, conclusive and shall be borne and shall be paid by the original

contractors and shall be deducted from any money due to him by the Corporation under

the contract or otherwise from his security deposit of his proceeds sale thereof or a

sufficient part thereof.

(c) In the event of the above courses being adopted by the Executive Engineer, the contractor

shall have no claim to compensation for any loss sustained by him by reason of his having

purchased or procured any materials or entered into any engagements or made any

advances on account of or with a view to the execution of the work or the performance of

the contract. And in case the contract shall be rescinded under the provision aforesaid, the

contractor shall not be entitled to recovery or be paid any sum for any works thereof

actually performed by him under this contract unless and until the Executive Engineer shall

have certified in writing the performance of such work and the amount payable to him in

respect thereof and he only be entitled to be paid the amount so certified.

12. NOTICE UNDER UNSATISFACTORY PROGRESS:

If the progress of a particular portion of the work is unsatisfactory, and also if as per the

opinion/observation of the Executive Engineer (whose decision shall be final) in charge

that the general progress of work is not satisfactory, then Executive Engineer in charge

shall be entitled to take action under clause 11 (c) after giving the contractor ten days‟

notice in writing and the contractor will have no claim for compensation for any loss

sustained by him owing to such action.

13. ACTION IN THE CASE OF DEFAULT BY THE CONTRACTOR :

In any case in which any of the powers conferred upon the Executive Engineer by Clauses 11 and

12 hereof shall have exercisable and the same shall not have been exercised, the non-exercised

thereof shall not constitute a waiver of any of the conditions hereof and such powers shall not

withstanding be exercisable in any further case of default by the contractor of which, by any

clauses hereof, he is declared liable to pay compensation amounting to the whole of his security

deposit and liability of the contractor for past and future compensation shall remain unaffected in

the event of the Executive Engineer taking action under sub-clause (a) or (c) of Clause 11, he

EW- 246 PUR-F-006 RFQ-73782

may if he so desires, take possession of all or any tools, plants, materials, and stores in so upon

the work or the site thereof belonging to the contractor, or procured by him and intended to be

used for the execution of the work of any part thereof paying for allowing for the same in

account at the contract rates, or in the case of a contract rates not being applicable of current

market rates to be certified by the Executive Engineer whose certificate thereof shall be final. In

the alternative, the Executive Engineer may by notice in writing to contractor or his clerk of

works, foreman or other authorized agent, require him to remove such tools, plant, materials or

stores from the premises within a time to be specified in such requisition, the decision to the

contractor failing to comply with any such requisition, the decision of the Executive Engineer as

to the expense of any such removal and the amount of the proceed and expense of any such

sale, be final and conclusive against the contractor.

14. EXTENSION OF TIME LIMIT

If the contractor shall desire an extension of the time limit for completion of the work on the

ground of his having been unavoidably hindered in its execution or on any other ground, he shall

apply in writing to the Executive Engineer and the Executive Engineer may, if in his opinion there

are reasonable grounds for granting extension, recommend such extension as he may think

necessary or proper. The decision of the competent authority in this regard shall be final, and

binding to the contractor. Any delay attributed to Corporation, shall be thus compensated only by

way of extending the limit.

15. COMPLETION CERTIFICATE

On completion of the work, the Contractor shall be furnished with Completion Certificate by the

Executive Engineer. No such certificate shall be given nor shall be the work considered to be

completed until works are taken over and/or duly tested and put to operation as the case may

be, nor until the work shall have been measured by the Engineer-in-Charge or where the

measurement have been taken by his subordinates until they have received the approval of the

Executive Engineer the said measurement being binding and conclusive against the contractor.

16. EFFECT OF THE CERTIFICATE :

No payment shall be made for any work estimated to cost less than Rs.1,000 till after the whole

of said work shall have been completed and a certificate of completion given. But in the case of

works estimated to cost more than Rs.1,000, contractor shall on submitting a monthly bill

thereof, be entitled to receive payments. Proportionate to the part of the work then approved

and passed by the Engineer-in-Charge, whose certificate of such approval and a passing of the

sum so payable shall be final and conclusive against the contract. All such intermediate payment

shall be regarded as payment by way of advance against the final payment only and not as

payments for work actually done or completed and shall not preclude the Engineer-in-charge

from requiring bad, unsound, imperfect or unskillful work to be removed and taken away and

reconstructed or re-erected nor shall any such payment be considered as admission of the due

performance of the contract or any part thereof in any respect of the occurring of the claim nor

shall conclude, determine or effect in any way the powers of the Engineer-in-Charge as to the

final settlement and adjustment of the accounts otherwise or in any other way, vary or affect the

contract. The final bill shall be submitted by the contractor within one month of the date fixed for

completion of work; otherwise the certificate of the Engineer-in-charge of the measurement and

of total amount payable for the work shall be final and binding on all parties.

of total amount payable for the work shall be final and binding on all parties.

17. PAYMENT TO CONTRACTORS :

The rates for several items of works estimated to cost more than Rs.1,000 agreed to within shall

be valid only when the item concerned is accepted, having been completed full, in accordance

with the sanctioned specification. In case, where the items of the work, are not accepted, as so

completed, the Engineer-in-charge, may make payment on account of such items at such

reduced rates, as he may consider reasonable in the preparation of final or running accounts bills

and it will be binding to the contractor.

The Bill Shall be submitted by the contactor each month on or before the date fixed by the

Engineer-in-charge, for all works, executed in the previous month and the Engineer-in-charge

shall take or cause to be taken the requisite measurement for the purpose or having the same

verified and the claim so far as it is admissible, shall be adjusted, if possible, within Fifteen days

from the presentation of the bills. If the contractor does not submit the bill, within the time fixed,

as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the said work in

EW- 246 PUR-F-006 RFQ-73782

the presence of the contractor or his duly authorized agent, whose counter signature in the

measurement shall be sufficient warrant and the Engineer-in-charge may prepare a bill from such

list which shall be binding on the contractor in all respects. In case if contractor/ representative

does not remain present on specified date for taking measurement than EIC may take the

measurement one sided and the same shall be binding to the contractor irrespective whether he

has signed or not.

19. SUPPLY OF MATERIALS TO CONTRACTOR [APPLICABLE ONLY WHERE MATERIAL IS

TO BE SUPPLIED BY CORPORATION AS MENTIONED IN SCHEDULE A ]

If the specification of the estimated work provides for use of any special description of material

to be supplied from the Corporation‟s stores or if it is required that the contractor shall use

certain stores to be provided by the Engineer-in-charge, (such material and stores and the prices

to be charged thereof as hereinafter mentioned being so far as practicable for the convenience of

contractor but not so as in any way to control, the meaning or effect of this contract specified in

the schedule or memorandum hereto annexed). The contractors shall be supplied with such

materials and stores as may be required from time to time be used by him for the purpose of the

contract only and the value of the full quantity of materials and stores so supplied shall be set off

or deducted from any sum due or thereafter to become due to the contractor, under the contract

or otherwise or from the security deposit or the proceeds of sale thereof if the deposit is held in

government securities the same or a sufficient portion thereof, shall be sold for the purpose. All

materials supplied to the contractor shall remain the absolute property of the Corporation and

shall on account be removed from the site of work and shall at all times be open to inspection by

the Engineer-in-charge. Any such materials unused and in perfectly good condition at time of

completion or determination of the contract shall be returned to the Corporation‟s store if the

Engineer-in-charge so requires by notice in writing given under his hand but the contractor shall

not be entitled to return any such materials except with such consent and he shall have no claim

for compensation on account of any such materials supplied to him as aforesaid but remaining

unused by him or for any wastage in or damaged thereto. The contractor shall be responsible for

the loss, destruction or deterioration of the materials, stores or articles supplied to him by the

Corporation even if such loss, destruction or deterioration has occurred under any circumstances

whatsoever beyond his control as if the materials, stores or articles so supplied were his

20. WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWING,

The contractor shall execute the whole and every part of work in the most substantial and

workman like manner and both as regarding materials and in every other respect in strict

accordance with the specification. The contractor shall also confirm exactly, fully and faithfully to

the designs, drawings and instructions in writing relating to the work signed by the Engineer-in-

charge and lodged in his office and to which the contractor shall be entitled to have access for

the purpose of inspection at such office, or on the site of the work during office hours and the

contractor shall, if he so requires, be entitled at his own expense to make or cause to be made

copies of the specification and of all such designs, drawings and instructions as aforesaid.

21. ALTERATIONS IN SPECIFICATIONS AND DESIGNS NOT TO INVALIDATE CONTRACTS

The Executive Engineer shall have powers to make any alterations, or additions to the original

specification, 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-in-charge and such alterations shall not invalidate the contract. 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 same conditions in all respect on which he agreed

to do the main works and at the same rates as are specified in the tender for the main work.

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

specifications recommended by the contractor and accepted by the competent authority, the

alteration above referred to shall be within the scope of such designs, drawings and

specifications appended to the tender.

22. RATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE OF RATE OF THE

EW- 246 PUR-F-006 RFQ-73782

If the additional and 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 at the rates entered in the Schedule of

Rates of the Corporation or at the rate mutually agreed upon between the Executive Engineer

and the Contractor, whichever are lower. 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 rates

agreed upon then the contractor within seven days of date of receipt by him of the order to carry

out the work should inform the Executive Engineer for the rate which it is his intention to charge

for such class of work and if the Executive Engineer does not agree to this rate, he shall be

noticed 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 advisable provided always that if the rates shall

have been determined as lastly herein before mentioned then in such case 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 Executive Engineer in the event of disputes, the decision of the General Manager of the

Corporation will be final.

23. EXTENSION OF TIME LIMIT IN CONSEQUENCE OF ADDITION OR ALTERATION

The time limit for the work shall be extended in the proportion that the increase in its cost

occasioned by alterations or additions bears to the cost of the original contract work and the

certificate of the Engineer-in-charge as to such proportions shall be conclusive.

24. NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK TO BE

If at any time, after the execution of the contract documents, the Engineer-in-charge shall, for

any reason whatsoever, requires the whole or any part of the work, as specified in the tender, to

be stopped for any period or shall not require the whole or part of the work to be carried out at

all or to be carried out by the contractor, he shall give notice in writing of the fact to the

contractor who shall thereupon suspend or stop the work totally or partially as the case may be

in any such case, except as provided here under. The contractor shall have no claim to any

payment or compensation whatsoever on account of any loss in profit or advantage which he

might have derived from the execution, of the work in full but which he did not so derive in

consequence of the full amount of work not having been carried out or on account of any loss

that he may be put to on account of materials purchased or agree to be purchased or for

unemployment of labour recruited by him. He shall not also have any claim for compensation by

reason of any alterations having been made in the original specification, drawings, designs and

instructions which may involve any curtailment of the work as originally contemplated. Where,

however, materials have already been purchased or agreed to be purchased by the contractor

before receipt by him of said notice, the Executive Engineer provided they are not in excess or

requirement and are of approved quality and/or shall be compensated for the loss, if any, that he

may put to in respect of materials agreed to be purchased by him. The amount of such

compensation to be determined by the Executive Engineer, whose decision shall be final. If the

contractor suffers any loss on account of his having to pay, his labour charges during the period,

during which the stoppage of work has been ordered under this clause the contractor shall on

application be entitled to such compensation on account of labour charges as the Executive

Engineer whose decision shall be final, may consider reasonable provided that the contractor

shall not be entitled to any compensation on account of labour charges if, in the opinion of the

Executive Engineer, the labour could have been employed by the contractor elsewhere for the

whole or part of the period during which the stoppage of the work has been ordered as

25. NO CLAIM FOR COMPENSATION ON ACCOUNT OF LOSS DUE TO DELAY IN SUPPLY OF

MATERIALS BY CORPORATION

The contractor shall not be entitled to claim any compensation from Corporation for the loss

suffered by him on account of delay by Corporation in the supply of materials entered in

Schedule A where such delay is caused by:

 Difficulties relating to supply of railway wagons.

