Development of car carrier facility at cargo berth no.01 at Kandla

SECTION 7 : Bill of Quantities

SECTION 8 : Forms of Securities and other Formats

SECTION 9 : GUIDELINES ON BANNING OF BUSINESS DEALINGS

DEENDAYAL PORT AUTHORITY

COMPETITIVE BIDDING

AGREEMENT NO: - _________

BID No.Hd-13/26

Name of work: “Development of car carrier facility at cargo berth no.01 at Kandla.”

PERIOD OF DOWNLOADING OF BID DOCUMENTS

TO : D A T E 20/07/2026 TIme 16:00 HRS.

Pre Bid Meeting : Date 25/06/2026 Time 16:00 Hrs.

Place of Pre bid meeting : Chamber of Chief Engineer, DPA

A.O. Building, Gandhidham

LAST DATE AND TIME FOR RECEIPT OF BIDS : D a t e 20/07/2026 Time 16:00 HRS

TIME AND DATE OF OPENING OF BIDS : TIME 20/07/2026 upto 16:05 HRS.

PLACE OF OPENING OF BIDS : HARBOUR DIVISION Deendayal

Port Authority Nirman Bhavan,

1st FloorNew Kandla – 370

Kutch District Gujarat State INDIA

OFFICER INVITING BIDS : EXECUTIVE ENGINEER (H)

DEENDAYAL PORT AUTHORITY

DEENDAYAL PORT AUTHORITY

NOTICE INVITING TENDER

Tender No. HD-13/26

NAME OF WORK: Development of car carrier facility at Cargo Berth No.01 at Kandla

E/Online Tenders are invited by Executive Engineer (H) for the above work as per the details

given in the table below.

Last Date and Date

Work Description Tender Fee (In Rs.) Estimated cost time of online and

(In Rs.) EMD (In Rs.) Submission time of

documents openin

Development of 5900/- Rs. Rs.

car carrier facility (INCLUDING GST 73,01,54,711.00/- 1,46,03,094.00/- 20/07/2026

at Cargo Berth @ 18 %) to be paid (Excluding GST) in the form of Up to 16:00 20/07/

No.01 at Kandla in digital mode of Digital Mode/ hours on

payment. Details Insurance Surety @16:05

are mentioned Bond / Bank Hrs.

below: - Guarantee issued

Account No. : in favor of “Board

VDDPTNFCEHAR of Deendayal Port

B26 Authority” by any

IFSC Code : nationalized/sche

IBKL0000412 duled bank except

IDBI Bank, co-operative bank

Gandhidham having its branch

Branch at Gandhidham as

UPI ID- per format in the

VAS. tender documents.

VDDPTNFCEHAR Account No. :

BR26@idbi VDDPEMDCEHA

Detailed tender notice along with complete tender documents can be downloaded from website

https://tender.nprocure.com from @ 16:00 Hrs. Tender Notice is also available on

www.deendayalport.gov.in. Technical Bid will be opened on 20/07/2026 @ 16:05 Hrs. Date of

opening of price bid shall be notified after scrutiny & evaluation of Technical Bid. For further

details and general enquiries prospective bidders may contact - EXECUTVE ENGINEER (H),

(Email:[email protected]), Room no 101, 1ST Floor, NIRMAN Building, KANDLA, Kutch

District, Gujarat State, INDIA, Mob: +91 9638144900 during working hours before the last date

and time of downloading of tender documents.

EXECUTIVE ENGINEER (H)

DEENDAYAL PORT AUTHORITY

DEENDAYAL PORT AUTHORITY,

NOTICE INVITING ONLINE TENDER

Details about E/Online tender:

Department Name Civil Engineering Department

Circle/ Division HARBOUR DIVISION

Tender Notice No. 13/26

Name of Work Development of car carrier facility at cargo berth no.01 at Kandla

Estimated Contract Value Rs. 73,01,54,711.00/- (Excluding GST)

Period of Completion (in 18 Months including Monsoon

Bidding Type Open

Bid Call (Nos.) One

Tender Currency Type Single

Tender Currency Settings Indian Rupee (INR)

Minimum Pre-Qualifying 1. Average annual financial turnover during the last three years, ending

/ Eligibility Criteria: 31st March of the previous year, should be at least Rs. 21.90 Crores.

Average annual Turnover based on CA certificate duly stamp,

signed with UDIN/Membership number is to be submitted failing

which bid will be stand non- responsive.

2. Experience of having successfully completed or substantially

completed similar work during last 7 years, ending last day of month

previous to the one in which applications are invited should be either

of the following:

Three similar completed works, each work costing not less than Rs.

29.21 Crores (excluding GST).

Two similar completed works, each work costing not less than Rs.

36.51 Crores (excluding GST).

One similar completed work, costing not less than

Rs. 58.41 Crores (excluding GST).

“Similar Works” means Construction of RoRo/RoPax terminals including

fabrication and installation of steel pontoon and steel linkspan including

Third Party Certification from IRS/ABS/DNV.

The Subcontract experience shall be considered for pre-qualification only if

same is carried out in Govt./Semi Govt./Public Limited companies subject to

submission of subcontract permission issued by the respective authorities

prior to the execution of the work. It is mandatory to upload sub-contract

permission letters prior to execution of work online while submitting the bid.

Further, if subcontract permission is not authenticated, the respective party

shall be considered as non-responsive. The decision taken by DPA shall be

It is mandatory to upload the sub-contract permission letter obtained from

the respective authorities. Also, the completion Certificate / Form 3A

authenticated by concern respective authority shall be uploaded along-with

TDS certificate deducted from that particular work issued by the competent

authority shall be submitted along-with bid submission.

If the Bidder has completed works in a private organization as stipulated in

the Minimum Qualification Criteria (work experience), the following

documents must be enclosed with the BID for consideration:

 TDS Certificates: The Bidder must provide TDS certificates issued by the

competent authority with respect to the work experience submitted.

 CA Certificate: The Bidder must submit certificate issued by Chartered

Accountant (CA) stating that the amount shown in the TDS certificate has

been received with respect to the work experience submitted by the

Bidder. This document must be certified by the CA with stamp, signature

and UDIN number, failing which the bid will stand non- responsive.

3. Joint Venture

I. In case of JV, to qualify experience in similar works, merging of work

order value executed by two or more of its members of JV either as

a whole or as member of JV shall not be permitted to qualify eligible

works in terms of similar completed works. Only No. of work orders

of completed works by member of JV shall be merged to evaluate

the experience.

II. Lead partner should have executed at least one similar work costing

Rs. 29.21 Crores (40% of estimated cost) (excl. GST) as per

Minimum Eligibility Criteria.

III. The works reckoned for the above purpose are those executed by

the tenderer as prime contractor or proportionately as member of

joint venture or as a sub-contractor, authorized and approved by

the Employer of the work(s) against which the tenderer has claimed

his experience.

IV. In case of Bid submitted by JV/Consortium, the lead partner of the

JV shall meet the minimum Eligibility criteria of Financial Turnover.

V. Bid Security required shall be furnished by lead member of JV.

VI. In case of a JV, the BG towards performance security shall

be provided by all partners in proportion to their

participation in the project.

4. Bidders who meet the minimum qualification criteria will be

qualified only if their available bid capacity is more than the total

bid value. The available bid capacity will be calculated as under:

Available bid capacity = A x M x N - B,

where A = Maximum value of engineering (Civil/ Electrical/

Mechanical as relevant to work being procured) works executed in any

one year during the last five years (updated at the current price level),

taking into account the completed as well as works in progress.

M =Multiplier Factor (usually 1.5)

N = Number of years prescribed for completion of the work in question.

B = Value (updated at the current price level) of the existing

commitments and ongoing works to be completed in the next 'N' years.

The Bidder shall furnish statements showing the value of existing

commitments and ongoing works as well as the stipulated period of

completion remaining for each of the works preferably countersigned

by the Nodal Office or his nominee-in- charge.

5. Integrity Pact Agreement (Annexure I)

I. The potential bidders shall download and print the IP Agreement

signed by the Employer and their witness and affix his/her

signature on the IP Agreement in the presence of a witness from

his/her side, who shall also affix his/her signature thereof. Having

completed the signing procedure, the potential Bidder shall upload

the duly filled and signed IP Agreement on n-procure portal.

II. The procedure mentioned above regarding signing of Integrity Pact

Agreement by both the parties (Employer and Potential bidders)

shall be completed online. However, in case of any technical glitch

due to which if any potential bidder is unable to upload the IP

Agreement, then he/ she shall submit the Hard Copy of the dully

filled, signed IP Agreement, to the Department concerned of DPA

within a period of seven days and prior to opening of the Technical

Bid, failing which Bid of potential Bidder shall be treated as

III. In case of Partnership firm, IP agreement needs to be signed by all

the partners of partnership firm/authorized partner of the

Partnership firm. Copy of partnership deed & authorization letter

may be submitted. In case of Private Limited Company, IP

agreement needs to be supported with copies of ‘Power of Attorney

and Board resolution’ shall be submitted at technical bid stage. If the

Bidder is a Joint Venture or a consortium, Integrity pact agreement

must be signed by all joint venture members or consortium

IV. In case of JV firm, IP agreement is to be filled and submitted in the

name of the JV firm only otherwise the bid will not be considered for

further evaluation.

Joint Venture APPLICABLE

Rebate Applicable (Unconditional rebate submitted online before due date of

submission of bid)

Bid Document Fee : Rs. 5900/- (Including 18% GST) Digital mode of Payment at Account No. :

VDDPTNFCEHARB26 IFSC Code : IBKL0000412 IDBI Bank,

Gandhidham Branch UPI ID-VAS. VDDPTNFCEHARBR26@idbi

Bid Security/ EMD (INR): Rs. 1,46,03,094.00/- in the form of Digital mode/ Insurance Surety Bond /

Bank Guarantee issued in favor of “Board of Deendayal Port Authority” by any

Nationalized/scheduled (except co- operative) bank having branch at

Gandhidham as per format provided in the tender documents.

Account No. : VDDPEMDCEHARBR26 IFSC Code : IBKL0000412 IDBI

Bank, Gandhidham Branch UPI ID – VAS.VDDPEMDCEHARBR26@idbi.

Bid Document __________________ @ 16.00 hours

Downloading Start Date

Bid Document 20/07/2026 @ 16.00 hours

Downloading End Date

Date & Place of Pre Bid 25/06/2026 @ 16.00 hours (Office of the Chief Engineer, DPA, Room No.___,

Meeting AO Building, Gandhi ham Kutch.

Last Date & Time for 20/07/2026_ @16.00 hours

Receipt of Online Bids

Bid Validity Period 120 Days

Condition 1. Tender Fees by digital mode of payment in Account No. :

VDDPTNFCEHARB26 IFSC Code : IBKL0000412 IDBI Bank,

Gandhidham Branch UPI ID-VAS. VDDPTNFCEHARBR26@idbi

The proof for transfer of funds to be submitted in technical bid stage.

2. The bid shall be accompanied by Payment through Digital

mode/Insurance Surety Bond/ Bank Guarantee, issued in favor of “Board

of Deendayal Port Authority” by any Nationalized/scheduled (except co-

operative) bank having branch at Gandhidham as per format provided in

the tender documents towards Bid Security (EMD).

Account No. : VDDPEMDCEHARBR26 IFSC Code : IBKL0000412

IDBI Bank, Gandhidham Branch UPI ID –

VAS.VDDPEMDCEHARBR26@idbi.

3. The bid/Tender not accompanied with Tender fee, EMD and integrity pact

agreement in technical Bid shall not be considered responsive and price

bid will not be opened.

4. The bid/tender shall also be accompanied by Integrity Pact Agreement

I. The potential bidders shall download and print the IP Agreement

signed by the Employer and their witness and affix his/her

signature on the IP Agreement in the presence of a witness from

his/her side, who shall also affix his/her signature thereof. Having

completed the signing procedure, the potential Bidder shall upload

the duly filled and signed IP Agreement on n-procure portal.