 Force Majeure

EW- 246 PUR-F-006 RFQ-73782

Any other reasonable cause beyond the control of Corporation, including shortage of materials to

be supplied by the Corporation and difficulties in time by reaching at the site of any materials

In the case of such delay in the supply of materials, Corporation shall grant such extension of

time for the completion of the works as shall appear to the Executive Engineer to be reasonable

in accordance with the circumstances of the case. The decision of the Executive Engineer as to

the extension of time shall be accepted as final by the contractor.

26. TIME LIMIT FOR COMPENSATION CLAIMS

Under no circumstances, whatsoever, shall the contractor be entitled to any compensation from

Corporation on any account unless the contractor has claimed in writing to the Executive

Engineer within one month of the cause thereof.

27. ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK

If at any time, before the security deposit is refunded to the contractor, it shall appear to the

Executive Engineer or his subordinate in charge of the work that any work has been executed

with unsound, imperfect or unskillful workmanship or with materials of inferior quality or that any

materials or articles provided by him for the execution of the work are unsound or of inferior

quality to that contract for or are otherwise not in accordance with the contract, it shall be lawful

for Engineer-in-charge to intimate this fact in writing to the contractor and then notwithstanding

the fact that the work, materials, or articles complained of, may have been inadvertently passed,

certified and paid for, the contractor shall be bound forthwith to rectify or remove and

reconstruct the work so specified in whole or any part, as the case may require or if so required

shall remove the materials or articles so specified and provided other suitable materials or articles

at his own charge and cost, and in the event of his failing to do so within a period to be specified

by the Engineer-in-charge in the written intimation aforesaid the contractor shall be liable to pay

compensation at the rate of one percent on the amount of the estimate for every day not

exceeding ten days during which the failure so continues and in the event of any such failure as

aforesaid, the Engineer-in-charge may rectify or remove or re-execute the work or remove and

replace the materials or articles complained of, as the case may be, at the risk and expense in all

respects of contractor should the Engineer-in-charge consider that any such inferior work or

materials as described above may be accepted, or made use of, it shall be within his discretion to

accept the same as such reduced rates as he may fix thereof.

Provided that in the case of any work of which visible check is not possible if the Engineer-in-

charge or his subordinate in charge of the work feels that such work has been executed with

unsound, imperfect or unskillful workmanship or with materials of inferior quality, he shall take

sample tests at random, cost of which shall have to be borne by the contractor and if after taking

such test part of such work is found to be defective in any respect or to have been executed with

materials of inferior quality then the contractor shall pay for the whole work such amount as may

be fixed by the office of the Engineer-in-charge on the basis of the lowest quality of work found

by him in such sample tests.

28. WORK TO BE OPENED TO INSPECTION, CONTRACTOR OR RESPONSIBLE AGENT TO

All works under execution or in pursuance of the contract shall at all times be open to the

inspection and supervision of the Executive Engineer and his subordinate and contractor shall at

all times, during the usual working hours and at all other times at which reasonable notice of the

intention of the Executive Engineer or his subordinate to visit the works shall have been given to

the contractor, during which period either he should be present to receive order and instruction,

or have a responsible agent duly authorized agent shall be considered to have the same force

and effect as if they had been given to the contractor himself.

29. NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP

The contractor shall give not less than five days‟ notice in writing to the Executive Engineer or his

subordinate in charge of the work, before covering up or otherwise placing beyond the reach of

measurement of any work, in order that the same may be measured and correct dimensions

thereof, taken before the same is so covered up or placed beyond the reach of measurement and

shall not be covered up or placed beyond the reach of measurement and work without the

consent in writing of Executive Engineer or his Subordinate in charge of work. If any work shall

be covered up or placed beyond the reach without such notice having been given or consent

EW- 246 PUR-F-006 RFQ-73782

obtained, the same shall be uncovered at the contractor‟s expense and in default thereof no

payment or allowance shall be made for such work or for the materials with which the same was

30. CONTRACTOR’S LIABILITIES

The contractor shall supply, at his own cost, all materials (except such special materials, if any as

may be supplied from the Corporation stored in accordance with the contract). Plant, tools,

appliances, implements, ladders, cordage, tackle, scaffolding and any temporary works which

may be required for the proper execution of the work, in the original, altered or substituted form

and whether included in the specification and other document forming part of the contract or

referred to in these conditions or not and which may be necessary for the purpose of satisfying

and complying with the requirements of the Engineer-in-charge as to any matter on which under

these conditions, he is entitled to be satisfied or which he is entitled to require together with

carriage thereof to and from the work. The contractor shall also supply without any charge the

requisite number of persons of setting out works and counting, weighting and assisting in the

measurement of examination at the time and from time to time of the work or materials, failing

this the same may be provided by the Engineer-in-charge at the expenses of the contractor and

the expenses may be deducted from any money due to the contractor under the contract or from

his security deposit or the proceeds of sale thereof or of a sufficient portion thereof, the

contractor shall provide all necessary fencing and light required to protect the public from

accident and shall also be bound to bear expenses of defense of every suit, action or other legal

proceedings of law that may be brought by any person for injury sustained. Owing to neglecting

of the above precautions and to pay any damage and cost which may be awarded in such suit,

action or proceedings to any such person or which may with the consent of the contractor be

paid in comprising any claim by any such person.

31. CONTRACTOR LIABLE FOR ALL DAMAGE

Compensation for all damage done intentionally or unintentionally by contractor‟s laborer,

whether in or beyond the limit of Corporation‟s property, shall be estimated by the Executive

Engineer or such other office as he may appoint and the estimates of the Executive Engineer,

subject to the decision of the Superintending Engineer, on appeal, shall be final and the

contractor shall be bound to pay the amount of the assessed compensation demand, failing

which, the same will be recovered from the contractor as damages or deducted by the Engineer-

in-charge from any sums that may be due to or become due from Corporation to the contractor

under this contract or otherwise.

The contactor shall bear the expenses of defending any action or other legal proceeding that may

be brought by any person for injury sustained by him owing to negligence of precautions for

prevent the spread of fire and he shall also pay any damage and cost that may be awarded by

the court, if in consequence.

32. RESCISSION OF CONTRACT AND FORFEITURE OF DEPOSIT

The contractor shall not assign or sublet, without the written approval of the Engineer-in-charge

and if the contractor assign, or sublet his contract, or attempt to do so or become insolvent or

commence any proceedings to be adjudicated as insolvent or make any composition with

creditors, attempt to do so, the Engineer-in-charge may, by notice in writing rescind the contract.

Also, if any bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise

shall either directly or indirectly be given, promised or offered by the contractor or any of his

servants, or agents, or any person to the employee of the Corporation in any way relating to his

office or indirectly interested in the contract, the Executive Engineer may, by ten days‟ notice in

writing, rescind the contract. In the event of a contract being rescinded the security deposit of

the contractor shall there upon stand forfeited and be absolutely at the disposal of the

Corporation and the same consequences shall ensure as if the contract has been rescinded under

Clause 11 thereof and in addition the contractor shall not be entitled to recover or be paid for

any work thereof actually performed under the contract.

33. COMPENSATION

All sums payable by a contractor by way of compensation under any of these conditions shall be

considered as a reasonable compensation to be applied to the use of Corporation without

reference to the actual loss or damage sustained and whether any damage has not been

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34. CHANGE IN THE CONSTITUTION OF FIRM TO BE NOTIFIED

In case of tender by partners of a Firm, any change in constitution of firm shall be forthwith

notified by the contractor to the Executive Engineer for his information.

35. WORKS UNDER DIRECTION OF SUPERINTENDING ENGINEER

All works to be executed under the contract shall be executed under the direction and subject to

the approval of Superintending Engineer /Engineer-in-charge for the time being who shall be

entitled to direct at what point or points and in what manner they are to be commenced and

from time to time to be carried on.

36. DECISION OF SUPERINTENDING ENGINEER TO BE FINAL

Except where otherwise specified in contract and subject to the power delegated to him by

Corporation under the Corporation‟s rules, then in force, the decision of the Superintending

Engineer/EIC for the time being shall be final, conclusive and binding on all the specifications,

designs, drawings and instructions herein before mentioned and as to the quality of workmanship

or material used on or as to any other question, claim, right matter or thing whatsoever in any

way arising out of or relating to the contract, designs, drawings, specifications, estimates,

instructions, orders or these conditions or otherwise concerning, the works or the execution or

failure to execute the same, whether arising during the progress of the work or after the

completion or abandonment thereof.

37. ARBITRATION

Dispute Resolution Mechanism: For works contracts and composite Contracts, the arbitration

mechanism shall be governed by the Gujarat Public Works Contracts Disputes Arbitration Tribunal

Act, 1992 as per below details.

sub clause 37(1) Amicable Settlement : Any dispute, difference, controversy or claim

between the Parties arising out of or relating to this contract with reference to the construction,

interpretation, breach, termination or validity thereof (hereinafter referred as "the Dispute") shall,

upon the written request of either Party be referred to the authorized representatives of the

Disputing Parties for resolution. The authorized representatives shall promptly meet and attempt

to negotiate in good faith a resolution of the Dispute within thirty days of the service of the

sub clause 37(2) Arbitration: If the Parties fail to amicably resolve the disputes or differences

or contrary claims as indicated herewith in sub clause (1) of Clause 37 arising under or in

connection with the present works contracts, whether pertaining to works contracts alone or

works and procurement both, the same shall be referred to arbitration under the Gujarat Public

Works Contracts Disputes Arbitration Tribunal Act, 1992."

38. STORES TO BE OBTAINED FROM CORPORATION [APPLICABLE ONLY WHERE

MATERIAL IS TO BE SUPPLIED BY CORPORATION AS MENTIONED IN SCHEDULE A]

The contractor shall obtain from the Corporation stores, such articles as are mentioned in

schedule “A” which may be required for the work or any part of the work or in making up any

articles required therefore or in connection therewith, unless he has obtained permission in

writing from the Executive Engineer or obtained such stores and articles from elsewhere. The

value of such stores and articles as may be supplied to the contractor by the Engineer-in-charge

will be debited to the contractor in his account at the rate shown in the schedule “A” attached to

the contract and if they are not entered in said Schedule, they shall be debited to him at cost

price which for the purpose of this contract shall include cost of carriage and all other expenses

whatsoever which may have to be incurred in obtaining delivery of the same at the stores

aforesaid and further overhead charges 15%.

The Contractor shall be responsible for the loss, destruction or deterioration of the materials,

stores or articles supplied to him by the Corporation, even if such loss, destruction or

deterioration has occurred under any circumstances whatsoever beyond his control as if the

materials, stores or articles so supplied were his property. The contractor shall be responsible for

returning the residual materials after completion of the contract and it fails to return, the balance

materials supplied to him by the Corporation, the cost of the residual materials will be recovered

from the contractor at the market rate or stock issue rate whichever be higher at the time of

materials account plus 15%.

39. LUMP SUMS IN ESTIMATE

When the estimate on which tender is made, includes lump sums in respect of parts of the works

the contractor shall be entitled to payment in respect of the items of works involved or the part

EW- 246 PUR-F-006 RFQ-73782

of the work in question at the same rates as are payable under this contract or such items or if

the part of work in question is not in the opinion of the Engineer-in-charge capable of

measurement the Engineer-in-charge may at his discretion pay the lump sum amount entered in

the estimate and the certificate in writing of the Engineer shall be final and conclusive against the

contractor with regard to any sum or sums payable to him under the provision of this clause.