II. The procedure mentioned above regarding signing of Integrity Pact

Agreement by both the parties (Employer and Potential bidders)

shall be completed online. However, in case of any technical glitch

due to which if any potential bidder is unable to upload the IP

Agreement, then he/ she shall submit the Hard Copy of the dully

filled, signed IP Agreement, to the Department concerned of DPA

within a period of seven days and prior to opening of the Technical

Bid, failing which Bid of potential Bidder shall be treated as

III. In case of Partnership firm, IP agreement needs to be signed by all

the partners of partnership firm/authorized partner of the

Partnership firm. Copy of partnership deed & authorization letter

may be submitted. In case of Private Limited Company, IP

agreement needs to be supported with copies of ‘Power of Attorney

and Board resolution’ shall be submitted at technical bid stage. If the

Bidder is a Joint Venture or a consortium, Integrity pact agreement

must be signed by all joint venture members or consortium

IV. In case of JV firm, IP agreement is to be filled and submitted in the

name of the JV firm only otherwise the bid will not be considered for

further evaluation.

5. In case of Micro and Small Enterprise (MSEs) holding valid certificate

issued by any agencies/organization under,

Level Description

Section – F Construction

Division – 42 Civil Engineering

Group - 429 Construction of other civil

engineering projects

Class - 4290 Construction of other civil

engineering projects

Subclass - Other civil engineering projects

The Ministry of Micro, Small and Medium Enterprises indicating the list of

activity related to the subject tender as per National Industrial Classification-

2008 mentioned in the table below only shall become eligible for exemption

from payment of Tender fee & EMD. Such bidder shall upload the scanned

copy of valid certificate in technical bid. Such bidder shall upload in technical

proposal a scanned copy of valid certificate, as well as duly filled in and signed

‘Bid Securing Declaration’ as per format provided in the tender document

(Annexure II), failing which the bid shall be disqualified.

Note: The bidders who are submitting bids with exemption for Tender

Fees and EMD under MSME, if the bidder’s Major Activity is

Trader/Distributor/Sole Agent will not be liable for exemption as per

Circular F. No.1(3)/2018-M A, Part-III, dated-25.03.2022 under Q&A

Remarks Submission of E.M.D., Integrity Pact, Tender Fee and other Documents during

office hours : up to 27/07/2026 by R.P.A.D /Speed post or in person in the

chamber EXECUTVE ENGINEER (H), (Email:[email protected]), Room

no 101, 1St Floor, NIRMAN Building, KANDLA, Kutch District, Gujarat

(i) For the purpose of realization, bidder shall send all the documents in

original along with hard copy of tender (sealed & signed of authorized

person), and other PQ documents through R.P.A.D/Speed post or in

person in the chamber of Superintendent Engineer [Civil] within 7 days

from the date of opening.

(ii) "Substantially completed works" means an ongoing work in which

payment equal to or more than 90% of the present contract value has

been made to the contractor in that ongoing contract, and the work or a

major part of it is in a usable condition for its intended purpose. No

proceedings for termination on account of the contractor’s default

should be pending in such cases. The Engineer – in – Charge or the

Employer shall issue a certificate of substantial completion containing

Part – I shall contain both financial of the work executed and

certified for payment as a percentage of total current contract value,

Part – II shall contain ‘certificate of functional completion of the

work or a major part of it’. To remain valid for prequalification or

tender evaluation, such certificates should have been issued on or

before the last day of month previous to the one in which

applications are invited.

Bid Opening Date Technical Bid will be opened on 20.07.2026 @ 16:05 Hrs. Date of opening of

Price Bid shall be notified after scrutiny & evaluation of Technical Bid to

qualified bidders.

Documents required to be Documents in support of fulfilling qualifying criteria as indicated above.

submitted by scanning a. Tender fee to be paid through digital mode of Payment through Digital

through online Mode in Account No. : VDDPTNFCEHARB26 IFSC Code :

IBKL0000412 IDBI Bank, Gandhidham Branch UPI ID-VAS.

VDDPTNFCEHARBR26@idbi

b. EMD to be paid through Digital mode/Insurance Surety Bond/

Bank Guarantee issued in favor of “Board of Deendayal Port

Authority” by any Nationalized/scheduled (except co-operative)

bank having branch at Gandhidham as per format provided in the

tender documents.

Account No. : VDDPEMDCEHARBR26 IFSC Code :

IBKL0000412 IDBI Bank, Gandhidham Branch UPI ID –

VAS.VDDPEMDCEHARBR26@idbi.

c. Average annual turnover on CA certificate duly stamp signed by UDIN

number is to be submitted failing which bid will be stand non-

d. As indicated in clause 1.4 of section 1 – Instructions to bidders.

e. Integrity Pact agreement (Annexure –I)

I. The potential bidders shall download and print the IP

Agreement signed by the Employer and their witness and affix

his/her signature on the IP Agreement in the presence of a

witness from his/her side, who shall also affix his/her signature

thereof. Having completed the signing procedure, the potential

Bidder shall upload the duly filled and signed IP Agreement on

n-procure portal.

II. The procedure mentioned above regarding signing of Integrity

Pact Agreement by both the parties (Employer and Potential

bidders) shall be completed online. However, in case of any

technical glitch due to which if any potential bidder is unable to

upload the IP Agreement, then he/ she shall submit the Hard

Copy of the dully filled, signed IP Agreement, to the Department

concerned of DPA within a period of seven days and prior to

opening of the Technical Bid, failing which Bid of potential

Bidder shall be treated as disqualified.

III. In case of Partnership firm, IP agreement needs to be signed by all

the partners of partnership firm/authorized partner of the

Partnership firm. Copy of partnership deed & authorization letter

may be submitted. In case of Private Limited Company, IP

agreement needs to be supported with copies of ‘Power of Attorney

and Board resolution’ shall be submitted at technical bid stage. If

the Bidder is a Joint Venture or a consortium, Integrity pact

agreement must be signed by all joint venture members or

consortium members.

IV. In case of JV firm, IP agreement is to be filled and submitted in the

name of the JV firm only otherwise the bid will not be considered

for further evaluation.

Officer- Inviting Bids: Executive Engineer (H), HARBOUR DIVISION, Deendayal Port

Authority, Nirman Bhavan, Room No. 101, 1st Floor, New Kandla –

370 210 Kutch District, Gujarat State, INDIA

Bid Opening Authority: EXECUTIVE ENGINEER(H) DEENDAYAL PORT AUTHORITY

Address: Executive Engineer (H), HARBOUR DIVISION, Deendayal Port

Authority, Nirman Bhavan, Room No. 101, 1st Floor, New Kandla –

370 210 Kutch District, Gujarat State, INDIA

Contact Details: Mobile –

In case bidders need any clarifications or if training is required to participate in online

tenders, they can contact (n)Procure Support team at following address:

(n) code Solutions – A division of GNFC Ltd., (n)Procure Cell,

403, GNFC Info tower, S.G. Road,

Bodak dev, Ahmedabad – 380054 (Gujarat). Contact Details:

Reliance: +91-79-30181689

E-mail : [email protected]

EXECUTIVE ENGINEER (H)

DEENDAYAL PORT AUTHORITY

INFORMATION AND INSTRUCTIONS FOR CONTRACTORS FOR E-TENDERING FORMING

PART OF NIT AND TO BE POSTED ON WEBSITE.

1. Information and instructions for Contractors will form part of NIT and to be uploaded on

2. The intending bidder must have class-III digital signature to submit the bid.

3. The Bid Document as uploaded can be viewed and downloaded free of cost by anyone

including intending bidder. But the bid can only be submitted after uploading the

mandatory scanned documents such as a Receipt of EMD in form of Insurance Surety

Bond/Bank Guarantee, Tender Fee in form of online Digital mode of Payment.

4. Bidders may modify or withdraw their bids before last date and time of submission of bid

5. While submitting the modified bid, contractor can revise the rate of one or more item(s)

any number of times (he need not re-enter rate of all the items) but before last time and

date of submission of bid as notified.

6. On opening date, the contractor can login and see the bid opening process. After opening of

bids, he will receive the competitor bid sheets.

7. Contractor can upload documents in the form of JPG format and PDF format.

8. It is mandatory to upload scanned copies of all the documents including GST registration

as stipulated in the bid document. If such document is not uploaded his bid will become

invalid and cost of bid document shall not be refunded.

9. If the contractor is found ineligible after opening of bids, his bid shall become invalid and

cost of bid document shall not be refunded.

10. If any discrepancy is noticed between the documents as uploaded at the time of submission

of bid and hard copies as submitted physically by the contractor the bid shall become

invalid and cost of bid document shall not be refunded.

11. Certificate of Financial Turn Over: At the time of submission of bid, contractor may upload

Affidavit/ Certificate from CA mentioning Financial Turnover of last 3 (three) years or for

the period as specified in the bid document and further details if required may be asked

from the contractor after opening of technical bids. There is no need to upload entire

voluminous balance sheet.

12. The bidder shall fill online tender form the plus or minus percentage for the whole work

based on item rates described in the Bill of Quantities.

13. The Draft information and instructions to Contractors may be modified suitably by NIT

approving authority as per requirement

14. All the mandatory document required/prescribed for Pre-qualification have to be enclosed

by the bidder failing which his offer shall be rejected and treated as non-responsive.

However, additional documents required if any for verification of the original documents

shall be submitted by the bidder if required by DPA.

List of Documents to be scanned and uploaded within the period of bid submission:

I. EMD in form of Digital mode/Insurance Surety Bond/Bank Guarantee Drawn in favour

of Board of Deendayal Port Authority, issued by any Nationalized/scheduled bank

(Except Co-op bank) having branch at Gandhidham as per enclosed format.

II. Tender Fee form of online Digital mode of Payment.

III. Integrity Pact Agreement

I. Certificates of Work Experience of successfully completed works issued by the client.

II. Certificate of Financial Turnover from CA

III. Any other Document as specified in the Section I.

IV. Affidavit as per provisions of NIT.

V. Certificate of Registration for GST and acknowledgement of up to date filed return if

VI. Bid capacity calculations along with balance financial liability of works in hand.

EXECUTIVE ENGINEER (H)

DEENDAYAL PORT AUTHORITY

INSTRUCTIONS TO BIDDERS

1.1 Scope of Bid

The EXECUTIVE ENGINEER, Harbor Division, Deendayal Port Authority, invites bids by E-

Tendering for the work of “Development of car carrier facility at cargo berth no.01 at

Kandla” detailed in the table given in NIT. The bidders shall submit on- line bids for the work

detailed in the table given in NIT.

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

specified in the contract data.

1.2 Source of Funds

1.2.1 The employer has arranged the funds from internal resources and will have sufficient funds in

Indian currency for execution of the works.

1.3 Eligible bidder.

1.3.1 The invitation for Bids is open to all eligible bidders meeting the eligibility criteria as defined in

clause no 1.4.3.

1.3.2. All bidders shall provide in Section-2 form of Bid and Qualification Information, a statement that

the Bidder is not associated, nor has been associated in the past, directly or indirectly, with the

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

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

consulting services for the preparation or supervision of the works, and any of its affiliates, shall

not be eligible to bid.

1.3.3. Government-owned enterprises may only participate if they are legally and financially

autonomous, operate under commercial law and are not a dependent agency of the Employer

subject to fulfillment of Minimum Qualifying criteria.

1.3.4. Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued

by the employer in accordance with clause 1.36.

1.4 Eligibility Criteria

1.4.1. a. Experience of similar works executed during the last seven years, and details like

monetary value, clients, and proof of satisfactory completion.

b. Documentary evidence of adequate financial standing and proof from client for

satisfactory completion of works.

c. Solvency certificate from Bankers for ----------(value). (Refer Clause ‘A’ of Sec-5)

d. Equipment requirement/schedule. (Refer Clause ‘A’ of Sec-5)

e. Managerial/Manpower requirement. (Refer Clause ‘A’ of Sec-5)

f. Project Planning and Quality Control procedure to be adopted.

g. Information regarding projects in hand, current litigation, orders regarding exclusion,

expulsion or black listing, if any.

h. Trained & Certified workmen proposed to be employed at the work site of the project. The

Contractor must undertake to employ of certified worker to the extent of 20% of total

strength. Valid certificates by a recognized University, technical Board, or Ministry of

Government of India would only be taken cognizance of. (Refer Clause ‘A’ of Sec-5)

1.4.2. If the Employer has not undertaken pre-qualification of potential bidders, all bidders shall

include the following information and documents with their bids.

a. Copies of original documents defining the constitution or legal status, place of registration,

and principal place of business, written power of attorney of the signatory of the Bid to

commit the Bidder.

b. Total monetary value of construction work performed for each of the last five years.

c. Experience in works of a similar nature and size for each of the last five years, and details of

works underway or contractually committed, and Employers who may be contacted for

further information on those contracts.

d. Major items of construction equipment proposed to carry out to the contract.

e. Qualifications and experience of key technical site management and technical personal

proposed for the contract.

f. Reports on the financial standing of the Bidder, such as profit and loss statements and

auditor's reports for the past five years.

g. Evidence of adequacy of working capital for this contract (access to line(s) of credit and

availability of other financial resources).

h. Authority to seek references from the Bidder's bankers.

i. Information regarding any litigation, current or during the last five years, in which the Bidder

is involved, the parties concerned, and disputed amount.

j. Proposal for subcontracting components of the works amounting to more than 10 percent of

the Bid Price (for each qualification should attached); and (Refer Clause ‘A’ of Sec-5)

k. The methodology and program of construction, backed with equipment planning and

deployment, duly supported with broad calculations and quality control procedures and

completion of the work as per technical specifications within the stipulated period of

completion as per milestones.

l. PAN, Registration with Goods & Service Tax (GST), Provident Fund Authorities, etc.

m. Bid Security in approved form as prescribed under Clause No. 1.16.