40. LUMP SUM TENDERS

Whenever lump sum tenders have been invited for buildings or other structures of the same

type, design, the contractor shall submit his bill stated in Clause No. 18 and the Engineer-in-

charge not below the rank of work, Executive Engineer shall certify by general measurement or

by other method considered suitable to him, the value of work done and the contractor shall be

paid monthly a sum equal to 90% of the total value the work so certified, since the last payment,

after deducting a part or whole of the secured advance if not already paid for the materials

utilized on the works. An additional secured advance for any fresh materials utilized on the

works. An additional secured advance for any fresh materials brought on site will also be paid if

certified by the officer not below the rank of Executive Engineer. After the work is completed

final bill would be paid on the certification of officer not below the rank of Executive Engineer,

that the work, is done according to drawing and specifications attached to the tender. If any

additions and alterations have been carried out, detailed measurement in respect thereof shall be

recorded and extra payment or deductions are regulated as per item rates quoted by the

contractor while submitting the tender and if there are any items in the additions and alterations

for which the contractor has not quoted a rate, the payment shall be as per Clause 39 above.

41. ACTION WHERE NO SPECIFICATION

In the case of any class of work for which there is no such specification as is mentioned, such

work shall be carried out in accordance with the PWD and in the event of there being no PWD

specification, the work shall be carried out in all respects in accordance with the instructions and

requirements of the Engineer-in-charge of the Corporation etc.

42. NO CLAIM FOR VARIATION IN QUANTITIES OR WORK

Quantities shown in the tender are approximate and no claim shall be entertained for quantities of

work actually executed, being either more or less up to any extent than those entered in the

tender or less than those entered in the tender or estimate.

43. NO CLAIM FOR COMPENSATION FOR DELAY IN STARTING WORK

No compensation shall be allowed for any delay caused into starting of work on account of

acquisition of land and in the case of clearance for works or any delay in according sanction to

44. NO CLAIM FOR COMPENSATION FOR DELAY IN EXECUTION OF WORK

No compensation shall be allowed for any delays in execution of the work on account of water

standing in borrow pits or compartment. The rates are inclusive for hard or cracked soil,

excavation in mud, sub-soil water or water standing in borrow pits and no claim for any extra

rate shall be entertained unless otherwise expressly specified and mentioned in the tender.

45. EMPLOYMENT OF TECHNICAL PERSONS:

The contractor shall keep one full time qualified Civil Engineer at the site, who shall be fully

authorized to receive and comply with such instructions, as given by the Executive Engineer. The

contractor shall intimate the name of such Engineer with his qualifications and experience. The

Executive Engineer shall have the right to demand the removal of any technical personnel, skilled

or unskilled workmen, who in his opinion are considered to cause bad workmanship in the

execution of works or to cause indiscipline.

46. INDUSTRIAL LABOUR LAWS

LABOUR LAWS TERMS AND CONDITIONS

1) The contractor should not be allowed to engage 50 or more contract labourers without valid

labour license under The Contract Labour (Regulation & Abolition) Act, 1970 & The Contract

Labour (R & R)(Gujarat) Rules 1972 from the Assistant Commissioner of Labour , Gandhinagar

(the said number i.e. 50 or more includes Supervisor and other staff)

2) The contractors shall have to obtain group insurance policy under Employee Compensation

Act, 2010 before starting the work.

3) All Contractors shall have to make the payment of wages to the Contract Labours engaged

by them, on or before expiry of 7th of every month through either by A/c Payee Cheque or by

crediting the wages in their bank accounts. The Contractor shall supply copy of Bank Statement

EW- 246 PUR-F-006 RFQ-73782

duly stamped by the Concerned Bank as a token of proof towards payment of Wages to HR

Department. Contractor shall intimate the Date & Mode of Payment in advance to LWO / IRO.

Contractor are also required to get the wage register of respective month certified from LWO /

IRO as per the provision laid down under the Contract Labour (R&A) Act, 1970. Any default will

result in cancellation of contract forthwith or else the contractor shall be punishable to the extent

of Rs. 100/- per day by way of fine.

4) Apart from payment of wages through bank, contractors should also make all other

payments like advances, bonus, leave encashment etc. to their labours through Banks.

5) The contractor shall give his telephone number, address, emails to the GSECL authority, so

that in case of labour unrest etc. the contractor can be contacted.

6) Maternity benefits and leave as per the provision of the Maternity Benefits Act.

7) If any workman engage by contractor meet with fatal or non-fatal accident while on duty,

then contractor shall be liable to pay compensation to legal heir or to the workman as case may

be as per Employees compensation act,2010.

8) The attendance of all contract labours of ARC / BRC contracts is to be monitored through

Bio-metric punching system only.

9) It shall be the duty of the Contractor or his Supervisor to ensure the supply of specified

number of manpower and to ensure their Bio-Metric punching and reporting at the location of

work. Non-reporting or non-availability at the location of work shall be considered as non-

punching and suitable actions can be taken by User department, including levy of penalty.

10) The contractors shall comply with the provisions of E.S.I. Act wherever applicable as per the

prevailing provisions of the Act and as amended from time to time.

11) The contractor shall be responsible and liable to pay difference in wages, if any, and /or

observe the revised service conditions that may be awarded by the Honorable court effective

from the date directed in the award to concerned Protected workmen.

12) The contractor shall require to maintain regular Labour record/ documents/ registers and

shall pay all benefits to Labour force as per applicable statutory laws and contractor shall require

to obtain clearance certificates to this effect from HR Officer of GSECL.

13) The contractor will make arrangements at his own cost to insure all men, materials and

equipment employed for this work. The GSECL will not be responsible for any loss or damage

either to the contractor‟s personnel or his equipment.

14) Dispute, if any, taking place between the contractor and laborers must be intimated to

LWO/IRO/DGM, GTPS immediately.

15) Any casualty will also have to be borne by the contractor for the period the contract

16) The Contractor shall also indemnify GSECL for injury or damage to third party other

than employees of the GSECL, contractor or sub – contractor.

17) Contractor / Agency shall have to issue the contractual appointment letter for a specific

period to their Labour engaged during the contract period each and every instance & should

narrated clear out terms & conditions for the liabilities of the concerned employees.

18) Contractor shall produce certified copy of appointment letter of each worker deployed

at GSECL, GTPS.

19) Gate pass shall not be issued without Employee insurance for work inside or outside of

factory. Engineer in charge has to ensure employee compensation insurance before

commencement of work.

20) Wages rates for contract laborers are applicable as per The Minimum Wages Act,

& The Minimum Wages (Gujarat) Rules 1961 The contractor shall have to pay wages to workers

as notified by Government of Gujarat., from time to time.

21) It should be ensured that all the labours engaged by contractor are covered under the

Employees' Provident Funds & Miscellaneous Provisions Act, 1952 and their contributions are

remitted regularly to the concerned RPFC. The Xerox copies of challan along with ECR and

remittance slip in this regards should be submitted regularly in G.S.E.C.L. office.

22) In case the contractor having more than one contract in the same Power station, the

contractor shall have to submit contract wise separate list of the workmen & maintain relevant

registers and records accordingly and submit the same to the Concerned Section & HR

department as per applicable labour laws.

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23) The Interstate Migrant Workers Act, 1979 & The Inter state Migrant Workers (Gujarat)

Rules 1981 shall be complied by contractor in case 05 or more outstate worker/ employees is

required to engaged at GSECL GTPS TPS.

24) Person below the age of 18 years and above 60 years should not be employed for the

25) No female worker shall be employed in the night shift between 7.00 P.M. to6.00 A.M.

26) The contractor shall maintain a valid labour license under the contract labour

(Regulation and Abolition) Act for employing necessary man power to be required by contractor.

In the absence of such license the contract shall be liable to be terminated without assigning any

reasons thereof.

27) The contractor shall at his own expense comply with all labour laws and keep the

G.S.E.C.L. Indemnified in respect thereof.

28) Contractor shall obtain valid Identity cards for their workmen as prescribed under the

Factories Act 1948 and Gujarat Factories Rules, 1963 from Factory Manager or Authorized

representative of Company in prescribed form by submitting required documents before

commencement of work.

29) Payment of retrenchment compensation, Notice pay and other liabilities as per The

Industrial Disputes Act, 1947 & Gujarat Rules 1966. Any payment to the contractor's labours

arising out of any claim or disputes under the Industrial Dispute Act 1947 or any other labour

30) Payment of compensation in case of accidental injury shall be made by contractor as per the

Employee Compensation Act,

31) If the female workmen are more than 30 numbers engaged then provision of crèches and

Maternity leave as per the provision of the Maternity benefit Act, 1961shall be complied.

32) Contractor shall comply the Provision laid down under the payment of Bonus Act, 1965 for

their workmen engaged at GTPS and submit the relevant records to GSECL office.

33) The contractor must possess separate P.F. code for the above subject work.

34) Provisions of The Building and other Construction Workers (Regulation of

Employment and Conditions of Service) Act, 1996 and Gujarat Building and Other Construction

Workers (Regulation of Employment and Condition of Service) Rules, 2003 shall be complied by

contractor if contract is awarded outside the factory premises i.e. colony area & other than factory

premises before execution of work compliance shall be submitted if 10 or more workers are

engaged .Necessary documents such as registration certificate under BOCW Act etc

shall be submitted by contractor. Contractor shall obtain Gate passes for the work of carried out in

Colony area & other than factory premises from Security Section after following due procedure

from GSECL Office.

35) Paid leave facility at the rate of one day for every 20 days worked by the contract labour shall

be provided by the contractor to his workers as per factory act. ,1948. It shall be duly verified and

approved/certified by the authorized officer of the GSECL.

36) The contractor shall employ adequate number of experienced staff at site for daily supervision

and for maintaining of various registers and records required under the law and contracts. No

payment for such supervision shall be admissible.

37) If any Agency found having involved in any kind of malpractices such as less payment to its

employees, irregularity in computation of duty hours, less deduction of Provident Fund & default in

other statutory compliances or in maintaining required manpower as per Contract terms or failure

in legal compliances the Company will have the right to terminate the contract of such Agency

immediately without giving any notice. In such circumstances security deposit shall be forfeited.

38) If any complaints related to legal /statutory compliances received against contractor from its

workmen or otherwise, contractor shall be responsible to resolve the same immediately, non-

resolving the same company shall withheld his pending dues until the complaints is resolved.

39) In case the contractor‟s work is found unsatisfactory or contractor abandons, stops, or creates

hurdle during the contract period, the GSECL will be entitled to terminate the contract. In case of

default the work will be got done through other agencies at the risk and cost of contractor and

GSECL shall be entitled to recover such expenses from defaulting contractor by such methods as

deemed fit. The contractor shall not however, be entitled to terminate the contract or stop works

undertaken by him before expiry of the contract period due to any reason whatsoever.

40) Under the contract, the contractor shall either himself be present on site or should nominate

EW- 246 PUR-F-006 RFQ-73782

persons in writing, who must be available at site and who should be authorized to take decision

about the works and mutual consultation from time to time. In the absence of any responsible

man of contractor at the time of any emergency adhoc decision of Engineer-in-charge will be

binding to the contractor

41) CONTRACTOR TO INDEMNIFY THE GSECL

The contractor shall indemnify and keep indemnified the GSECL, and every member, officer and

employees of the GSECL, also Engineer-in-charge and his staff against all actions, proceedings,

claims, demands, costs and expenses whatsoever arising out of or in connection with the matter

referred in above clauses and elsewhere and against all actions, claims demands, cost and

expenses which may be made against the GSECL by any workman/ employees of contractor or any

sub contractor and or from any liability any wise to any workman/employees of the contractor or

sub-contractor under any laws, rules or regulation having in force of law including but not limited

to claims against the owner under workmen compensation Act, 1923. The Employee‟s Provident

Fund Act.1952, and/or the contract labour (Abolition and Regulation)Act, 1970 & various labour

laws applicable.