1.4.3 To qualify for award of the contract, bidders are advised to note the minimum

qualification criteria specified below.

i. Average annual financial turnover during the last three years ending 31st March of the

previous year, should be at least Rs. 21.90 Crores.

Average annual Turnover based on CA certificate duly stamp, signed with

UDIN/Membership number is to be submitted failing which bid will be stand non-

ii. Experience of having successfully completed or substantially completed similar works during last

7 years ending last day of month previous to the one in which applications are invited should

be either of the following.

a. Three similar completed works each work costing not less than Rs. 29.21 Crores

(excluding GST).

b. Two similar completed works each work costing not less than Rs. 36.51 Crores

(excluding GST).

c. One similar completed work costing not less than Rs. 58.41 Crores (excluding GST).

“Similar Work" means Construction of RoRo/RoPax terminals including fabrication and installation of

steel pontoon and steel linkspan including Third Party Certification from IRS/ABS/DNV.

The Subcontract experience shall be considered for pre-qualification only if same is carried out in

Govt./Semi Govt./Public Limited companies subject to submission of subcontract permission issued by

the respective authorities prior to the execution of the work. It is mandatory to upload sub-contract

permission letters prior to execution of work online while submitting the bid. Further, if subcontract

permission is not authenticated, the respective party shall be considered as non-responsive. The

decision taken by DPA shall be final.

It is mandatory to upload the sub-contract permission letter obtained from the respective authorities.

Also, the completion Certificate / Form 3A authenticated by concern respective authority shall be

uploaded along-with TDS certificate deducted from that particular work issued by the competent

authority shall be submitted along-with bid submission.

If the Bidder has completed works in a private organization as stipulated in the Minimum Qualification

Criteria (work experience), the following documents must be enclosed with the BID for consideration:

 TDS Certificates: The Bidder must provide TDS certificates issued by the competent authority

with respect to the work experience submitted.

 CA Certificate: The Bidder must submit certificate issued by Chartered Accountant (CA) stating

that the amount shown in the TDS certificate has been received with respect to the work

experience submitted by the Bidder. This document must be certified by the CA with stamp,

signature and UDIN number, failing which the bid will stand non-responsive.

1.4.4. In addition to above, the criteria regarding satisfactory performance of the work, Personnel,

establishment, plant, equipment, etc. may be incorporated according to the requirement of the project.

To qualify for a package of contracts made up of this and other contracts for which bids are invited

in the NIT, the bidder must demonstrate having experience and resources sufficient to meet the

aggregate of the qualifying criteria for the individual contracts. (Refer Clause ‘A’ of Sec-5)

1.4.5. The Subcontract experience shall be considered for pre-qualification only if same is carried out in

Govt./Semi Govt./Public Limited companies subject to submission of sub contract permission

issued by the respective authority prior to the execution of the work. Further, if sub contract

permission is not authenticated, the respective party shall be considered non- responsive. The

decision taken by DPA shall be final.

1.4.6 Bidders who meet the minimum qualification criteria will be qualified only if their available bid

capacity is more than the total bid value. The available bid capacity will be calculated as under:

Available bid capacity = A x M x N - B,

where A = Maximum value of engineering works executed in any one year during the last five

years (updated at the current price 6 level), taking into account the completed as well as works

M =Multiplier Factor (usually 1.5)

N = Number of years prescribed for completion of the work in question.

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

completed in the next 'N' years.

The Bidder shall furnish statements showing the value of existing commitments and ongoing works as

well as the stipulated period of completion remaining for each of the works preferably countersigned

by the Nodal Officer or his nominee – in – charge.

Note: To calculate the value of works to current level, following multiplying factors shall be

applicable with reference to escalation based on WPI. This is only for to arriving the Bid

Capacity and not for work experience & turnover.

Multiplying factor

1.4.7 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they

- Made misleading or false representations in the forms, statements and attachments submitted in

proof of the qualification requirements; and/or

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

inordinate delays in completion, litigation history, or financial failures etc., and/or

1.5 One Bid per Bidder

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

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

permitted or requested) will cause all the proposals with the Bidder’s participation to be

1.5.2 Joint Venture

Companies/Contractors may jointly undertake contract/contracts. The number of Partners in

JV/Consortium shall be limited to maximum of three. Each entity would be jointly and severely

responsible for completing the task as per the contract, however declaration of the Lead member

to be indicated by bidders, however JV has to designate in their MOU. The firms with at least 26%

equity holding each be allowed to jointly meet the eligibility criteria.

Note: JVs/ Consortia be allowed in all contracts of estimated cost of more than Rs. 10 crores.

However, there shall a maximum of 3 nos. of partners.

1.5.3 The works reckoned for the above purpose are those executed by tenderer as prime contractor

or proportionately as member of Joint venture or as a sub-contractor, authorized and approved

by the Employer of the work(s) against the tenderer has claimed his experience.

1.6 Cost of Bidding

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

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

1.7.1 The bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine the Site

of Works and its surroundings and obtain all information that may be necessary for preparing the

Bid and entering into a contract for construction of the Works. The costs of visiting the Site shall

be at the Bidders’ own expense.

b. Bidding Documents

1.8 Content of Bidding Documents

1.8.1 The set of bidding documents comprises the documents listed in the table below and

addendum issued in accordance with Clause 1.10:

• DC 1 : Bid Reference

• NIT : Invitation for Bids

• SECTION 1 : Instruction to Bidders

• SECTION 2 : Forms of Bid, Qualification Information

• SECTION 3 : Conditions of Contract

• SECTION 4 : Contract Data

• SECTION 5 : Specifications and Special Conditions for Civil Works

• SECTION 6 : Drawing

• SECTION 7 : Bill of Quantities

• SECTION 8 : Forms of Securities and other Formats

• SECTION 9 : GUIDELINES ON BANNING OF BUSINESS DEALINGS

1.8.2 One set of the bidding documents will be issued to the bidder. The document should be

completed and returned with the bid. (Refer Clause ‘A’ of Sec-5)

1.8.2.1 Bidding documents shall be downloaded. The documents should be complied filled and submitted

through on-line tendering process on website http://tender.nprocure.com

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

forms, terms, technical specifications, bill of quantities, forms, drawings, annexure in the bid

document. Failure to comply with the requirements of the bid document shall be at the bidder’s

own risk. Pursuant to clause 1.26 hereof, bids which are not substantially responsive to the

requirements of the bid documents shall be rejected.

1.9 Clarifications of the Bidding Documents

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

employer in writing or by electronic form and be confirmed by hard copy at the Employer’s

address indicated in the invitation to bid. The employer will respond to any request for

clarification which he received earlier than days (Suggested 7 days) prior to the deadline for

submission of bids. Copies of the Employer’s response will be forwarded to all purchasers of the

bidding documents, including`s a description of the enquiry but without identifying its source.

1.9.2 Pre – bid meeting

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

place on 25/06/ 2026 @ 16:00 Hrs. at C.E. Chamber, A.O. Building, Deendayal Port Authority,

Gandhidham - Kutch, Gujarat.

1.9.2.2 The purpose of the meeting will be to clarify issues and to answer question on any matter that

may be clarified at that stage. But written comments/ reply is prevail. Quarries raised after Pre-

Bid meeting shall not be entertained.

1.9.2.3 The bidder is requested to submit any questions in writing or by cable to reach the Employer on

or before the meeting.

1.9.2.4 Minutes of the meeting, including the text of the questions raised (without identifying the source

of enquiry) and the responses given will be uploaded on website http://tender.nprocure.com

without delay. Any modification of the bidding documents listed in Sub-Clause 1.8.1 which may

become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively

through the issue of an Addendum pursuant to Clause 1.10 and not through the minutes of the

pre- bid meeting.

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

1.10. Amendment of Bidding Documents

1.10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by

using addendum.

1.10.2 Any addendum thus issued shall be part of the bidding documents and shall be communicated by

uploading online on http://tender.nprocure.com Prospective bidders shall acknowledge receipt

of each addendum by cable to the Employer.

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

preparing their bids, the Employer shall extend as necessary the deadline for submission of bids,

in accordance with Sub- Clause 1.20.2 below.

c. Preparation of Bid

1.11 Language of the Bid

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

1.12 Documents comprising the Bid

1.12.1 The bid submitted by the bidder shall comprise the following:

A) Technical Bid

i) Tender fee, EMD, Integrity Pact Agreement and Bid Security Declaration (In case of MSME

Certificated submitted)

ii) Qualification Information Form and Document (Pursuant to clause 1.4 hereof) and any

other materials required to be furnished and submitted by the bidder in accordance with

these instructions. The documents listed under Sections 2, 4 and 7 of Sub- Clause 1.8.1

shall be filled in without exception.

B) Financial Bid

i) Contractor’s Bid

ii) Bill of Quantity dully filled and digitally signed by the Bidder.

1.13 Bid Prices

1.13.1 The contract shall be for the whole works as described in Sub-Clause 1.1 based on the priced Bill

of Quantities submitted by the Bidder.

1.13.2 The bidder shall fill online tender form the plus or minus percentage for the whole work based

on item rates described in the Bill of Quantities.

1.13.3 All duties, taxes (except GST) and other levies payable by the contractor under the contract, or for

any other tax, shall be included in the percentage rate submitted by the Bidder.

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

contract. In accordance with the provisions of clause 3.47 of the conditions of contract.

1.14 Currencies of Bid and payment

The Unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees.

1.15 Bid Validity

1.15.1 Bids shall remain valid for a period not less than 120 days after the deadline date for bid

submission specified in clauses 1.20. A bid valid for a shorter period shall be rejected by the

Employer as non-responsive.

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

that the bidders may extend the period of bid validity for a specified additional period. The

request and the bidders’ responses shall be made in writing or by cable. A bidder may refuse the

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

to modify his bid. If bidder accept the request to extend the period of bid validity, he should

accordingly extend the validity of the BG submitted for EMD without any claims.

1.16 Bid Security

1.16.1 Earnest money Deposit (EMD) shall be 2 % of the Estimate cost put to tender.

1.16.2 The EMD up to Rs. 5 Lakhs shall be payable via digital mode of payment. The proof for transfer of

funds to be submitted in technical bid stage. EMD beyond Rs.5 lakhs be payable in form of Digital

mode/ Insurance Surety Bond / Bank Guarantee for the entire amount from any

Nationalized/Scheduled Bank (except Co-operative Banks) having its branch at Gandhidham.

Bank Guarantee submitted as Earnest Money shall be valid for 45 days beyond the validity of the

bid/tender. Bank Guarantee shall be verified independently by the Port with the bank before

finalization of technical offer. In the event of lack of confirmation of issue of the Bank Guarantee

by the Bank, the bid shall stands disqualified.

1.16.3 EMD of unsuccessful bidders other than L1 and L2 be refunded immediately after ranking of price

bids. Earnest money of L2 be refunded immediately after entering in to agreement with L1 and

acceptance of performance Guarantee from L1.

1.16.4 EMD is refunded suo-motto with/without any application from the bidders.

1.16.5 The bid security of the successful bidder will be discharged (refunded after he has signed the

Agreement and furnished the required Performance security.

1.16.6 The Bid security may be forfeited, if

a) The bidder withdraws the bid after bid opening during the period of bid validity.

b) The bidder does not accept the correction of the Bid price, pursuant to any

arithmetic errors or

c) The successful bidder fails within the specified time limit to

(i) Sign the Agreement or

(ii) Furnish the required Performances security.

(iii) In case the contractor fails to commence the work within stipulated time.

The forfeiture of the bid security is entirely discretion of employer. No any claims in this

regards shall be entertained.

“In case of Micro and Small Enterprise (MSEs) holding valid certificate issued by any

agencies/organization under The Ministry of Micro, Small and Medium Enterprises indicating the

list of activity related to the subject tender ONLY shall become eligible for exemption from

payment of Tender fee & EMD. Such bidder shall upload in technical bid a scanned copy of valid

certificate. Such bidder shall upload in technical proposal a scanned copy of valid certificate, as

well as duly filled in and signed ‘Bid Securing Declaration’ as per format provided in the tender

document (Annexure II), failing which the bid shall be disqualified: -

NIC codes regarding similar work is mentioned below: -

Level Description

Section – F Construction

Division – 42 Civil Engineering

Group - 429 Construction of other civil engineering projects

Class - 4290 Construction of other civil engineering projects

Subclass - Other civil engineering projects

1.17 Alternative proposals by bidders

1.17.1 Conditional offer or Alternative offers will not be considered further in the process of tender

1.18 Format and signing of bid

1.18.1 Price Bid to be submitted on-line shall be signed digitally by a person or persons duly authorized

to sign on behalf of the Bidder.

1.18.2 The Bid shall contain no alterations or additions, except those to comply with instructions issued

by the Employer, or as necessary to correct errors made by the bidder in which case such

corrections shall be initialed by the person or persons signing the bid.

D Submission of bids

1.19 Sealing and marking of bids.

1.19.1 (A) The bidder shall put Bid security document as per clause No.1.16, hereof in one envelope and

properly seal and mark as “Bid Security”. The bidder shall put documents mentioned in clause

No: 1.12.1.A (ii) in separate envelope and properly seal and mark as “Technical Bid”.

The bidder shall seal “Financial Bid” as per Clause No: 1.12.1. (B) Here of, in separate envelope

duly marking the envelope as “Financial Bid”. These envelopes than be put inside one outer

envelope and sealed, duly marking the outer envelope as “Technical Bid and Financial Bid”. (Refer

Clause ‘A’ of Sec-5)

(B) Bidders who wish to participate will have to procure/ should have legally valid Digital

Certificate, as per Information Technology Act-2000, using which they can sign their

electronic bids. The bidders can procure the Digital Certificate from (n) code solutions a

division of GNFC Ltd, who are licensed certifying authority by Government of India. All bids

should be digitally signed. For details regarding Digital signature certificate and related

matters, the below mentioned address should be contacted: (n) code Solutions, A Division

of GNFC, 304 GNFC Info tower, Bodakdev, Ahmedabad. Tel. +91 79 26857316/17/18 Fax:

+91 79 26857321 E-mail: [email protected] Toll Free Number: 1-800-233-1010

The accompaniments to the tender documents as described under Clause 1.22 shall be Scanned

and submitted On-Line along with Tender documents. However, the originals/ attested hard

copies shall have to be forwarded subsequently so as to reach the office of Executive Engineer

(H) within 07 days of opening of the tenders,

1.19.2 The envelopes shall

(a) Be addressed to Nodal Officer/Employer at the following address.

{Insert address of office for bid submission}, and

(b) bear the following identification:

Bid for “Development of car carrier facility at cargo berth no.01 at Kandla”

Bid reference no: HD-13/26

DO NOT OPEN BEFORE (time and date for opening, per Clause 1.23) Name and address of the

The tender complete in all respect should be put in the tender box (marked tender No HD-

13/26) in the office of The Executive Engineer (Harbour) up to- p.m. On due date and

open at on the same date in presence of such of the tenderers who may wish

to be present. (Refer Clause ‘A’ of Sec-5)

1.19.3 In addition to the identification required in Sub-Clause 1.19.2, the inner envelopes shall indicate

the name and address of the bidder of to enable the bid to be returned unopened in case it is

declared late, pursuant to Clause 1.21, or the bid is declared non- responsive. If the outer

envelopes are not sealed and marked as above, the Employer will assume no responsibility for

the misplacement or premature opening of the technical bid and financial bid. (Refer Clause ‘A’ of

1.20 Deadline for submission of the Bids

1.20.1 Bids must be received by the Employer at the address specified above not later than in the event

of the specified date for the submission of bids being declared a holiday by the Employer. The

bids will be received up to the appointed time on the next working day. (Refer Clause ‘A’ of Sec-

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

accordance with Clause 1.10, in which case all rights and obligations of the Employer and the

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

1.20.3 In case of tender document being downloaded from the web site, at the time of submission of (the

hard copy of) the tender document. The tenderer shall give an undertaking that no change has

been made in document. He shall be issued a printed set of document under acknowledgment

with a condition that the printed version of the port tender document will be treated as authentic

tender and if any discrepancy is noticed at any stage between the Port’s tender document and the

one submitted by the tenderer, the conditions mentioned in the Port’s printed document Insert

time and date; this should be the same as those given in the invitation for Bids Claus No.1.20.

1.21.1 Any bid received by the Employer after the deadline prescribed in Clause 1.20 will be

considered as non-responsive.

1.22 Modification and Withdrawal of Bids

1.22.1 Bidders may modify or withdraw their bids before the deadline prescribed in Clause 1.20.

1.22.2 Each Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and

delivered in accordance with Clauses 1.18 & 1.19, with the outer and inner envelopes additionally

marked “MODIFICATION” or “WITHDRAWAL” as appropriate. (Refer Clause ‘A’ of Sec-5)

1.22.3 No bid may be modified after the deadline for submission of bids.

1.22.4 Withdrawal or modification of a Bid between the deadline for submission of bids and the

expiration of the original period of bid validity in Clause 1.15.1 above or as extended pursuant to

Clause 1.15.2 may result in the forfeiture of the Bid security pursuant to Clause1.16.

1.22.5 Tenders with any condition, including conditional rebate shall be rejected. However, tenders with

unconditional rebate will be accepted.

E. BID OPENING AND EVALUATION

1.23 Bid opening

1.23.1 On the due date and appointed time as specified in clause 1.20, the Employer will first open

Technical bids (Online bid Opening) of all bids received (except those received late) including

modifications made pursuant to clause 1.22 in presence of the bidders or their representative

who choose to attend. In the event of the specified date for Bid opening being declared a holiday

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

1.23.2 Envelopes marked “WITHDRAWAL” shall be opened and read out first. Bids for which an

acceptable notice of withdrawal has been submitted pursuant to Clause 1.22 shall not be

opened. Bidder’s name, withdrawals, modifications of technical bid, the presence of bid

security and such other details, as the Employer may consider appropriate will be announced by

the Employer at the opening. (Refer Clause ‘A’ of Sec-5)

1.23.3 If all Bidders have submitted unconditional Bids together with requisite bid security, then all

bidders will be so informed then and there. If any Bid contains any deviation from the Bids

documents and/or if the same does not contain Bid security in the manner prescribed

in the Bid documents, then that Bid will be rejected and the Bidder informed accordingly. The

sealed financial bid containing priced BOQ will be returned to him without opening. All valid

financial bids whose technical bids have been determined to be substantially responsive in

accordance with Clause 1.26 hereof, shall be opened on the specified date from declaring the

results of the Technical Bid, in presence of the bidders or their representatives who choose to

attend. The Bidder’s name, the Bid prices, the total amount of each Bid and of any alternative Bid

attend. The Bidder’s name, the Bid prices, the total amount of each Bid and of any alternative Bid

(if alternatives have been requested or permitted), any discounts, Bid modifications and

withdrawals, and such other details as the Employer at the opening. Any bid price, discount,

or alternative Bid price which is not read out and recorded at Bid opening, will not be taken into

account in Bid evaluation. (Refer Clause ‘A’ of Sec-5)

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

those present in accordance with sub clause 23.3 and the minutes shall form part of the contract.

(Refer Clause ‘A’ of Sec-5)

Information relating to the examination, clarification, evaluation and comparison of the bids and

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

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

been announced.

1.25 Clarification of Bids

To assist in the examination and comparison of Bids, the Employer may, at his discretion, ask any

Bidder for clarification of his Bid, including breakdown of unit rates. The request for clarification

and the response shall be writing or by cable, but no change in the price or substance of the Bid

shall be sought, offered, or permitted except as required to conform the correction of arithmetic

errors discovered by the Employer in the evaluation of the Bids in accordance with Clause 1.27.

Subject to above para, no Bidder shall contact the Employer on any matter relating to his bid from

the time of the bid opening to the time the contract is awarded. If the Bidder wishes to bring

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

Any effort by the Bidder to influence the Employer’s bid evaluation, bid comparison or contract

award decisions, may result in the rejection of his bid.

1.26 Examination of Bids and Determination of Responsiveness

1.26.1 Prior to detailed evaluation of Bids, the Employer will determine whether each Bid (a) meets

the eligibility criteria defined in Clause 1.4 (b) has been properly signed by an authorized

signatory (accredited representative) holding power of Attorney in his favor. The Power of

Attorney shall inter alia include a provision to bind the Bidder to settlement of disputes clause;

(c) is accompanied by the required Bid security and; (d) is responsive to the requirements of

the Bidding documents

1.26.2 A substantially responsive Technical and Financial Bid is one which conforms to all the terms,

conditions and specification of the Bidding documents, without material deviation or

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

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

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

affect unfairly the competitive position of other Bidders presenting responsive Bids.

1.26.3 If a Technical Bid is not substantially responsive, it will be rejected by the Employer, and may not

subsequently be made responsive by correction or withdrawal of the non- conforming deviation

or reservation.

1.26.4 The envelop marked as financial bid of those bidders whose technical bid has been determined

to be non-responsive shall not be opened and will be returned unopened. (Refer Clause ‘A’ of

1.27 Correction of Errors.

1.27.1 Bids determined to be responsive will be checked by the Employer for any arithmetic errors.

Errors will be corrected by the Employer as follows:

(a) Where there is a discrepancy between the rates in figures and in words, the rate in words

will govern; and

(b) Where there is a discrepancy between the unit rate and the line item total resulting from

multiplying the unit rate by the quantity, the unit rate as quoted will govern.

(Refer Clause ‘A’ of Sec-5)

1.27.2 The amount stated in the Bid will be adjusted by the Employer in accordance with the above

procedure for the correction of errors and, with the concurrence of the Bidder, shall be

considered as binding up on the bidder. If the bidder does not accept the corrected amount the Bid

will be rejected, and the Bid security may be forfeited in accordance with Sub- Clause1.16. F. (B).

(Refer Clause ‘A’ of Sec-5)

1.29 Evaluation and Comparison of Bids

1.29.1 The Employer will evaluate and compare only the bids determined to be responsive in

accordance with Clause 1.26.

1.29.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by

adjusting the Bid Price as follows:

(a) Making any correction for errors pursuant to Clause1.27;

(b) Making appropriate adjustments to reflect discounts or other price modification offered in

accordance with Sub Clause1.22.5

1.29.3 The estimated effect of the price adjustment conditions under Clause 3.47 of the conditions of

contract, during the period of implementation of the Contract, will not be taken into account in

Bid evaluation.

1.29.4 If the Bid of the successful Bidder is seriously unbalanced in relation to the Nodal Officer or his

nominee’s estimate of the cost of work to be performed under the contract, the Employer may

require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities.

F. AWARD OF CONTRACT

1.31 Award Criteria

1.31.1 The Employer will award the Contract to the Bidder whose Bid has been determined to be

responsive to the Bidding documents and who has offered the lowest evaluated Bid Price,

provided that such Bidder has been determined to be (a) eligible in accordance with the

provisions of Clause 1.3, and (b) qualified in accordance with the provisions of Clause

1.4. The second bidder (i.e. L2) shall be kept in reserve and may be invited to match the bid

submitted by the (L1) bidder in case such bidder withdraws or is not selected for any reason.