The GSECL shall not be liable for or in respect of or in consequence of any accident or injury to

any workmen or other person in the employment of the contractor or his sub-contractor, and the

contractor shall indemnify and keep indemnified the GSECL against all such damage and

compensation and against all claims, demands proceedings costs, charges and expenses

whatsoever in respect of or in relation thereto.

42) EMPLOYEE'S COMPENSATION & EMPLOYER'S LIABILITY INSURANCE

The contractor has to take Employee Insurance under the Employee

Compensation Act, 2010 for all workmen engaged by him for GSECL work contract (Location &

Order wise) and copy of the same shall be produced to GSECL prior to start work. Insurance shall

be affected for all the contractor‟s employees engaged in the execution of these contracts. If any

of the work is sublet, the contractor shall required the sub-contractor to provide Employee's

compensation and Employer's liability insurance for the latter‟s employees unless such employees

are covered under the contractor‟s insurance. It shall be liability of contractor for employees of his

sub-contractor.

43) Any other rules and regulation, conditions, Circulars etc., that are in force at present and that

may be framed by the GSECL From time to time in connection with contracts will be binding and

acceptable to contractor.

44) All relevant records i.e. registers, forms, valid licenses etc shall be maintained up to date as

per applicable all labour laws and kept ready at GSECL site office for inspection at any time or

submitted in-time to the concerned authorities as per applicable various labour laws by contractor.

45) It is the responsibility of the contractor to ensure that contractor‟s employees maintain strict

discipline as regards security, methods of safe working etc, and not to cause any hindrance to

smooth running of power station or in execution of duties by GSECL staff. Any lapse in this regard

will be viewed seriously and contract is liable to be terminated. If any of contractor‟s staff is found

unsuitable or not behaving properly, the contractor shall have to remove him from the work-site

on demand by GSECL. To keep harmonious industrial relations amongst contract labours is the

sole responsibility of the contractor. Any breach of the same will be viewed seriously.

46) Before starting the work, the contractor should contact Industrial Relation Officer/ Labour

Welfare Officer for fulfilling Labour Laws Compliances and obtaining the gate passes of all contract

labourers as per procedure laid down.

47) The contractor shall deposit 15 days salary at the rate of last drawn salary for every

completed year of services for each worker for the liabilities of the gratuity. (* applicable to

ARC/BRC works contract only).

The above instructions should be followed scrupulously to avoid undue litigation for non

Compliance of Labour Law.

Follow the following procedure at each milestone for the execution of works contract.

(A) On Commencement of Contractual Work:

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(1) The Contractors shall have to obtain Photo-Gate-Pass as per Factory Act, 1948 before the

commencement of contractual work awarded. Contractor shall have to apply for the gate passes in

triplicate in a prescribed application form which is to be available with user Section for the entry of

workmen in the premises of GSECL including Colony premises.

(2) Such application shall have to be proceed for the approval of Factory Manager. After obtaining

approval of Factory Manager, contractor shall have to prepare the Gate Passes and obtain the

signature of Factory Manager / Authorized representative of company as per factory Act,1948.

(3) If Labours are required to be engaged in Emergency during Public Holiday or any other

day, Contractors Can apply for Temporary Gate-Pass for the maximum period of only three days

with recommendation of respective EE/SE and the same shall have to be regularized after

following the procedure of Gate Pass applications by Chief Engineer. It is to note that No

Temporary Gate-Pass shall be issued for the work other than acute emergency to carry out the

work in power station premises. Emergency work is to be justified by concerned user section and

same shall be approved by Chief Engineer.

(4) The Contractor shall have to obtain the Group Insurance Policy under the Employee

Compensation Act, 1923 prior to commencement of work. No pass whether temporary or Valid

shall be issued without insurance policy under Employee compensation Act,2010

(5) The Contractor who intend to engaged 50 or more labours to carry out the awarded

contractual work then necessary - Form No. V under the Contract Labour (R& A) Act, 1970 / Form

No. VI under the Interstate Migrant worker (employment regulation) rule 1979 as applicable is to

be obtained from HR Department for the purpose of obtaining Labour License from the Licensing

(6) Contractor shall submit Registration certificate under The Building and other Construction

Workers (Regulation of Employment and Conditions of Service) Act, 1996 and Gujarat Building and

Other Construction Workers (Regulation of Employment and Condition of Service) Rules, 2003 if

contract is awarded outside the factory premises i.e. colony area & other than factory premises

before execution of work if 10 or more workers are engaged.

(B) During Contractual Work under the progress:

(1) Bill Recording Officer/Engineer of User department shall have to ensure as to whether

contractor has engaged minimum number of contract workmen per day as per the terms of work

(2) All Contractors shall have to make the payment of wages to the Contract Labours engaged

by them on or before expiry of 7th of every month through either by A/c Payee Cheque or by

crediting the wages in their bank accounts preferably situated in the premises of GSECL. The

Contractor shall supply copy of Bank Statement duly stamped by the Concerned Bank as a token

of proof towards payment of Wages to HR Department.

(3) Contractors has to comply & maintain All statutory documents / registers at site under the

provision of labour laws such as CLRA Act, EPF & MP Act,1952, Minimum wages Act, Payment of

wages Act, Bonus Act, Gratuity Act, Factory Act, etc & other applicable labour laws.

(C) Submission of Statutory documents to ensure the compliances:

1) The Contractor shall have to submit following statutory documents, work order wise, under

the labour laws with invoice to the recording officer of user department for ensuring the

compliances of provision of labour laws for the respective execution of contract period and same is

required to be forwarded to HR Department in Office note .(Copy attached).

List of documents are given below:

1. Copy of Attendance register – with name & address of establishment, Name of work and site

(duly signed & stamp by Contractor and sub- contractor) - Form XVI.

2. Copy of Wage Payment Sheet – with signature of workmen, (duly signed & stamped by

Contractor sub-contractor)- Form XVII.

3. Copy of Bank Statement of Wage Payment for the proof of wage payment (Duly signed &

Stamp by Concern Bank and contractor and sub contractor

4. Copy of PF Challan along with ECR Statement of respective period. (High light n employees

EW- 246 PUR-F-006 RFQ-73782

5. EPF Remittance Slip

6. Bonus register with payment details ( If Applicable)

7. Leave Encashment Register with payment details (If applicable )

8. Undertaking for labour law compliances on non- judicial stamp paper of Rs.300/- to be

submitted with notarized at the time of processing the final bill.

Contractor shall specify the Name of Work, Place of Work and Work order number in Muster Roll-

Form No. XVI & Wage Register – Form No XVII as Prescribed under the Contract Labour (R&A)

Act, 1970 & rules thereof.

2) The Recording Officer/ Engineer of User department shall furnish the details and statutory

documents in the form of prescribed Office Note as enclosed in Annexure „‟A‟‟ and the same should

be submitted to LWO / IRO/PO /DGM for onward action. (Copy Enclosed) .

3) In case of running contracts, if the contractor does not fulfill the requirement of documents

(PF Challan, Wage Registers etc), RA Bill shall not be processed until the documents are submitted.

4) On submission of relevant documents to LWO /IRO/PO/DGM by Office Note. The same will be

intimated to Accounts Section for Compliances of Labour Laws.

5) If contractor failed to submit above documents in that case his payment of Bill shall be

withheld by GSECL, GTPS and on submission of the required documents the said bill shall be

released by GSECL GTPS.

6) Original copies of above mentioned documents and other legal documents as per requirement

shall be produced before Dy. G.M. (HR) / IRO / LWO / In-charge of H.R. Department as and when

7) The GSECL will be entitled to deduct directly from the bill to be paid to the contractor, any

sum or sums payable by the contractor and which sum/sums the GSECL is required to pay as a

principal employer on account contractor‟s default in respect of all liabilities referred to in above

8) GSECL shall entitled to fulfill statutory liabilities under applicable laws being a principal

employer if contractor, its Sub Contractor fails to comply statutory compliance towards his

workmen. The amount of the same can be recovered from pending dues of contractor with

appropriate penalty and administrative charges / Service charges.

9) Office correspondence will be carried out in English / Gujarati. The English version will be the

correct one and the same only will held good for legal matters.

10) Any other rules and regulation, conditions, etc., that are in force at present and that may be

framed by the GSECL From time to time in connection with contracts will be binding and acceptable

11) Contractor have to follow gate pass procedure in view of guideline issued by GSECL Corporate

Office vide letter No. GSECL/CEG/Corporate Safety/Gate Pass Procedure/1029 Dtd. 30.05.2019

(Performa of Gate Pass is attached herewith).

12) In view of GSECL Corporate Office Circular No. GSECL / CEG / G.I / Circular / Works/815 Dtd.

02.05.2019 Contractor have to follow all the terms and condition / guideline related to contract

labour management system such as Biometric punching, compliance to various labour laws, regular

submission of statutory documents etc. for obtaining no objection certificate from HR.

13) As per tender terms and conditions. In case of contractor or OEM/ OES are permitted to

perform the works portion through sub-contractor, It would be necessary for such OEM/ OES to

submit Declaration cum Indemnity Bond in specified format on Rs.300/ Non judicial stamp paper

and Bills submitted by the OEM/ OES on behalf of subcontractor shall be processed only by

complying statutory provision under applicable acts.

14) If any problem may arise for payment of wages through bank, same may inform to Chief

Engineer (Gen.) and after approval only , the payment shall be disbursed in presence of the GSECL

representative i.e. HR officer during the working hours in the factory premises and the contractor

shall get the entries certified in the register of wages by the representative of the GSECL

15) During the tenure of work order, if by order of Court any workman engaged by them declared

as protected workman or during the pendency of proceedings at court, then concerned contractor

shall be binding to maintain status-quo until further order of court.

16) Nothing in the contract document stated shall anywise construe any work man/employees of

the contractor or sub-contractors as or to be workman employee of the Owner or place obligatory

liability in respect of any such workman/employees upon GSECL.

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On Non-Judicial Stamp Paper of Rs.

To be submitted with NOTORIZED at the time of final bill

UNDERTAKING FOR LABOUR LAW COMPLIANCES

I, Proprietor / Owner / Partner / Authorized

Agent of M/s. do hereby declare and undertake as

1. That in capacity of independent contractor for M/s.

(Sub-Contractor of M/s. ) worked as

Contractor at GSECL, GTPS Thermal Power Station for the nature of work of

against Work Order

No. Dt. ., I have

complied with the provisions of all laws as applicable. I have paid the wages for the

month/s of my contractual period which is/are not less than the minimum rates as

applicable, to all my employee/s and no other dues are payable to my employee/s.

2. That I have covered all the eligible employee/s under the Employees‟ Provident Funds

and Miscellaneous Provisions Act, 1952 and deposited the contributions under my P.F.

Code No. Place: for the month/s

of my contractual period and as such no amount towards contributions whatever is

3. I further declare and undertake that in case any liability pertaining to any of my

worker, labour, employee/s is/are to be discharged by the Principal Employer i.e.

Gujarat State Electricity Corporation Limited, GTPS due to my lapse, I undertake to

reimburse the same or the Principal Employer is authorized to deduct the same from

my dues as payable.

I further declare and undertake the legal consequences which may arise in future under the

said work awarded, and I bound myself to resolve the same at the risk and cost of

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48. Relationship of employee: - Every bidder should, at the time of submission of bid, give a

declaration as under.

"If in any bidder company/firm, the interest (i.e. Shareholding in company and share in partnership firm)

of any employee of the tendering Company or his/her relative as defined in section 2(77) of the

Company's act. 2013 is 10% or more, the tendering Company will not deal with such company/firm at

Tenderer therefore, must specifically disclose this fact in his technical bid. Non-disclosure of such facts

would immediately disqualify the tenderer for further dealing with the tendering company."

49. Conflict of interest among Bidders/Agents: A bidder shall not have conflict of interest with other

bidders. Such conflict of interest can lead to anti-competitive practices to the detriment of Procuring

Entity's interests. The bidder found to have a conflict of interest shall be disqualified. A bidder may be

considered to have a conflict of interest with one more parties in this bidding process, if:

a) They have proprietor/partner(s)/Director(s) in common; or

b) They receive or have received any direct or indirect subsidy/financial stake from any of them; or

c) they have the same legal representative/agent for purposes of this bid; or

d) they have relationship with each other, directly or through common third parties, that puts them in a

position to have access to information about or influence on the of bid of another bidder; or

e) Bidder participates in more than one bid in this bidding process. Participation by a bidder in more than

one Bid will result in the disqualification of all bids in which the parties are involved. However, this does

not limit the inclusion of the components/sub-assembly/assemblies from one bidding manufacturer in

more than one bid.

f) in cases of agents quoting in offshore procurements, on behalf of their principal manufacturers, one

agent cannot represent two manufacturers or quote on their behalf in a particular tender enquiry. One

manufacturer can also authorize only one agent/dealer. There can be only one bid from the following:

1. The principal manufacturer directly or through one Indian agent on his behalf; and

2. Indian/foreign agent on behalf of only one principal.

g) a Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical

specifications of the contract that is the subject of the Bid;

h) in case of a holding company having more than one independently manufacturing units, or more than

one unit having common business ownership/management, only one unit should quote. Similar

restrictions would apply to closely related sister companies. Bidders must proactively declare such

sister/common business/management units in same/similar line of business.

i) Bidder shall not act in contravention/violation to the provisions of competition act, as amended from

Every bidder should, at the time of submission of bid, give a declaration, that bidder shall not have conflict

of interest with other bidders, as above.

ADDITONAL TERMS AND CONDITIONS

ADDITIONAL TERMS AND CONDITIONS REGARDING INDUSTRIAL LAW

AND OTHER RELATED MATTERS FOR THE TENDER DOCUMENTS.

1. Wages to be paid and time of payment etc., by the contractor

(A) The contractor shall pay minimum wages as may be specified hereafter or rates fixed under the

Minimum Wages Act whichever is higher. The wages of every contract labour employed by him

under his contract shall be paid by him before the expiry of 7th day of the last day of the month in

respect of which the wages are payable (i.e. Wages of a Month have to be paid by him in-the first week

of the next month). The payment shall be disbursed in the presence of Management Representative

during the working hours in factory premises and the contractor shall get the entries certified in the

register of wages by the Representative of the Board. Any default will result in cancellation of contract

forthwith or else the contractor shall be punishable to the extent of Rs 100/- fine per each day or as

decided by Govt.

(B) The contractor shall give his own / acting directors telephone number and full permanent /

correspondence addresses to the Corporation so that in case of labour trouble etc., the contractor can

EW- 246 PUR-F-006 RFQ-73782

be contacted. The contractor shall arrange to have his office outside the factory premises and the

contractor keep himself present throughout the working hours.

(A) Persons below the age of 18 years shall not be employed for the work.

(B) No female worker shall be employed in the night shift between 7 pm to 6 am.

(C) Contractor shall maintain a valid labour license under Contract Labour (Regulation and abolition) Act

for employing necessary manpower to be required by him. In the absence of such license; the contract

shall be liable to be terminated without assigning any reasons thereof.

(D) The contractor shall at his own expense comply with all labor laws and keep the

Corporation indemnified in respect thereof. Some of the major liabilities under various labour and

industrial laws which the contractor shall comply with are as under:

(i) Payment of Contribution by way of Employer's Contribution towards Provident Fund Family Pensions

Scheme Deposit Linked Insurance Scheme. Administrative charges etc at the rates made applicable from

time to time by Government of Gujarat/Government of India or other Statutory Authority.

(ii) Payment of deposit in respect of each contract labor at the rate of Rs 250/- with the office of

Commissioner of Labor as per the Contract Labor (Regulation and Abolition) Act

(iii) License Fee as prescribed under the contract Labor (Regulation and Abolition) Act and rules framed

there under depending upon the number of workmen employed by the contractor and to keep all

register under the contract labor Act.

(iv) Paid leave facility and wages as per the provision of the Factories Act at the rate of one day for

every days of working.

(v) Identity cards as prescribed under the Factories Act with photo affixed there to the same for

identification.

(vi) Payment of retrenchment compensation. Notice pay and other liabilities as per Industrial Disputes

Act. Any payment to the contractor's employees arising out of any claim or disputes under the Industrial

Disputes Act 1947 or any other labour laws

(vii) Full Payment of compensation in case of accidental injury

(viii) Provision of crèche if the female laborer employed are more than 30 numbers

(ix) Maternity Leave as per the provision of the Maternity Benefit Act.

(x) Bonus as per payment of Bonus Act 1965. 3. Provident Fund and Family Pension

The contractor shall submit along with his bill (month wise) a statement regarding deductions against

employees provident fund and family Pension Scheme in respect of each concerned employee. Provident

Fund and Family Pensions Scheme at the rate of 12% (or at rate made applicable by the Government

from time to time) of the wages. The contractor‟s contribution and his workers contribution towards

Provident Fund and Family Pensions Scheme shall be deposited by the contractor with Regional

Provident Fund Commissioner, Ahmedabad.

4. Deposit Linked Insurance Scheme

Contractor shall have to deposit 1/2 % of the wages in respect of employees who is a member of the

Provident Fund as the contribution to the Deposit Linked Insurance Scheme with Regional Provident

Commissioner, Ahmedabad or in line of any Scheme of Govt

5. Administrative Charges

Administrative charges for maintaining Provident Fund A/c shall be deposited by the contractor with

Regional Provident Fund Commissioner, Ahmedabad at the rates applicable.

6. Paid Leave Facility

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Paid leave facility at the rate of one day for every twenty days worked by the contract labour shall be

provided by the contractor to his workers. He shall maintain leave records/leave cards for individual

laborer which shall be duly verified and approved/certified by the authorized officer of the Corporation‟s

as well as by the Concerned Govt. Authority.

7. Workmen’s Compensation Fund and Employer’s Liability Insurance

The contractor shall cover all his employees under Workmen's Compensation Fund and under the

liabilities of Group Insurance.

8. The contractor shall employ adequate number of experienced staff at site for daily supervision and

for maintenance of various registers and records required under the law and contract. No payment for

supervision shall be admissible.

9. Contractor to indemnify the corporation

The contractor shall indemnify the Corporation and every member officer and employees of the

Corporation, also Engineer-in-charge and his staff against all actions, proceedings, claims, demands,

costs and expenses whatsoever arising out of or in connection with the matters referred in herein above

elsewhere and against all actions, proceedings, claims, demands, costs and expenses which may be

made against the Corporation / Government for in respect of or performance of his obligation under the

contract documents. The Corporation shall not be able for or in respect of or in consequence of any

accident or injury to any workmen or other persons in the employment of the contractor or his sub-

contractor and the contractor shall Indemnify and keep indemnified the corporation against all such

damage and compensation and against all claims, demands, proceedings costs, charges and expenses

whatsoever in respect thereof or in relation thereto.

10. Workmen's Compensation and Employer's Liability Insurance

Insurance shall be affected for all the contractor‟s employees engaged in the performance of his

contract. If any of the work is sublet, the contractor shall require the sub-contractor to provide

workmen‟s compensation and Employer‟s Liability insurance for the latter‟s employees unless such

employees are covered under the contractor‟s insurance.

11. The Corporation reserves all the right to terminate this contract at any time during its tendency

without giving notice of termination or any reasons thereof

12. The Corporation will be entitled to deduct directly from the bills, to be paid to the contractor any

sum or sums payable by contractor and which sum/sums the Corporation is required to pay as a

principal employer on account of contractor' default in respect of all liabilities referred to in above

The above are some of the major liabilities of the contractor in addition to other liabilities prescribed

under the various labour laws in force from time to time from Statutory Authorities like State

Government/Government of India which the contractor shall have to comply with.

1.0 Wages to be paid and time of payment etc. by the contractor

 The contractor shall comply with the labour laws as may be current and shall furnish the

returns and information as may be specified from time to time.

 At plant gate and at Colony gate, biometric punching system is adopted by GSECL. Agency has to

ensure that their laborers shall punch while entry and exit from the premise.

 Agency has to ensure that labour Payment shall be deposited to the bank account of concern

labour directly and evidence thereof shall be submitted to Labour welfare officer for verification along

with each bills.

 The contractor shall as far as possible obtain his requirements of labour, skilled, and unskilled

from the local area. No person below the age of 18 years shall be employed as laborers.

 The contractor shall pay fair and reasonable wages (whether or not such wages are

controlled by any laws existing at the time), to the workmen employed by him for the work. In the

event of any dispute arising between the contractor and his workmen on the grounds that the wages

paid are not fair and reasonable, the dispute shall in the absence of legal or other relief to the

workmen shall be referred to the Engineer-in-charge who shall decide the same. The decision of the

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Engineer-in-charge shall be conclusive and binding on the contractor but such decision or any other

decision in this behalf that the contractor's workmen may obtain by recourse to law or other level

means available to them, shall not in any way, effect the condition in the contract regarding payments

to be made by Corporation to the contractor only at the rates accepted in this contract.

 The contractor shall not employ animal suffering from sores, lameness, or emaciation or

which are immature nor shall he treat them in a way that may be considered inhuman.

 The Engineer-in-charge shall have the authority to remove from the work any animal, he

may consider unfit or undesirable and no responsibility shall be accepted by the Corporation for any

delay or extra expense caused towards the completion of the work by such removal.

 If Government declares a state of scarcity or famine to exist in any village situated within

10 miles of the work the piece worker/contractor shall employ upon such parts of the work as are

suitable for unskilled labour any person certified to him by the Executive Engineer-in-charge or by any

person to whom the Executive Engineer-in-charge may have delegated his duty in writing to be in

need of relief and shall be bound to pay to such person wage not below the minimum which

Government may have fixed in this behalf. Any disputes which may arise in connection with the

implementation of this clause shall be decided by the Superintending Engineer-in-charge whose

decision shall be final and binding on the piece worker/contractor.

 The contractor shall provide reasonable facilities to the satisfaction of the Engineer-in-charge,

for the labour employed by him where no such natural facilities exist. The usual facilities are weather

proof shelter for rest and meal, supply of wholesome drinking water, facilities for obtaining food,

reasonable washing and sanitary facilities, special facilities, for women workers, suitable residential

accommodation, recreational and cultural activities, general sanitation and health measures etc.

 The implementation of any and all provisions of this clause shall in no way entitle the

contractor to claim compensation or rates higher than tendered in this contract.

 The contractor shall pay the wages as per Minimum Wages Act. The wages of every

contract labour employed by him under this contract shall be paid by him before the expiry

of 7th day of the last day of the month in respect of which the wages are payable (i.e.