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

Not with standing clause 1.30, the Employer reserve the right to accept or reject any bid and to

cancel the bidding process and reject all bids, at any time prior to the award of contract, without

thereby incurring any liability to the affected bidder or bidders of the grounds for Employer’s

1.33 Notification of Award and Signing of Agreement

1.33.1 The Bidder whose bid has been accepted will be notified of the award by the Employer prior to

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

This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”) will

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

completion and maintenance of the works by the Contractor as prescribed by the Contract

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

1.33.2 The notification of award will constitute the formation of the Contract subject only to the

furnishing of a performance security in accordance with the provision of Clause 1.34.

1.33.3 The Agreement will incorporate all correspondence between the Employer and the

successful bidder. It will be signed by the employer and sent to the successful Bidder (within

28 days of award of work for global tender and within 14 days for domestic tender) following

the notification of award along with the Letter of Acceptance. Within (28 days for global

tender and within 21 days for domestic tender) of receipt, the successful Bidder will furnish

the performance security and sign the Agreement with the Employer.

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

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

1.34 Performance Security (Refer Clause 5.78 of Sec-5)

Security deposit shall consist of two parts; a) Performance Guarantee to be submitted at award

of work, and b) Retention money to be recovered from Running Bills.

Security Deposit/ Performance guarantee shall be 10% of Contract price of which 5% of contract

price should be submitted as FDR or Insurance Surety Bond / Bank Guarantee of

Nationalized/scheduled bank (except Co-operative) Banks having its branch at Gandhidham, and

BG should remain valid for 60 (Sixty) days beyond the date of completion of all contractual

obligation of the concern contract including Defect liability period or Digital transfer within (21

days in case of domestics bid and within 28 days in case of global bids) of receipt of letter of

acceptance and balance 5% recovered as Retention Money from Running Bills. Recovery of 5% of

Retention Money to commence from the first bill onwards @ 5% of bill value from each bill.

Retention Money be refunded within 14 days from the date of payment of final bill. Balance SD to

be refunded immediately not later than 14 days from completion of defect liability period,

(Subject to fulfilment of clause no 5.24), NOC from Geology and Mining Department, Bhuj/Anjar

& Payment of welfare cess for final bill.

In addition to performance security (usually five percent), contracts for works usually provide

for a percentage (usually five percent) of each running bill (periodic/interim payment) to be

withheld as security deposit/retention money until final acceptance. The earnest money instead

of being released may form part of the security deposit.

The contractor may, at his option, replace the retention amount with an unconditional BG from a

bank acceptance to the procuring entity at the following stages;

I. After the amount reaches half of the value of the limit of retention money and

II. After the amount reaches the maximum limit of retention money. One-half of the retention

money (of BG, which replaced retention money) shall be released on the issue of the taking-over

certificates (TOCs) are issued in parts, then in such proportions as the engineer may determine,

having regard to the value of such part or section. The other half of the retention money (or BG,

which replaced the retention money) shall be released upon expiration of 365 days after the DLP

of the work or final payment, whichever is earlier on certification by the engineer. In the event of

different applicable to different defect liability periods being applicable to different sections or

parts, the expiration of defect liability period shall be the latest of such periods.

In case of JV, the BG towards performance security shall be provided by all partners in proportion

to their participation.

In case of a JV, the BG towards performance security shall be provided by all

partners in proportion to their participation in the project.

Failure of the successful bidder to comply with the requirements of above shall constitute

sufficient grounds for cancellation of the award of work and forfeiture of the Bid security.

The documentary evidence (copy of paid Challan in Govt. Treasury) of Welfare cess @1% of work

done or as amended by Statutory Authority from time to time, paid on final bill shall be submitted

before releasing the Performance Guarantee.

1.35 Advance Payment (Refer Clause ‘A’ of Sec-5)

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

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

1.36 Conciliator

1.36.1 The Employer proposes that CIDC – SIAC Arbitration Centre be appointed as Conciliator under

the contract as provided in sub-clause 3.24.1 of condition of contract. If the bidder disagrees with

this proposal, the bidder should so state in the bid. (Refer Clause ‘A’ of Sec-5)

1.37 Corrupt or Fraudulent Practices (Refer Clause 5.149 of Sec-5)

1.37.1 The Employer requires that Bidders/Suppliers/Contractors under this contract, observe the

highest standard of ethics during the procurement and execution of this contract. In pursuance of

this policy, the Employer:

a) Defines, for the purpose of these provisions, the terms set forth below as follows:

(i) “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value

to influence the action of a public official in the procurement process or in contract

(ii) “Fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the

Employer, and includes collusive practice among Bidders (prior to or after bid

submission) designed to establish bid prices at artificial non-competitive levels and to

deprive the Employer of the benefits of free and open competition.

b) Will reject a proposal for award of work if he determines that the Bidder recommended for

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

c) Will declare a Bidder ineligible, either indefinitely for a stated period of time, to be awarded

a contract/contracts if he at any time determines that the Bidder has engaged in corrupt or

fraudulent practices in competing for or in executing, the contract.

1.37.2 Furthermore, Bidders shall be aware of the provision stated in sub-clause 3.59.2 of the conditions

Contractor Executive Engineer (H)

Deendayal Port Authority

FORMS OF BID, QUALIFICATION

2. CONTRACTOR’S BID

3. PRE-QUALIFICATION OF BIDDERS

4. LETTER OF ACCEPTANCE

5. NOTICE TO PROCEED WITH THE WORK

6. AGREEMENT FORM

SPECIMEN FOR FORM OF BID

(To be executed on bidder’s letter head)

Name of Work:” Development of car carrier facility at cargo berth no.01 at Kandla”

EXECUTIVE ENGINEER (H),

HARBOUR DIVISION,

DEENDAYAL PORT AUTHORITY,

NIRMAN BHAVAN, ROOM NO.

1ST FLOOR, NEW KANDLA – 370

KUTCH DISTRICT,

GUJARAT STATE, INDIA

We, the undersigned, declare that:

a) We have examined and have no reservations to the tender documents, including

addenda and clarifications issued

b) We offer to execute the work in conformity with the tendering documents and in

accordance with the delivery schedules specified in the schedule of requirements in

accordance with the tender document

c) The total price of our tender, excluding any discounts offered in item(d) below, is [insert

the total tender price in words and figures, indicating the various amounts and the

respective currencies]; [in case of techno-commercial offer it shall be mentioned that

‘as filled in the price bid’] (Refer Clause ‘A’ of Sec-5)

d) The discounts offered and the methodology for their application are: Discounts. If our

tender is accepted, the following discounts shall apply. Methodology of application of

the discounts. The discounts shall be applied using the following method: (Refer

Clause ‘A’ of Sec-5)

e) our tender shall be valid for the period of time specified in [ITB Sub-clause 1.15.1], from

the date fixed for the tender submission deadline in accordance with [ITB Sub- clause

1.20.1], and it shall remain binding upon us and may be accepted at any time before

the expiration of that period or any extended period accordance with [ITB Sub-

f) If our tender is accepted, we commit to submit a performance guarantee in accordance

with [insert relevant clause no., ITB Sub-clause 1.34] for the due performance of the

contract, as specified in specimen form for the purpose.

g) We, including any subcontractors or contractors for any part of the contract, (Refer

Clause ‘A’ of Sec-5)

h) We have no conflict of interest in accordance with [ITB Sub-clauseno1.3.2]

i) Our firm, its affiliates or subsidiaries- including any subcontractors or contractors for

any part of the contract – has not been declared ineligible by the port, under laws of

India or official regulations in accordance with [ITB Sub-clause no.1.3.4]

j) We understand that this tender, together with your written acceptance thereof included

in your notification of award, shall constitute a binding contract between us, until a

formal contract agreement is prepared and executed in accordance with [ITB Sub-

clause 1.32] and as per specimen from the purpose;

k) We understand that you are not bound to accept the lowest evaluated tender or any

other tender that you may receive.

l) We also make specific note clauses of [ITB, NIT] under which the contract is governed.

m) In case of out station firms, having a branch in India for liaison purposes, please mention

the name of the contact person and Tel. no., Fax. no., and Mail-Id and also the complete

postal address of the firm.

n) We understand that the communication made with the firm at (m), by the port shall

be deemed to have been done with us.

Signed: [insert signature of person whose name and capacity are shown]

In the capacity of [insert legal capacity of person signing the form of tender]

Name: [insert complete name of person signing the form of tender]

Duly authorized to sign the tender for and on behalf of: [insert complete name of

Dated on _day of_ , (insert date of signing)

CONTRACTOR’S BID

Description of the works: - “Development of car carrier facility at cargo berth no.01 at Kandla”

We offer to execute the works described above in accordance above with the conditions of

Contract accompanying this bid for the contract price of (in

figures) (in letters). The advance

payment required / not required as per rule. We accept appointment of _ as

the conciliator’s letter.

This bid and your written acceptance of it shall constitute a binding contract between us. We

understand that you are not bound to accept the lowest or any bid you receive. We undertake

that, in competing for (and, if the award is made to us, in executing) the above contract, we will

strictly observe the laws against fraud and corruption in force in India namely “prevention of

corruption act 1988”

We hereby confirm that this bid complies with the bid validity and security required by

the bidding documents.

We attach herewith our copy of permanent account number (PAN)

Yours faithfully,

Authorized Signature:

Name& title of signatory

To be filled in by the bidder, together with his particulars and date of submission at the

bottom of the form of bid.

PRE-QUALIFICATION OF BIDDERS

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

of pre-qualification as provided for in the instructions to tenderers.

1. Only for individual bidders

Constitution or legal status of bidder (attach copy)

 Place of registration

 Principal place of business

 Power of attorney of signatory of bid (Attach)

2. Turnover of the firm/JV

Attachments: Financial reports for the last three years; balance sheets, profit and loss

statement, auditors reports (in case of companies/ corporation) etc., list them below and

3. Similar works

Particulars Year No. of works Value

Total value 2019-20

completed similar 2020-21

work as defined in 2021-22

the tender 2022-23

document during

Attachments: Supporting documents, viz., successful completion certificates from clients,

other documentations to substantiate the similarity of work as per definition of “similar

work” employers reserve the right to verify the information;

4. Information on bid capacity (works for which bids have been submitted and works which are

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

(A) Existing commitments and on-going works.

Contract Stipulated Value of Anticipated

Description of Place & address of Value of

no. & Period of remaining to date of

work state port or contract Rs

date completion be completed completion

(B) Works for which bids already submitted

Name& Value of Stipulated Date when

Description Place & Remarks if

address of contract Period of decision is

of work state any

port or Dept. Rs. completion expected

Attach certificates from the nodal officer or his nominee(s)-in-charge.

5. The following contractor’s equipment is essential for carrying out the works. The

bidder should list all information requested below.

Item of Requirement Owned/leased/ Nos./

Age/condition Remarks

equipment no. capacity to be procured capacity

6. Qualification and experience of key personnel proposed for administration and execution of

the contract. Attach biographical data. Refer also to sub. Clause 1.4.2(e) of instructions to

bidders and sub. Clause 1.9.1 of the condition of contract.

Years of Years of experience

Position Name Qualification experience in the proposed

(general) position

specialist etc.,

7. Proposed sub-contracts and firms involved. (Refer Clause ‘A’ of Sec-5)

Sections of the Value of sub- Sub- contractor Experience in similar

works contract (name and address) work

8. Information on litigation history in which the bidder is involved.

Other Cause of Remarks involved showing

Port / Dept. amount

party(ies) dispute present status

9. Additional information bidder may like to submit.

Duly authorized to sign this authorization on behalf of (insert complete name of tenderer)

Dated on day of_ [insert date of signing]

LETTER OF ACCEPTANCE

(On letterhead paper of the port)

(Name and address of the contractor)

Tender no. HD-13/26

Sub: “Development of car carrier facility at cargo berth no.01 at Kandla”

Ref: Your bid dated and [list the correspondence with the bidder]

This is to notify you that your bid dated for execution of the

_ (name of the contract and identification number, as given in the

instructions to bidders) for the contract price of rupees (amount in words

and figures as corrected and modified) in accordance with the tender document is here by

accepted by the employer/Board.

You are hereby requested to furnish performance security, in the form detailed in

tender document for an amount of Rs. within { } days of the receipt of

this letter of acceptance valid up to 28 days from the date of completion obligations expiry of

taking over certificate subject to removal of defects period i.e. up to and also sign the contract

agreement within { } days of the receipt of this letter of

acceptance, failing which action as stated in the tender document will be taken.

Detailed letter of acceptance will follow. Please acknowledge receipt.