Wages of a Month have to be paid by him in the first week of the next month). The

payment shall be disbursed in the presence of Management Representative during the

working hours in factory premises and the contractor shall get the entries certified in the

register of wages by the Representative of the Corporation. Any default will result in

cancellation of contract forthwith or else the contractor shall be punishable to the extent of

Rs.100/- fine per each day. The contractor is liable to compensate the expenses incurred by

the Corporation for non-compliance of laws from his end

 The Contractor shall give his telephone number and address to the Corporation so that in

case of labour troubles etc. the contractor can be contacted. The contractor shall arrange to have his

office outside the factory premises and the contractor has keep himself present throughout the

working hours. The Contractor shall intimate immediately to Engineer in charge of Corporation in case of

any labour troubles etc.

2.0 Labour Laws

a) Person below the age of 18 years and above 60 years should not be employed for the work.

b) No female worker shall be employed in the night shift between 7.00 P.M. to 6.00 A.M.

c) The contractor shall maintain a valid labour license under the contract labour (Regulation and Abolition)

Act for employing necessary man power to be required by contractor. In the absence of such license

the contract shall be liable to be terminated without assigning any reasons thereof.

d) The contractor shall at his own expense comply with all labour laws and keep the G.S.E.C.L. Indemnified

in respect thereof. Some of the major liabilities under various labour and industrial laws, which the

contractor shall have to comply, which are as under:

I) Payment of contribution by way of employee‟s contribution towards provident fund, family pension

scheme, deposit linked insurance scheme, administrative charge etc., at the rates made applicable from

time to time by Govt. of Gujarat /Govt. of India and other statutory authorities.

II) Payment of deposit in respect of each contract labour at the rate applicable of with the offices of

Commissioner of Labour as per the contract labour (Regulation and Abolition) Act.

III) License fee as prescribed under the contract labour (Regulation and Abolition) Act and rules framed

there under depending upon the number of workmen employed by contractor.

IV) Identity cards as prescribed under the factories Act shall be issued to workmen.

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VI) Payment of retrenchment compensation, Notice pay and other liabilities as per Industrial Disputes Act.

Any payment to the contractor's employees arising out of any claim or disputes under the Industrial

Dispute Act 1947 or any other labour laws

VI) Payment of compensation in case of accidental injury shall be made as per the WC Act.

VII) If the female workmen are more than 30 numbers engaged then provision of crèches, shall be

complied accordingly.

VIII) Maternity leave as per the provision of the maternity benefit Act.

The above are some of the major liabilities of the contractor in addition to other liabilities prescribed

under the various labour laws in force from time to time from statutory Authorities like State

Government / Government of India, which the contractor shall have to comply with.

2) PROVIDENT FUND AND FAMILY PENSION SCHEME

The contractor shall submit along with his bill (month wise) statement regarding deductions against

employees‟ provident fund and family pension scheme in respect of each concerned employee.

Provident fund and family pension scheme at the rate of 12 % of wages (or at the rates made applicable

by the Government time to time). The contractor‟s contribution and his workers contribution towards

provident fund and family pension scheme shall deposited by the contractor with Regional Provident

Fund Commissioner, Ahmedabad. In case if the contractor deposits the contribution to the Assistant

Provident Fund Commission, the xerox copy of challans and schedule must be submitted in the office.

For maintaining the CPF Account of contractor‟s employees the contractor will have to pay administrative

charges as applicable of the emoluments of the employer of the contractor's every month.

3) GROUP INSURANCE SCHEME

The contractor has to take Group Insurance for all workmen engaged by him and copy of the same shall

be produced to Concerned Officer.

4) PAID LEAVE FACILITY

Paid leave facility at the rate of one day for every 20 days worked by the contract, labour shall be

provided the contractor to his workers. It shall be duly verified and approved/certified by the authorized

officer of the GSECL.

5) The contractor shall employ adequate number of experienced staff at site for daily supervision and for

maintaining of various registers and records required under the law and contracts. No payment for such

supervision shall be admissible.

6) CONTRACTOR TO INDEMNIFY THE GSECL

The contractor shall indemnify and keep indemnified the GSECL, and every member, officer and

employees of the GSECL, also Engineer-in-charge and his staff against all actions, proceedings, claims,

demands, costs and expenses whatsoever arising out of or in connection with the matter referred in

above clauses and elsewhere and against all actions, claims demands, cost and expenses which may be

made against the GSECL by any workman/ employees of contractor or any sub contractor and or from

any liability any wise to any workman/employees of the contractor or sub-contractor under any laws,

rules or regulation having in force of law including but not limited to claims against the owner under

workmen compensation Act, 1923. The Employee‟s Provident Fund Act.1952, and/or the contract labour

(Abolition and Regulation) Act,

The GSECL shall not be liable for or in respect of or in consequence of any accident or injury to any

workmen or other person in the employment of the contractor or his sub-contractor, and the contractor

shall indemnify and keep indemnified the GSECL against all such damage and compensation and against

all claims, demands proceedings costs, charges and expenses whatsoever in respect of or in relation

07) WORKMEN'S COMPENSATION & EMPLOYER'S LIABILITY INSURANCE

Insurance shall be affected for all the contractor‟s employees engaged in the execution of these

contracts. If any of the work is sublet, the contractor shall required the sub-contractor to provide

workmen's compensation and Employer's liability insurance for the latter's employees unless such

employees are covered under the contractor‟s insurance. It shall be liability of contractor for

employees of his sub-contractor.

08) Any other rules and regulation, conditions, Circulars etc., that are in force at present and that may be

framed by the GSECL From time to time in connection with contracts will be binding and acceptable to

09) The contractor must possess separate P.F. code for the above subject work.

10) Attendance rolls shall be maintained up to date. All the written registers, Performa etc shall be filled up

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and maintained up to date and kept ready for inspection at any time or submitted in-time to the

concerned authorities as per contract labour etc. Factory Act etc By contractor

11) It is the responsibility of the contractor to ensure that contractor‟s employees maintain strict discipline

as regards security, methods of safe working etc, and not to cause any hindrance to smooth running of

power station or in execution of duties by GSECL staff. Any lapse in this regard will be viewed seriously

and contract is liable to be terminated. If any of contractor‟s staff is found unsuitable or not behaving

properly, the contractor shall have to remove him from the work-site on demand by GSECL. The

contractor shall have to strictly observe the rules and conditions specified in the enclosed works contract

booklet of the GSECL, which are not modified hereunder. To keep harmonious industrial relations

amongst contract labours is the sole responsibility of the contractor. Any breach of the same will be

viewed seriously.

12) Before starting the work, the contractor should contact Industrial Relation Officer/ Labour Welfare

Officer for all formalities and obtaining the gate passes of all contract labourers and for other formalities.

13) The contractor shall deposit 15 days salary at the rate of last drawn salary for every completed year of

services for each worker for the liabilities of the gratuity ( * applicable to ARC/BRC works contract only)

14) The contractor shall pay bonus as per applicability of act.

Follow the following procedure at each milestone for the execution of works contract.

(A) On Commencement of Contractual Work:

(1) The Contractors shall have to obtain Photo-Gate-Pass before the commencement of contractual

work awarded. Contractor shall have to apply for the gate passes in triplicate in a prescribed application

form which is to be available from Security Section for the entry of workmen in the premises.

(2) Such application shall have to be proceed for the approval of Factory Manager. After obtaining approval

of Competent Authority, contractor shall have to prepare the Gate Passes and obtain the signature of

Factory Manager.

(3) If Labours are required to be engaged in Emergency during Public Holiday , Contractors Can apply for

Temporary Gate-Pass for the period of only three days with recommendation of respective EE/SE and

the same shall have to be regularized after following the procedure of Gate Pass applications on the

office working day from HR Department. It is to note that No Temporary Gate-Pass shall be issued for

the work other than acute emergency to carry out the work in power station premises.

(4) The Contractor shall have to obtain the Group Insurance Policy under the Employee Compensation Act,

1923 prior to commencement of work.

(5) The Contractor who intend to engaged 50 or More than 50 labours to Carry out the awarded contractual

work then necessary - Form No. V under the Contract Labour (R& A) Act, 1970 / Form No. VI under the

Interstate Migrant worker (employment regulation) rule 1979 as applicable is to be obtained from HR

Department for the purpose of obtaining Labour License from the Licensing Authority.

(B) During Contractual Work under the progress:

(1) Bill Recording Officer of User department shall have to ensure as to whether contractor has engaged

minimum number of contract workmen per day as per the terms of work order.

(2) All Contractors shall have to make the payment of wages to the Contract Labours engaged by them,

on or before 7th of every month through Nearest Nationalized Bank compulsory, preferably situated in

the premises of Wanakbori TPS area in case of ARC /BRC works Contract. The Contractor shall supply

copy of Bank Statement duly stamped by the Concerned Bank as a token of proof towards payment of

Wages to HR Department Contractor has also required to get the wage register of respective month

certified from LWO / IRO as per the provision laid down under the Contract Labour (R&A) Act,

(3) All Contractors has to comply & maintain statutory documents / registers at site under the provision

of labour laws & EPF Act.

(C) Submission of Statutory documents to ensure the compliances:

1) The Contractor shall have to submit following statutory documents, work order wise, under the

labour laws and EPF to the recording officer of user department for ensuring the compliances of

provision of labour laws and EPF Act for the respective working period.

 Copy of Attendance register – with name & address of establishment, Name of work and site (duly

signed & stamp by Contractor ) - Form XVI

 Copy of Wage Payment Sheet – with signature of workmen, duly signed & stamped by Contractor -

 Copy of Bank Statement of Wage Payment (duly signed & Stamp by Concern Bank)

 Copy of PF Challan along with ECR Statement

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 Copy of Gate Pass Permission ( duly signed by Authorities ) -

 Copy of Work Order ( First Time )

 Copy of Valid W.C. Policy ( First Time)

 Copy of Valid Labour License ( If Applicable in case of More than 9 manpower Engaged by

Contractor for said work ) ( First Time)

 Form No. XIII – Register of workers employed by Contractor ( First Time)

Prescribed under the Contract Labour (R&A) Act, 1970 Contractor shall specify the Name of Work, Place

of Work and Work order number in Muster Roll- Form No. XVI & Wage Register – Form No XVII.

3.0 LIABILITY FOR ACCIDENTS TO PERSONS:

The contractor or sub-contractor shall indemnify the Corporation against any claims which may be

made under the workman's compensation Act, 1923, or any statutory modification or otherwise for

or in respect of any damages or compensation payable in consequence of any accident or injury

caused, by fault of contractor or sub-contractor and sustained by any workman or other person in the

employment of the contractor or sub-contractor. In every case in which by virtue of the provisions

of sub-section (1) of section 12 of the workman's Compensation Act, 1923, the Corporation is

obliged to pay compensation to a workman employed by the contractor or sub-contractor in execution

of the work, the Corporation will recover from the contractor the amount of compensation so paid, and

without prejudice to the rights if the Corporation under sub- section (2) of section 12 of the said Act

any such amount shall be paid by contractor within 30 days, failing which the Corporation shall be at

liberty to recover such amount of any part thereof by deducting it from any some due by the

Corporation to the contractor under this contract or otherwise. The board shall not be bound to

contract any claim made against either of them under section 12, sub- section (1) of its said Act,

except on written request from the contractor and upon his giving to the Corporation full security

for all costs for which the Corporation might become liable in consequence for entertaining such

 The contractor and/or sub-contractor named in the contract shall indemnify the

Corporation against all claims based upon injury or death to any person in the employ of the

contractor or sub-contractor, or to third parties under paragraph (a) 2 or condition No. 47 to

the extent of any sums recovered under the insurance policy.