Yours faithfully

Authorized signature

ISSUE OF NOTICE TO PROCEED WITH THE WORKS

(Letterhead of the Port)

(Name and address of the contractors)

Sub.: Tender for “Development of car carrier facility at cargo berth no.01 at Kandla

Ref: Letter of acceptance no. dated

Pursuant to your furnishing the requisite security as stipulated in [clause of general

conditions of contract] and signing of the contract for execution of the

you are hereby instructed to precede with the execution of the said works in accordance

with the contract documents. It is hereby notified that the [site] is being handed over to you

for execution of work in accordance with the contract documents.

Yours faithfully,

(Signature, name and title of

Signatory authorized to sign on

Behalf of employer/board)

SPECIMEN CONTRACT AGREEMENT

(To be executed on Rs.500/- non-judicial Stamp

[The successful Tenderer shall fill in this form in accordance with the instructions indicated]

THIS CONTRACT AGREEMENT is made

the [insert: number] day of [insert: month], [insert: year].

This agreement made this day of

(1) The Board of Port of Deendayal Port Authority, an Autonomous Body of the Ministry of Ports, Shipping

& Waterways of the Government of INDIA, incorporated under the Major Port Authority Act,2021 as

Amended / replaced thereafter, under the Laws of India and having its principal place of business at

[insert address of Port] (hereinafter called “the Port”), and (here in after called “Board”/ Port”),

(2) [insert name of Contractor], [incorporated under the laws] [insert: country of Contractor] and having

its principal place of business at [insert: address of Contractor] (hereinafter called “the

WHEREAS the Employer/ Board invited Tenders against tender no. [(HD-13/26)] for execution of

[TENDER TITLE AND BRIEF DESCRIPTION] viz., and has accepted a Tender by the Contractor in

accordance with the supply/ delivery schedules, in the sum of [insert Contract Price in words and figures,

expressed in the Contract currency(ies)] (hereinafter called “the Contract Price”).

AND WHEREAS the contractor has agreed to deposit the Performance Security Deposit as follows for due

fulfillment of all the conditions of the contract:

1. 5% of Rs._____________ paid in the form of Bank Guarantee/Insurance Surety Bond/FDR or digital mode

of payment, vide no…………….., dated……………..issued by ………………. (to be submitted in 21 days of issue

2. Balance 5% amount of Rs……………. to be recovered from running bills.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively

assigned to them in the Conditions of Contract referred to.

2. The following documents shall constitute the Contract between the Employer/ Board and the

Contractor, and each shall be read and construed as an integral part of the Contract:

(a) This Contract Agreement;

(b) Special Conditions of Contract

(c) General Conditions of Contract;

(d) Technical Requirements (including Schedule of Requirements and Technical Specifications,

(e) Notice Inviting Tender;

(f) Replies issued to the Pre-bid queries, addenda is any issued [numbers and dates];

(g) The Contractor’s Bid and original Price and Delivery Schedules;

(h) The Employer/ Board’s Notification of Award;

(i) [Correspondence the Employer/ Board had exchanged with the bidder till

and after award of contract [specific letters and dates]; and

(j) [Add here any other document(s)]

EMPLOYER/ BOARD accepted the Bid of CONTRACTOR for the provision and the execution of WORK at

the CONTRACT PRICE as indicated in CONTRACT upon the terms and subject to the conditions of

Contract. Now this CONTRACT AGREEMENT witnesses and it is hereby agreed and declared as follows:

All the disputes related to submit contract shall be resolved through a conciliation committee / council

comprising Independent Subject Tender Expert".

3. In consideration of the payment to be made to CONTRACTOR for WORK to be executed by him.

CONTRACTOR hereby Covenants with EMPLOYER/ BOARD that CONTRACTOR shall and will duly

provide, execute and complete Work and things in CONTRACT, mentioned or described or which

are to be implied there from or may be reasonably necessary for completion of Work and at the

times and in the manner and subject to the terms and conditions or stipulations mentioned in

4. In consideration of the due provision, execution and completion of WORK by the CONTRACTOR in

accordance with the terms of the CONTRACT, the EMPLOYER/ BOARD does hereby agree with

CONTRACTOR that EMPLOYER/ BOARD will pay to Contractor the respective amounts for the work

actually done by him and approved by EMPLOYER/ BOARD as per Payment Terms accepted in

CONTRACT and payable to CONTRACTOR under provision of Contract at such time and at such

manner as provided for in the CONTRACT.

5. In consideration of the due provision, execution and completion of WORK, CONTRACTOR does

hereby agree to pay such sums as may be due to EMPLOYER/ BOARD for the services rendered by

EMPLOYER/ BOARD to Contractor as set forth in CONTRACT and such other sums as may become

payable to EMPLOYER/ BOARD towards loss, damage to the EMPLOYER/ BOARD's equipment,

materials etc. and such payments to be made at such time and in such manner as is provided in the

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with

the laws of [insert the name of the Contract governing law country] on the day, month and year indicated

For and behalf of the Contractor

WITNESS: (Name, Signature, address)

Signes, Sealed and delivered by

Chief Engineer on behalf of the board

in Presence of:

For and behalf of the

employer/board WITNESS: (Name,

Signature, address)

The common seal of the Board of Deendayal Port Authority Affixed in the presence of:

CONDITIONS OF CONTRACT

CONDITIONS OF CONTRACT

3.1 Definitions

3.1.1 Terms which are defined in the Contact Data are not also defined in the Conditions of

Contract but keep their defined meanings capital initials are used to identify defined terms.

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

Compensation Events are those defined in Clause

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

Officer or his nominee in accordance with Sub Clause 3.55.1

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

and maintain the Works. It consists of the documents listed in Clause 3.2.2 below.

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

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

accepted by Employer.

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

to the Employer.

The Contract Price is the stated in the letter of acceptance and thereafter as adjusted in

accordance with the provisions of the Contract.

Days are calendar days, months are calendar months.

A Defect is any part of the Works not completed in accordance with the Contract. The

Defects Liability Period is the Period named in the Contract Data and calculated from

the Completion Date.

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

Nodal Officer or his nominee is the person named in the Contract Data (or any other

Competent person appointed and notified to the contractor to act in replacement of the

Nodal Officer or his nominee) who is responsible for supervising the Contractor,

Administering the Contract, certifying payments due to the Contractor, issuing and valuing

Variations to the contract, awarding extensions of time and valuing the Compensation

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

construct the Works.

The Initial Contract Price is the Contract Price listed in the employer’s Letter of Acceptance.

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

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

Intended Completion Date may be revised only by the Nodal Officer or his nominee by

issuing an extension of time.

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

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

chemical or biological function.

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

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

factual interpretative reports about the surface and subsurface conditions at the site.

Specification means the Specification of the Works included in the Contract and any

modification or addition made or approved by the Nodal Officer or his nominee.

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

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

Possession Date.

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

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

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

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

A Variation is an instruction given by the Nodal Officer or his nominee which varies the

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

to the Employer as defined in the Contract Data.

The Trained Work Person are those employed/proposed to be employed by the

Contractor at the Project Site, who have participated and are in possession of a valid

Competency Certificate through a program run under the auspices of a University, State

Technical Board, Ministry of Government of India.

Board – Board of Authorities of the Deendayal Port, a body corporate under the Major

Port Act, 2021 as amended from time to time.

Chairman means the Chairman of the Board of Authorities of Deendayal Port.

“Engineer-in-Charge” means The Executive Engineer (Harbour) of the Deendayal Port

3.2 Interpretation

In interpreting this Condition of Contract, singular also means plural, male also means female

or neuter and the other way around. Headings have no significance. Words have their normal

meaning under the language of the Contract instructions clarifying queries about the

Conditions of Contract.

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

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

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

Completion date for the whole of the Works).

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

2. Letter of Acceptance and notice to proceed with Works Contractor’s Bid.

3. Contract Data

4. Conditions of Contract including Special Conditions of Contract

5. Specifications

7. Bill of quantities

8. Any other documents listed in the Contract Data as forming part of the Contract.

3.3 Language and Law

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

3.4 Nodal Officer or his nominee’s Decisions

3.4.1 Except where otherwise specifically stated, the nodal officer or his nominee will decide

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

3.5.1 The Nodal officer or his nominee may delegate any of the duties and responsibilities to other

people except to the Conciliator after notifying the Contractor and may cancel any

delegation after notifying the Contractor.

3.6 Communications

3.6.1 Communications between parties which are referred to in the conditions are effective only

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

Contract Act1872).

3.7 Joint Venture

Companies/Contractors may jointly undertake contract/contracts. Each only would be

jointly and severely responsible for completing the task as per the contract, however

declaration of the Lead member to be indicated by bidders, however JV has to designate

in their MOU. The firms with at least 26% equity holding each be allowed to jointly meet the

eligibility criteria.

Note: JVs/ Consortia be allowed in all contracts of estimated cost of more than Rs.10 crores.

However, there shall be a maximum of 3 number of partners.

3.8 Subcontracting (Refer Clause ‘A’ of Sec-5)

3.8.1 The Contractor may subcontract with the approval of the Nodal Officer or his nominee but

may not assign the Contract without the approval of the Employer in writing. Subcontracting

does not alter the Contractor’s obligations.

3.8.2 Other Contractor (Refer Clause ‘A’ of Sec-5)

The Contractor shall co-operate and share the Site with other contractors, public

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

contractors. The Contractor shall as have referred to in the Contract Data, also provide

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

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

3.9 Personnel (Refer Clause ‘A’ of Sec-5)

3.9.1 The contractor shall employ the key personnel named in the schedule of key personnel as

referred to in the contract Data to carry out the functions stated in the schedule or other

personnel approved by the Nodal officer or his nominee. The Nodal Officer or his nominee

will approve any proposed replacement of key personnel only if their qualifications,

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

personnel listed in the schedule.

3.9.2 If the Nodal Officer or his nominee asks the Contractor to remove a person who is a

member of the Contractor’s staff of his work force stating the reasons, the Contractor

shall ensure that the person leaves the Site within seven days and has no further

connections with the work in the Contract.

3.10 Employer’s and Contractor’s Risks

3.10.1 The Employer carries the risks which this contract states are Employer’s risks and the

Contractor carries the risks which this Contract states are Contractor’s risks.

3.11 Employers Risks

3.11.1 The Employers risks are

(a) Insofar as they directly affect the execution of the Works in the country where the

Permanent Works are to be executed:

(i) War and hostilities (whether war be declared or not), invasion, act of foreign

(ii) Rebellion, revolution, insurrection, or military or usurped power, or civil war,

(iii) Ionizing radiations, or contamination by radioactivity from any nuclear fuel, or

from any nuclear waste, from the combustion of nuclear fuel, radioactive toxic

explosive or other hazardous properties of any explosive nuclear assembly or

nuclear component thereof:

(iv) Pressure waves caused by aircraft or other aerial device starveling at sonic or

upper sonic speeds; and

(v) riot, commotion or disorder, unless solely restricted to the employees of the

Contractor or of his Subcontractors and arising from the conduct of the Works;

(vi) floods, tornadoes, earthquakes and landslides

(b) Loss or damage due to the use or occupation by the Employer of any Section or part of

the Permanent Works, except as may be provided for in the Contract;

(c) Loss or damage to the extent that it is due to the design of the Works, other than any

part of the design provided by the Contractor or for which the Contractor is

responsible; and

(d) Any operation of the forces of nature (in so far as it occurs on the Site) which an

experienced contractor:

(i) could not have reasonably for seen, or

(ii) Could reasonably have foreseen, but against which he could not reasonably

have taken at least one of the following measures.

A. Prevent loss or damage to physical property from occurring by

taking appropriate measures, or

B. Insure against.

3.12 Contractor’s risks

3.12.1 All risks of loss of or damage to physical property and of personal injury and death which

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

risks are the responsibility of the Contractor.

3.13.1 The Contractor shall provide in the joint names of the employer and the Contractor,

insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts

and deductibles state in the Contract Data for the following events which are due to the

Contractors risks.

(a) Loss of or damage to the Contractors risks.

(b) Loss of or damage to Equipment;

(c) Loss of or damage property (except the Works, Plant, Materials and Equipment in

connection with the Contract, and

(d) Personal injury of death.

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

Officer or his nominee for the Nodal Officer or his nominee’s approval before Start Date.