 On the occurrence of an accident which results in the death of workman employed by

the contractor or sub-contractor, which is so serious as to be likely to result in the death of

any such workman, the contractor shall within 24 hours of happening of such accidents

intimate in writing to the Engineer-in-charge the fact or such accidents. The contractor or

sub-contractor shall indemnity Corporation against all loss or damage sustained, by the

Corporation resulting directly or indirectly from his failure to give intimation in the manner

aforesaid including penalties or fine if any, payable by board as a consequence of

Corporation’s failures, to give notice under workman's compensation Act or otherwise to

confirm to the provisions of the said Act in regard to such accident.

 The contractor will be responsible for complying with all rules and regulations and

labour land applicable to him and the board will not be responsible for any lapses committed

by them. If there is any claim from any Govt. Authority pertaining to the contractor the same

amount will be deducted from the contractor’s bill.

 The above are some of the major liabilities of the contractor in addition to other

liabilities prescribed under the various labour laws in force from time to time from Statutory

Authorities like State Government/ Government of India which the contractor shall have to

"The contractor shall procure, or arrange for the sub-contractor to procure insurance coverage in

amount approved by the Corporation and sufficient to protect against the following risks arising out of

the work. The contractor shall cover all his employees under Workmen‟s Compensation Act if ESI Act is

not applicable. The Contractor has to fulfill his liabilities i.e. contribution, filing of returns etc. if ESI Act

Accidents and professional and non-professional sickness of all laborers and personnel engaged in the

work as required by law pursuant to workmen compensation Act,

EW- 246 PUR-F-006 RFQ-73782

Injury or death to third parties including without limitation injury or death caused by any of the

construction aids or other vehicles or rented equipment used by the contractor or subcontractor,

whether at the site of elsewhere".

(a) All insurance referred to under a) of this condition shall be in effect from the date of

commencement of work and shall remain in force until the work has been completed and finally

accepted by the Corporation or such extended period as may be decided by the Corporation.

(b) In the policies covering the insurance referred to above, contractor and sub-contractor shall be

named as co-insured where possible.

(c) The cost of insurance shall be borne by the contractor.

(d) Insurance shall be affected for all the contractor‟s employees engaged in the performance of this

contract. If any of the work is subjected to the sub-contractor, the contractor shall require that he or his

sub- contractor to provide workmen‟s compensation and employer‟s liability insurance for the latter‟s

employees unless such employees recovered under the contractor‟s insurance.

5.0 Accommodations to labours

1. The contractors shall, at their own expense make all necessary provisions for Housing, water supply

and sanitary arrangements for their employees as well as for works and shall pay direct to the

authorities concerned, all rates and taxes.

2. The contractor shall construct the quarters for his staff on a good spot selected by him. The

contractor shall maintain at his own cost an efficient staff to clean sewage as may be suggested by

Engineer-in-charge.

3. Suitable fire preventive measures to the satisfaction of the Engineer-in-charge shall be taken by the

4. The contractor shall construct trench or semi-permanent latrines for the use of laborers. Such latrines

shall be on a scale of not less than 5 per 100 persons in the camp. Separate latrines shall be provided

for men and women. The huts for laborers shall be sufficient in nos. and shall confirm to the following

5. Huts of bamboo and grass may be constructed.

6. The camp shall not be established close to a large cutting or earthwork.

7. The lines of huts shall have open spaces at least 10 yards between two rows. Due attention shall be

given to drainage.

8. A floor space at a minimum rate of 30 sft. Per head shall be provided in the hutments.

9. The contractor shall construct at least one bathing place per 20 persons. The baths shall be properly

screened and separate bathing places for men and women shall be provided. Washing places shall be

provided at minimum one per 30 persons.

10. Sufficient arrangements for drainage of sewage water from bath, washing, etc. shall be made to

the satisfaction of the Engineer-in-charge.

11. Contractor shall maintain necessary staff for conservancy and cleanliness of the camp to the

satisfaction of Engineer-in-charge. At least one sweeper per 200 persons should be employed. The

Assistant Director of Public Health shall be consulted before opening a layout camp and his instructions

in respect of water supply, sanitary conveniences, camp site accommodation and food supply etc.

should be followed by the contractors. The contractor shall make arrangement for all anti malaria

measures or in case of epidemic shall take necessary measures as directed by the Assistant Director of

Public Health. Safety precaution as laid down by the safety manual published by C.W. and T.C. shall be

followed by the contractor; a copy of the manual will be available for reference at the Office, of the

Engineer-in-charge.

6.0 Paid Leave Facility:

Paid leave facility at the rate of one day for every twenty days worked by the contract labour shall be

provided by the contractor to his workers. He shall maintain leave records/leave cards for individual

laborers which shall be duly verified and approved/ certified by the authorized officer of the Corporation.

7.0 Gratuity / Bonus liabilities:

The contractor shall pay Gratuity and Bonus to its eligible employees under the Gratuity Act and Bonus

Act if it is applicable.

8.0 The Contractor shall employ adequate number of experienced staff at site for daily

supervision and for maintenance of various registers and records required under the law and

contract. No payment for supervision shall be admissible.

9.0 Contractor to indemnify the Corporation

The contractor shall indemnify and keep indemnified the Corporation and every officer and employees

EW- 246 PUR-F-006 RFQ-73782

of the Corporation and also Engineer-In-Charge and his staff against all actions, proceedings, claims,

demands, costs and expenses whatsoever arising out of or in connection with the matters referred in

above clauses and elsewhere and against all actions, claims, demands, costs and expenses which may

be made against the Corporation by any workman/employee of the contractor or any sub contractor

and/or from any liability may arise to any workman/employees of the contractor or any sub contractor

under any laws, rules or regulation having the force of law including but not limited to claims against the

owner under workmen compensation Act, 1923. The employee‟s Provident Act 1952, and/or the

contract Labour (Abolition and Regulation) Act 1979. The Corporation shall not be liable for or in

respect of or in consequence of any accident or injury to any workmen or other person in the

employment of the contractor or his sub-contractors, and the contractor shall indemnify and keep

indemnified the Corporation against all such damage and compensation and against all claims,

demands, proceedings costs, charges and expenses whatsoever in respect thereof or in relation thereto.

10.0 The Corporation reserves the right to terminate this rate contract at any time during its pendency

without giving notice of termination or any reasons thereof.

11.0 The Corporation will be entitled to deduct directly from the bills, to be paid to the Sub-contractor

and Laborers any sum or sums payable by you and which sum/sums the Corporation is required to pay

as a principal employer on account of your default in respect of all liabilities referred to in above clauses.

12.0 Nothing in the contract document stated shall any wise constitute any workmen/employees of the

contractor or any sub-contractor as or to be workmen/employee of the power, or place obligation or

liability in respect of any such workmen/employee upon the Corporation

13.0 Bidder should note that the prevailing Act at the time of execution of work over and above act

specified herein shall be binding to the Contractor.

14.0 Employment of Scarcity Labour:

If Government declares a state of scarcity or famine to exist in any village situated within 20 Kms of the

work, the piece worker/contractor shall employ upon such part of the work as are suitable for unskilled

labour; any person certified to him by the Executive Engineer or by any person to whom Executive

Engineer may have delegated this duty in writing to be in need of relief and shall be bound to pay such

person wage not below the minimum, which Government may have fixed in this behalf from time to

time. Any implementation of this clause shall be decided by the Superintending Engineer/Engineer-in-

charge whose decision shall be final and binding on the piece worker/contractor.

15.0 DEPOSIT LINKED INSURANCE SCHEME:

The contractor shall have to deposit 0.50% (half percent) or the rate applicable from time to time of the

wages in respect of employees who are members of the PF, as the contribution to the Deposit Linked

Insurance Scheme, with the Regional Provident Fund Commissioner.

16.0 MINIMUM WAGES ACT:

The contractor shall pay prevailing minimum wages as applicable from time to time to the laborers

engaged by him as per the Minimum Wages Act payment in Bank / presence of the GSECL‟s officer or

representative.

17.0 ADMINISTRATIVE CHARGES: Administrative charges for maintaining Provident Fund account

shall be deposited by the contractor with the Regional Provident Fund Commissioner, Ahmedabad, at

the rates applicable.

18.0 E.S.I. ACT: The contractors shall comply with the provisions of E.S.I. Act wherever applicable as

per the prevailing provisions of the Act and as amended from time to time.

19.0 LABOUR LICENSE FOR LABOUR CONTRACT: The Contractor / Agency shall have to obtain the

copy of Labour Contract License under contract Labour (Regulation & Abolition) Act from the

appropriate authorities before commencement of work.

20.0 WORKMEN’S COMPENSATION FUND AND EMPLOYER’S LIABILITY INSURACE:

Insurance shall be affected for all the contract employees engaged in the performance of this

contract. If any of the work is sublet after due permission in writing from the GSECL, the contractor shall

require the sub – contractor to provide workmen‟s compensation and employer‟s liability insurance for

the later employees, unless such employees are covered under the contractor‟s insurance. It shall be the

liability of contractor for employees of his sub – contractor. The contractor must insure that all the

laborers may cover before starting the works.

21.0 SUBMISSION OF RETURNS & MAINTENANCE OF RECORDS:

The contractor shall submit the returns under the Contract Labour Act, payment of Bonus Act,

Payment of Gratuity Act etc. and shall have to maintain all up to date records / registers in respect his

EW- 246 PUR-F-006 RFQ-73782

employee as prescribed under various Labour Laws and produce the same as and when demanded by

GSECL‟s or Govt. appropriate authorities.

22.0 Contractor / Agency shall have to issue the contractual appointment letter for a specific period to

their Labour engaged during the contract period each and every instance & should narrated clear out

terms & conditions for the liabilities of the concerned employees.

23.0 As a contractor, the contractor shall be responsible and liable to pay difference in wages, if any,

and / or observe the revised service conditions that may be awarded by the Honorable Industrial

Tribunal effective from the date directed in the award.

24.0 The contractor must be maintaining regular Labour record and should be paying all acquired

benefits to Labour force and contractor should obtain certificates to this effect from HR Officer of

25.0 The contractor will make arrangements at his own cost to insure all men, materials and equipment

employed for this work. The GSECL will to be responsible for any loss or damage either to the

contractor‟s personnel or his equipment.

26.0 Dispute, if any, taking place between the contractor and laborers must be intimated to LWO/DGM,

Gandhinagar TPS, immediately.

27.0 Any casualty will also have to be borne by the contractor for the period the contract continues.

28.0 For ARC/BRC contract, The Contractor shall deposit 15 days salary at the rate of last drawn salary

for every completed one year of services for each worker for the liabilities of Gratuity.

29.0 The Contractor / Agency shall have to produce / submit the copy of Wage Register, Muster Roll,

PF Deposition Challan, PF Schedule, Copy of Bank Statement duly stamped by the concern Bank and

relevant records under various Labour Laws for the contract work to HR Department to ensure

compliance to provisions of various legislations.

30.0 Attendance of contract labourers will be through punching machines for which punching machines

shall installed to facilitate the contractors by GSECL for which monthly charges of Rs. 10/- will be levied

on contractor as administrative charges.

49. MATTERS RELATED TO EXECUTION OF WORK:

a) Work shall commence from the date given in letter to commence the work by EIC at site.

The Contractor shall make all necessary arrangements at site to mobilize labour, operators, divers and

materials and maintain necessary number of machinery and equipment, barge, pontoons etc., to

guarantee the agreed rate of progress of work as per schedule.

b) A detailed work schedule showing how he proposes to carry out the work, specifically

mentioning time periods as well as date of commencement and completion of each activity and such

approved schedules must be strictly adhered to by the CONTRACTOR. After the owner has agreed with

the schedule, the Contractor shall prepare detailed program of each work front/activity breaking it down

giving daily quantifiable/measure of progress. The schedules are to be reviewed periodically with the

OWNER / ENGINEER to ensure that the completion date will be met or to institute corrective steps (at

no extra cost to the ENGINEER) to adhere to the completion dates. The OWNER reserves the right to

revise the schedule at his discretion in order to keep up to the completion date and to suit the project

requirement and such alterations shall not entitle the CONTRACTOR to any extra payment.

c) A work schedule with PERT / Bar Chart for carrying out the work in prescribed time limit

mentioning date of commencement, activity to be carried with its time period, starting & finishing event

for each activity, completion of total project in critical path etc, shall be jointly fixed and approved by

the GSECL. Such approved schedules must be strictly adhered by the Contractor.

d) After the GSECL has agreed with the schedule, the Contractor shall prepare detailed program of each

work front / activity breaking it down to daily quantifiable measure of progress. The schedules are to be

reviewed periodically with the Owner / E.I.C to ensure that the completion date will be met or to institute

corrective steps (at no extra cost to the GSECL) to adhere to the completion dates. The Owner reserves the

right to revise the schedule at his discretion in order to keep up to the completion date and to suit the

project requirement and such alterations shall not entitle the Contractor to any extra payment.

e) The GSECL reserves the right to delete any item of schedule-B for which contractor shall not have any

right to claim on this account.

f) One permanent reference bench mark and a reference base line shall be given for lay out of work,

which shall be maintained without disturbance by the CONTRACTOR during the tenure of the contract.

CONTRACTOR shall establish local bench marks as directed by the ENGINEER IN CHARGE.

g) The contract or any part thereof shall not be subject to change without the written permission of the

Chief Engineer (Gen.) GSECL, GANDHINAGAR TPS or his authorized representatives.

h) During the execution of the work if it is found that the work is not progressing as per the scheduled

program approved by the GSECL & planned by the contractor, due to the reasons attributable to the

contractor, suitable action shall be taken as per Clauses in this tender elsewhere & other relevant clauses

EW- 246 PUR-F-006 RFQ-73782

appearing in the section of “Terms & condition of tender & works contract, Legal conditions of works

contract” of tender document. And the GSECL may also take such action as it may deem fit to ensure that

the work is completed in time at Risk and Cost of the contractor.

i) Contractor shall attend meetings at EIC's office at site or any other place as fixed by the EIC, as and

when required for review, discussion, coordination etc. Attending these meetings shall be obligatory on the

part of the Contractor, at no cost to the GSECL.

j) The Contractor shall take all requisite & necessary care to observe that no damage is caused to the

existing, pumps, existing works, service road, or any other structure etc. For any damage to the existing

structures of the GSECL, the Contractor shall be held responsible and he will have to rectify the damage

immediately up to the satisfaction of Engineer in Charge, at his own cost.

k) The work shall be completed within the period stipulated in the contract. & site clearance arranged

according to the progress of work at site. Therefore, the contractor has to organize & coordinate the work

to suit these circumstantial conditions. In the event of any delay due to the above or due to any other

reason not attributable to the contractor, reasonable extension in completing the work may be given at the

discretion and as decided by the GSECL but no compensation or idle charges will be payable to the

contractor on this account or any site conditions under any circumstances.

l) No idle charges shall be entertained by GSECL for any site condition or any circumstances. The

corporation will not pay any type of advances including mobilization advance.

50. RECOVERIES:

a) In case of any damage to equipment / machinery or structure / building of GSECL or any public

property due to negligence of contractor or any other reasons attributed to contractor, the decision of

E.I.C. regarding the amount of recovery shall be final.

b) If the contractor fails to execute the work as per direction of E.I.C. within the time frame given, the

GSECL shall get the work done through any other contractor at the risk and cost of the contractor and the

cost of execution of such work along with 15% overhead charges shall be deducted from contractor‟s

monthly bill over and above recovery as per rules.

c) Recoveries due from the contractor, up to the end of the month previous to the one in which the bill

is prepared shall be made from bills approved for payment every month or at other periods when the bills

are prepared, for the various items in the following order of priorities and extents.

d) Deduction on account of security deposit in full together with shortage, if any, to be made good.

e) Penalty in full, if levied.

f) Expenditure, if any, incurred by the Corporation on Contractor‟s behalf in labour or materials in full.

g) Charges for services such as water and power supply etc. in full.

h) Charge on account of supply of materials like cement and steel in case of shortages found in balance or

excess consumption than specified.

i) Hire charges for Corporation or Government machinery if any.

j) Recoveries of advance and secured payment or payments for preliminary work in full or the installment

due if and as the same as may have been allowed.

k) Rent recovery on account of allotting quarters on rent as per Corporation‟s rules.

l) Income tax and sales tax in full as per Government rules.

m) Outstanding recoveries in respect of other contracts awarded by the Corporation if any.

n) Other recoveries. (If any)

51. WORK TO BE EXECUTED TO THE SATISFACTION OF THE ENGINEER -IN-CHARGE:

The contractor shall proceed with the work with diligence and expedition and the whole of the

work herein specified as well as the mode of execution shall be under the supervision and

direction and shall be carried on to the entire satisfaction of the Engineer-in-charge, who shall have

full power to order the contractor to alter, enlarge or diminish the form, dimensions, positions, or

quantities of any of the work or to make use of material and workman-ship of different

descriptions and qualities from this herein specified.

The whole of the works, together with any temporary works, associated therewith, shall be carried

on in the most substantial proper and mannered workman like manner, with the best materials and

workmanship and to the entire satisfaction of the Engineer-in-charge and in such order of time as

he may direct. The contractor shall attend to and execute without delay all orders and instruction

which may from time to time be issued by the Engineer-in-charge.

52. MATERIALS WORKMANSHIP etc.:

The work shall be executed in thoroughly substantial manner with material and workmanship of best

quality and strictly in accordance with the specifications and with the drawings, or with such other

drawings or written instruction as may from time to time be furnished to the contractor, in

accordance with terms of this contract and shall be completed in every respect with all materials

and workmanship implied and necessary according to the fair interpretation and meaning of the same

and should there be any discrepancy between the drawings and specifications or any difference or

disputes as to the dimensions to be worked to or the quality of the materials to be used, or the mode

EW- 246 PUR-F-006 RFQ-73782

of doing periodical quantity of the work to be executed or with respect to any subject arising out of

this contract, the decision of the Engineer-in-charge shall be final and binding on all parties. Rejected

material shall be so disposed off as to obviate any possibility of their use on works. The place,

method and period of disposal shall be as directed by the Engineer-in-charge.

53. SAMPLES OF DESCRIPTIVE DATE:

Samples of descriptive date, requiring approval, shall be submitted by contractor to the Engineer-in-

charge in good time before the use of such material for inspection and permission of testing if

required. The samples shall be properly marked to show the name of the material,

manufacture, place of origin, and place where to be used etc. Failure of any sample to pass

specified tests will be sufficient cause for the refusal to consider any further sample from the same

54. FENCING AND LIGHTING AND VENTILATION

Except as herein after provided, the contractor shall unless otherwise specified, be responsible for

the proper fencing, guarding, lighting and taking of the necessary safety measures for all works

comprised in the contract and or the proper provision of temporary roadway, footways, guards

fences, caution notices etc. as far as the same may be rendered necessary by reasons for the work

for the accommodation and protection of workman foot passenger or other traffic and of the

owners and occupiers of adjacent property and of the public and shall remain responsible for

any accidents that may occur on account of his failure to take proper and timely precautions.

All the arrangements made for fencing, lighting and ventilation shall be maintained by the

contractor throughout the tendency of the contract till physical taking over of the work by the

55. LIABILITY FOR DAMAGE TO WORKS OR PLANTS

The contractor shall during, the progress of the work, properly cover up and protect the work,

and plant, and materials placed at his disposal or acquired for him by the Corporation, from

injury by exposure to the weather, or any cause what so ever and shall take every reasonable proper

timely and useful precaution against accident or injury to the same from any cause and shall be and

remain answerable and liable for all accidents, or injuries thereto which until the same be or be

deemed to be, taken over by the Corporation, may arise or be occasioned by the acts or omissions of

the contractor or his workmen of sub-contractors, and all losses and damages to the works or

such plant or material arising from such accidents or injuries as aforesaid shall be made good in the

most complete and substantial manner by and at the sole cost of the contractor and to the reasonable

satisfaction of the Engineer-in-charge. If the contractor fails to make good such losses & damages

within the time given by the Engineer-in-charge, the Corporation shall be at liberty to recover the

amount fixed by the Engineer-in-charge for such losses or damages or any part thereof by deducting it

from any sum due by the Corporation to the contractor under this contract or otherwise.

 Further the contractor shall, at all time, protect and preserve all materials, plant and equipment

that he may himself have procured for the execution of the work. All reasonable requests of the

Engineer-in-charge to enclose or especially protect any of the above shall be expeditiously compiled

 If the Engineer-in-charge considers that the work or materials or plant is not sufficiently

protected by the contractor, he shall be entitled to arrange for such protection at his unfettered

discretion and recover the cost thereof from the contractor.

 Until the work shall be or be deemed to be taken, over as aforesaid, the contractor shall also

be liable for and shall be deemed to have indemnified the Corporation in respect of all damage or

injury to any person or any property of the Corporation or of others, occasioned by the negligence of

the contractor or his workmen, or his sub-contractor, or by defective design, work or materials.

56. EXPLOSIVE PROCUREMENT AND STORAGE (IF APPLICABLE)

i) Explosives, petrol, oils, fuels and other inflammable materials shall be stored strictly in accordance

with the rule of the Explosive Department.

ii) The contractor shall at his own expense construct and maintain, proper magazines which are required for

the storage of explosive and arrange for proper storage facilities for oils, fuels etc. for use in connection

iii) The contractor shall at his own expense obtain such license or licenses as may be necessary for strong

and using explosives, oils, fuels etc. The department shall not take any responsibility whatsoever in

connection with the storage or use of explosives on the site, or any accident or occurrence whatsoever

in connection therewith. All operation of the contractor in which or for which Explosives are employed

shall be at risk of contractor and upon his own responsibility.

EW- 246 PUR-F-006 RFQ-73782

57. MATERIALS TOOLS AND PLANT BROUGHT ON THE SITE OF WORK

All materials, tools and tackle of the contractor brought to and delivered upon the site for the

purpose of the work shall from the time of their being so brought shall be deemed to be the

property of the Corporation in its possession to be used for the purpose of the work and for that

purpose only and shall not on any account be removed or taken away by the contractor or any

other person without the written permission of the Engineer-in-charge but the contractor shall

nevertheless be solely liable and responsible for and loss destruction thereof or damage thereto.

The Corporation shall have a lien on such materials, tools and tackle for any sum of sums which may

at any time prior to the completion of the works be due or owing to the Corporation by the

contractor, under in respect of and dispose of any such materials, tools and tackle in such manner as

the Corporation may think fit and to apply the proceeding in or towards the satisfaction of such sum

or sums so due or owing as aforesaid but subject to such lien and power of sale and disposal such

surplus materials, tools and tackle shall belong to the contractor and may be removed and disposed

off by him as he may think fit.

58. ACCESS TO SITE AND WORK ON SITE

The Engineer-in-charge or his authorized representative may if he consider fit from time to time enter

upon any lands which may be in the possession of the contractor under this contract, for the

purpose of executing any work not included in this contract and may execute such work not

included in this contract by agents, or by other contractors at his option and the contractor shall in

accordance with the requirements of the Engineer-in-charge, afford all reasonable facilities for

execution of the works including occupation of lands by structure or otherwise for any other

contractor employed by the Corporation and his workmen or for the workmen of the Corporation

who may be employed in the execution on or near the site of the work not included in the