All such insurance shall provide for compensation to be payable in the types and

proportions of currencies required to rectify the loss or damage incurred.

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

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

premiums the Employer has paid from payments otherwise due to the Contractor or, if no

payment of the premiums shall be a debt due.

3.13.4 Alternate to the terms of insurance shall not be made without the approval of the Nodal

Officer or his nominee.

3.13.5 Both parties shall comply with all conditions of the insurance policies.

3.14 Site Investigation Reports

3.14.1 The Contractor, in preparing the Bid, shall rely on the Investigation Report referred to in

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

3.15 Queries about the Contract Data

3.15.1 The Nodal Officer or his nominee will clarify queries on the Contract Data.

3.16 Contractor to Construct the Works

3.16.1 The Contractor shall construct and install the Works in accordance with the Specification and

3.17 The Works to Be Completed by the Intended Completion Date

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

the Works in accordance with the program submitted by the Contractor as updated with the

approval of the Nodal Officer or his nominee, and complete them by the Intended

Completion Date.

3.18 Approval by the Nodal Officer or his nominee

3.18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary

Works to the Nodal Officer or his nominee, who is to approve them if they comply with the

specifications and Drawings.

3.18.2 The Contractor shall be responsible for design of Temporary Works.

3.18.3 The Nodal Officer or his nominee’s approval shall not alter the Contractor’s responsibility

for design of the Temporary Works.

3.18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent

Works, are subject to prior approval by the Nodal Officer or his nominee before their use.

3.19.1 The Contractor shall be responsible for the safety of all activities on the Site.

3.20 Discoveries

3.20.1 Anything of historical or other interest or of significant value unexpectedly discovered on

the Site is the property of the Employer. The contractor is to notify the Nodal Officer or

his nominee of such discoveries and carry out the Nodal Officer or his nominee’s

instructions for dealing with them.

3.21 Possession of the Site

3.21.1 The Employer shall give possession of all parts of the Site to the Contractor, free from

encumbrances. If possession of a part is not given by the date stated in the Contract Data,

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

a Compensation Event. (Refer Clause ‘A’ of Sec-5)

3.22 Access to the Site

3.22.1 The Contractor shall allow the Nodal Officer or his nominee and any person authorized

by the Nodal Officer or his nominee access to the Site to any place where work in connection

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

where materials or plant are being manufactured, fabricated and/or assembled for the

3.23 Instructions

3.23.1 The Contractor shall carry out all instructions of the Nodal Officer or his nominees

who comply with the applicable was where the Site is located.

3.24.1 If the Contractor believes that a decision taken by the Nodal Officer or his nominee was

either outside the authority given to the Nodal Officer or his nominee by the Contract or

that the decision was wrongly taken, the decision shall be referred to the conciliator within

28 days of the notification of the Nodal Officer or his nominee’s decision. (Refer Clause ‘A’

3.25 Settlement of Disputes (Refer Clause ‘A’ of Sec-5)

3.25.1 If a dispute of any kind whatsoever arises between the Employer and the Contractor in

connection with, or arising out of the Contract or the execution of the Works, whether

during the execution of the Works or after their completion and whether before or after

repudiation or after termination of the Contract, including any disagreement by either party

with any action, inaction, opinion, instruction, determination, certificate or valuation of the

Nodal Officer or his nominee, the matter in dispute shall, in the first place be referred to the

Disputes Review Board [DRD] in case of contracts valuing more than Rs.5 crores and above,

and for contracts valuing less than Rs.5 crores, the disputes will firstly be settled by the

Conciliator, failing which any party may invoke arbitration clause. Unless the Contract has

already been repudiated or terminated or frustrated the Contractor shall in every case,

continue to proceed with the Works with all due diligence and the Contractor and the

Employer shall give effect forthwith to every decision of the Nodal Officer or his nominee

unless and until the same shall be revised, as hereinafter provided, by the conciliator or in

a Dispute Review Board recommendation / Arbitral Award.

3.25.2 Decision by Conciliator

(i) The Conciliator shall give a decision in writing within 28day so receipt of a notification

(ii) Conciliator shall be paid daily at the rate specified in the contract Data together with

reimbursable expenses of the types specified in the contract data and the cost shall

be divided equally between the Employer and the contractor, whatever decision is

reached by the conciliator, either party may refer a decision of the conciliator within

28 days of the conciliator’s written decision. If neither party refers the disputes to

arbitration within 28 days, the conciliators decision will be final and binding.

3.25.3 Arbitration

Any dispute in respect of contracts where party is dissatisfied by the Conciliators decision

shall be decided by arbitration as set forth below:

(i) A dispute with Dispute review expert shall be finally settled by arbitration in

accordance with the Indian Arbitration and Conciliation Act, 1996, or any statutory

amendment thereof. The arbitral tribunal shall consist of 3 arbitrators, one each to

be appointed by the Employer and the Contractor, and the third to be appointed by

the mutual consent of both the arbitrators, falling which by making a reference to

CIDC- SIAC Arbitration Centre from their panel.

(ii) Neither party shall be limited in the proceeding before such arbitrations to the evidence

nor did arguments already put before the Nodal Officer or his nominee or the Board, as

the case may be, for the purpose of obtaining said recommendations/decision. No such

recommendations/decision shall disqualify the Nodal Officer or his nominee or any of

the members of the Board, as the case may be, from being called as a witness and giving

evidence before the arbitrators or any matter whatsoever relevant to the dispute.

(iii) The reference to arbitration shall proceed notwithstanding that the works shall not

then be or be alleged to be complete, provided always that the obligations of the

Employer, the Nodal Officer or his nominee and the Contractor shall not be altered

by reason of the arbitration being conducted during the progress of the works. Neither

party shall have been titled to suspend the works to which the dispute relates, and

payment to the contractor shall be continued to be made as provided by the contract.

(iv) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause [i], within

14 days after receipt of the notice of the appointment of its arbitrator by the other party,

then chairman of the nominated Institution shall appoint arbitrator within 14 days of

the receipt of the request by the nominated institution. A certified copy of the

chairman’s order, making such an appointment shall be furnished to both the parties.

(v) Arbitration proceedings shall be held at, and the language of the arbitration proceeding

and that of all documents and communications between the parties shall be ‘English’

(vi) The decision of the majority of arbitrators shall be final and binding upon both

parties. The expenses of the arbitrators as determined by the arbitrators shall be

shared equality by the Employer and the Contractor. However, the expenses incurred

by each party in connection with the preparation, presentation, etc. of its case prior

to, during and after the arbitration proceedings shall be borne by each party itself.

(vii) All arbitration awards shall be in writing and shall state the reasons for the award.

(viii) Performance under the contract shall continue during the arbitration proceedings and

payments due to the contractor by the employer shall not be withheld, unless they are

subject matter of the arbitration proceedings.

3.26 Replacement of Conciliator (Refer Clause ‘A’ of Sec-5)

3.26.1 Should the Conciliator resign or die, or should the Employer and the Contractor agree that

the conciliator is not fulfilling his functions in accordance with the provisions of the Contract,

a new Conciliator will be jointly appointed by the Employer and the Contractor.

In case of disagreement between the Employer and the Contractor, within 30 days the

Conciliator shall be appointed by the Appointing Authorities designated in the Contract Data

at the request of either party within 14 days of receipt of such request.

B. TIME CONTROL

3.27.1 Within the time stated in the contact data the contractor shall submit to the Nodal officer or

his nominee for approval a program showing the general methods arrangements, order,

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

3.27.2 An update of the program shall be a program showing the actual progress achieved on the

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

to the sequence of the activities.

3.27.3 The contractor shall submit to the Nodal Officer or his nominees, for approval an updated

program at intervals no longer than the period stated in the contract data. If the contractor

does not submit an updates program within this period, the Nodal Officer or his nominee

may withhold the amount stated in the contract data from the next payment certificate and

continue to withhold this amount until the next payment after the date on which the overdue

program has been submitted.

3.27.4 The nodal officer or his nominee’s approval of the program shall not alter the

contractor’s obligations. The contractor may revise the program and submit it to the

nodal officer or his nominee again at any time. A revise program is to show the effect of

variations and compensation events.

3.28 Extension of the intended completion date

The nodal officer or his nominee shall extend the intended completion date if a

compensation event occurs or a variation is issued which makes it impossible for completion

to be achieved by the intended completion date without the contractor taking steps to

accelerate the remaining work and which would cause the contractor to incur additional

cost. The nodal officer or his nominee shall decide whether and by how much to extend the

intended completion date within 21 days of the contractor asking the Nodal Officer or his

nominee for a decision up on the effect of a compensation event or variation and submitting

full supporting information. If the contractor has failed to give early warning of a delay or has

failed to cooperate in assessing the new intended completion date.

3.29 The Early Warning Provisions shall be as per clause

3.30 Delays Ordered by the Nodal Officer or his nominee

3.30.1 The Nodal Officer or his nominee may instruct the contractor to the start or Progress of any

activity within the works.

3.31 Management Meeting

3.31.1 Either the Nodal Officer or his nominee or the contractor may require the other to attend

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

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

3.31.2 The Nodal Officer or his nominee shall record the business of management meetings and is

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

responsibility of the parties for actions to be taken is to be decided by the Nodal Officer or

his nominee either at the management meeting or after the management meeting and state

in writing to all attended the meeting.

3.32 Early warning

3.32.1 The contractor is to warn the Nodal Officer or his nominee at the earliest opportunity of

specific likely future events or circumstances that may adversely affect the quality of the

work, increase the contract price or delay the execution of works. The Nodal Officer or his

nominee may require the contractor to provide an estimate of the expected effect of the event

or circumstances on the contract price and completion date. The estimates are to be

provided by the contractor as soon as reasonably possible.

3.32.2 The contractor shall cooperate with the Nodal Officer or his nominee in making and

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

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

of the Nodal Officer or his nominee.

3.32.3 The Defect Liability period for the contract shall be 12 months from the date issue of

completion certificate.

C. QUALITY CONTROL

3.33 Identify Defects

3.33.1 The Nodal Officer or his nominee shall check the Contractor’s work and notify the Contractor

of any Defects that are found. Such checking shall not affect the Contractor’s responsibilities.

The Nodal Officer or his nominee may instruct the Contractor to search for a Defect and to

uncover and test any work that the Nodal Officer or his nominee considers may have a

3.34.1 If the Nodal Officer or his nominee instructs the Contractor to carry out a test not specified

in the specification to check whether any work has a Defect and the test shows that it does

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

a Compensation Event.

3.35 Correction of Defects

3.35.1 The Nodal Officer or his nominee shall give notice to the Contractor of any Defects

before the end of the Defects Liability Period, which begins at Completion and is defined

in the Contract Data. The Defects Liability Period shall be extended for as long as Defects

remain to be corrected.

3.35.2 Every time notice of a Defect is given the Contractor shall correct the notified Defect within

the length of time specified by the Nodal Officer or his nominee’s notice.

3.36 Uncorrected Defects

3.36.1 If the Contractor has not corrected a Defect within the time specified in the Nodal Officer or

his nominee’s notice the Nodal Officer or his nominee will assess the cost of having the

Defect corrected, and the Contractor will pay this amount.

D. COST CONTROL

3.37 Bill of Quantities

3.37.1 The Bill of Quantities shall contain items for the construction, supply, installation, testing

and commissioning work to be done by the Contractor.

3.37.2 The bill of quantities is used to calculate the Contract Price. The Contractor is paid for the

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

measured by both the representatives.

3.38 Changes in the Quantities

3.38.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities

for the particular item by more than +25 percent provided the change exceeds + 10%

of initial Contract Price, the Nodal Officer or his nominee shall adjust the rate (s), to allow

for the change, in accordance with Clause 3.40.

3.38.2 The Nodal Officer or his nominee shall not adjust rates from changes in quantities if thereby

the initial Contract Price is exceeded by more than 15 percent except with prior approval of

3.38.3 If requested by the Nodal Officer or his nominee where the quoted rate (s) of any item(s)

is/are abnormally high, the Contractor shall provide the Nodal Officer or his nominee with

a detailed cost breakdown of such rate in the Bill of Quantities.

3.39 Variations

3.39.1 All Variations shall be included in updated programs produced by the Contractor.

3.40 Payment for Variations

3.40.1 Variation permitted shall not exceed +25% in quantity of each individual item, and

+10% of the total contract price, within 14 days of the date of instruction for executing

varied work, extra work or substitution, and before the commencement of such work, notice

shall be given either (a) by the contractor to the Employer of his intention to claim

the extra payment or a varied rate or price, or (b) by the Employer to the contractor of his

intention to vary rate or price. (Refer Clause ‘A’ of Sec-5)

3.40.2 For items not existing in the Bill of Quantities or substitution to items in the Bill of Quantities,

rate payable should be determined by methods given below and in the order given below:

1) Rates and prices in Contract, if applicable plus escalation as per contract.

2) Rates and prices in the schedule of rates applicable to the contract plus ruling

3) Market rates of materials and labour, hire charges of plant and machinery used, plus

10% for overheads and profits of Contractors.

3.40.3 For items in the Bill of quantities but where quantities have increased beyond the variation

limits, the rate payable for quantity in excess of the quantity in the Bill of Quantity plus the

permissible variation should be: (Refer Clause ‘A’ of Sec-5)

1) Rates and prices in contract, if reasonable plus escalation, failing Which (ii) and (iii)

below will apply?

2) Rates and prices in the schedule of Rates applicable to the contract plus ruling

3) Market rates of material and labour, hire charges of plant and machinery used plus

15% for overheads and profits of contractor.

3.40.4 If there is delay in the Employer and the contractor coming to an agreement on the rate of

an extra item, rates as proposed by the employer shall be payable provisionally till such time

as the rates are finally determined or till date mutually agreed.

3.40.5 If the Nodal officer or his nominee decides that the urgency of varying the work prevent a

quotation being given and considers not delaying the work, no quotation shall be given and

the variation shall be treated as a Compensation Event.

3.41 Cash flow forecasts

3.41.1 When the program is updated, the contractor is to provide the Nodal Officer or his nominee

with an updated cash flow forecast.

3.42 Payment Certificates

3.42.1 The contractors shall submit to the Nodal Officer or his nominee monthly statements of the

estimated value of the work completed less the cumulative amount certified previously.

3.42.2 The Nodal Officer or his nominee shall check the Contractors’ monthly statement within

days and certify the amount to be paid to the Contractor after taking into account any credit

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

amount and under conditions set forth in sub clause 3.51.6 of the Contract Data (Secured

3.42.3 The value of work executed shall be determined by the Nodal Officer or his nominee.

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

of quantities completed.

3.42.5 The value of work executed shall include the valuation of variations and Compensation

3.42.6 The Nodal Officer or his nominee may exclude any item certified in a previous certificate or

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

later information.

3.43.1 Bills shall be prepared and submitted by the Contractor, joint measurements shall be taken

continuously and need to be connected with billing stage. System of 4 copies of

measurements, one each for Contractor, Employer and Nodal Officer or his nominee, and

signed by both Contractor and Employer shall be followed.

3.43.2 75% of bill amount shall be paid within 14 days of submission of the bill. Balance

amount of the verified bill should be paid within 28 days of the submission. (Refer

Clause ‘A’ of Sec-5)

3.43.3 For delay in payment beyond the periods specified in 3.43.2 above, interest at a pre-

specified rate (suggested rate SBI PLR + 2%) p.a as on due date of payment) should be paid.

(Refer Clause ‘A’ of Sec-5)

3.43.4 Contractor shall submit final Bill within 60 days of issue of defects liability certificate.

Client’s Nodal Officer or his nominee shall check the bill within 60 days after its receipt

and return the bill to Contractor for corrections, if any 50% of undisputed amount shall

be paid to the contractor at the stage of returning the bill. (Refer Clause ‘A’ of Sec-5)

3.43.5 The Contractor should re-submit the bill, with corrections within 30 days of its return by the

Nodal Officer or his nominee. The re-submitted bill shall be checked and paid within

days of its receipt. (Refer Clause ‘A’ of Sec-5)

3.43.6 Interest at a pre-specified rate (suggested rate SBI PLR+ 2% p.a. as on due date of payment)

shall be paid if the bills is not paid within the time limit specified above. (Refer Clause ‘A’

3.43.7 If an amount certified is increased in later certificates as a result of an award by the

Conciliator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment

as set out in this clause. Interest shall be calculated from the date upon which the increased

amount would have been certified in the absence of dispute. (Refer Clause ‘A’ of Sec-5)

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

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

3.44 Compensation Events (Refer Clause ‘A’ of Sec-5)

3.44.1 The following mutually agreed Compensation Events unless they are caused by the

Contractor would be applicable.

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

stated in the Contract Date.

(b) The Employer modifies the schedule of other contractors in a way which affects

the work of the contractor under the contract.

(c) The Nodal Officer or his nominee orders a delay or does not issue drawings,

specifications or instructions required for execution of works on time.

(d) The Nodal Officer or his nominee instructs the Contractor to uncover to carry out

additional tests work which is then found to have no Defects.

(e) The Nodal Officer or his nominee unreasonably does not approve for a subcontract to

(f) Ground conditions are substantially more adverse than could reasonably have been

assumed before issuance of letter of Acceptance from the information issued to Bidders

(including the Site Investigation Reports), from information available publicly and form

a visual inspection of the site.

(g) The Nodal Officer or his nominee gives an instruction for dealing with an unforeseen

condition, caused by the Employer, or additional work required for safety or other

(h) Other contractors, public authorities, utilities or the Employer does not work within the

dates and other constraints stated in the Contract that cause delay or extra cost to the

(i) The advance payment is delayed.

(j) The effect on the Contractor of any of the Employer’s Risks.

(k) The Nodal Officer or his nominee unreasonably delays issuing a Certificate of

(l) Other Compensation Events listed in the Contract Date or mentioned in the

(m) Whenever any compensation event occurs, the contractor will notify the employer,

within 14 days and provide a forecast cost of the compensation event.

3.44.2 If a Compensation Event would cause additional cost or would prevent the work being

completed before the intended Completion Date, the Contract Price shall be increased

and/or the intended Completion Date shall be extended. The Nodal Officer or his nominee

shall decide whether and by how much he Contract Price shall be increased and whether

and by how much the Intended Completion Date shall be extended.

3.44.3 As soon as information demonstrating the effect of each Compensation Event upon the

Contractor’s forecast has been provided by Contractor, it is to be assessed by the Nodal

Officer or his nominee and the Contract Price shall be adjusted accordingly. If the

Contractor’s forecast is deemed unreasonable the Nodal officer or his nominee shall adjust

the Contract Price based on Nodal Officer or his nominee’s own forecast. The Nodal Officer

or his nominee will assume that the Contractor will react competently and promptly to

3.45 Tax (Refer Clause ‘A’ of Sec-5)

3.45.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and other

taxes that the Contractor will have to pay for the performance of this Contract. The Employer

will perform such duties in regard to the deduction of such taxes at sources as per applicable

law. Any new Taxes, levies, duties imposed after signing the Contract shall be reimbursed

by the employer on production of documentary evidence.

3.46 Currencies

3.46.1 All payments shall be made in Indian Rupees unless specifically mentioned.

3.47 Price Adjustment (Refer Clause ‘A’ of Sec-5)

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

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

and as per formula given. The price adjustment shall apply for the work done from the start

date given in the Contract data up to end of the initial intended completion date or

extensions granted by the Nodal Officer or his nominee and shall not apply to the work

carried beyond the stipulated time for reason attributable to the contractor.

(i) Price adjustment for increase or decrease in the cost shall be paid in accordance with

the following formula:

V = Variation in price on account of Labour/ Diesel/ Cement/ Steel/ All Commodities

during the month under consideration.

Po = Market rate of Diesel/ Cement/ Steel/ All Commodities on the date of opening of

Technical bid. (Consumer Price Index for Labour).

P = Market rate of Diesel/ Cement/ Steel/ All Commodities during the month under

consideration. (Consumer Price Index for Labour).

Q = Percentage of Labour/ Diesel/ Cement/ Steel/ All Commodities.

R = Value of work done during the month under consideration.

Note: i) Escalation to be computed for relevant items. Percentage that shall govern the

escalation under Q shall be predetermined and indicated in tender document for

each component i.e. Labour, Fuel, Cement, Steel, All commodities etc.

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

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

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

other rise or fall in costs.

SUBSEQUENT LEGISLATION

If, after the date 28 (Twenty eight) prior to the date for submission of tenders for the

contract there occur changes to any National or Statute Stature, Ordinance or Decree or

other law or any regulation or bye law of any local or other duly constituted authority or

introduction of any such statute, ordinance, decree, law, regulation or bye law which

causes additional or reduced cost to the contractor in execution of the contract, such

additional or reduced cost shall, after due consultation with the employer and the contractor

be determined by the nodal officer or his nominee and shall be added to or deducted from

the contract price and the nodal officer or his nominee shall notify the contractor

accordingly with a copy to the employer.

3.48.1 The employer shall retain from each payment due to the contractor the proportion stated

in the contract data until completion of the whole of the works.

3.48.2 Retention money shall be deducted at 5% from each running bill, subject to a max. of

percent of the contract price. Retention money shall be refunded within 14 days from the

date of payment of final bill.

3.49 Liquidated damages

(A) In case of delay in completion of the contract, liquidated damages (L.D) may be levied at

the rate of ½ % of the contract value per week of delay or part thereof, subject to a

maximum of 10 percent of the contract price.

(i) The owner if satisfied, that the works can be completed by the contractor within a

reasonable time after the specified time for completion, may allow further extension

of time at its discretion with or without the levy of L.D. In the event of extension of

time at its discretion with L.D, the owner will be entitled without prejudice to any

other right or remedy available in that behalf per cent (1/2%) of the contract value

of the works for each week or part of the week subject to the ceiling defined in sub-

(ii) The owner, if not satisfied that the works can be completed by the contractor,

and in the event of failure on the part of the contractor to complete work with in

further extension of time allowed as aforesaid, shall be entitled, without prejudice to

any other right, or remedy available in that behalf, to rescind the contract.

(iii) The owner, if not satisfied with the progress of the contract and in the event of failure

of the contractor to recoup the delays in the mutually agreed time frame, shall be

entitled to terminate the contract. In the event of such termination of the contract as

described in clauses 3.49A (ii) or 3.49A (iii) or both the owner shall be entitled to

recover L.D. up to ten per cent (10%) of the contract value and forfeit the security

deposit made by the contractor besides getting the work completed by other means

at the risk and cost of the contractor.

(iv) The ceiling of LD shall be 10% of the cost of work.

(v) In case part / portions of the work can be commissioned and port operates the

portion for commercial purpose, the rate of LD will be restricted to the uncompleted

value of work, the maximum LD being on the entire contract value.

Note: Contract price (Excl. GST) for LD shall be inclusive of tender price plus taxes and duties.

3.50 Incentives or Bonus (Refer Clause ‘A’ of Sec-5)

For early completion of the contract before the stipulated date of completion of work an

incentive amount at the rate of 0.25 % contract price may be paid to the Contractor for every

fortnight of early completion, subject to a maximum of cap of 5% of the contract price.

The Port, if satisfied, that the works can be completed by the contractor within a reasonable

time after the specified time for completion, may allow extension of time at its discretion, by

virtue of which the contractor make himself eligible for incentive, the extension shall be

considered only till the actual date of completion and no incentive shall be payable. For

calculation of incentive payment, contract price shall be exclusive of tender price plus taxes

3.51 Advance payment Mobilization Advance (Refer Clause ‘A’ of Sec-5)

(a) The Mobilization advance shall not be sanctioned in less than two installments. The

second installment is sanctioned only after proper utilization of advance disbursed in

first phase and a certification to this effect by E-I-C.

(b) The advance shall be limited to 10% of tendered amount.

(c) Interest free advance shall not be granted, Rate of interest shall be SBI Lending rate +2%

(d) The mobilization advance shall be released only after obtaining a bank Guarantee bond

from a nationalized bank for 110% (as per latest CVC directions) of amount of advance

to be released and valid for the contract period. This shall be kept renewed time to time

to cover the balance amount and likely period to complete recovery together with

(e) The original bank guarantee should be received by DPA directly from the issuing

authority by Registered Post [AD]. However, in exceptional cases, where the guarantee

is handed over to the customer for any genuine reasons, the branch should immediately

send by Registered Post [AD] an unstamped by the E-I-C.

(f) The interest on the advance shall be calculated from the date of payment to the date of

recovery, both days inclusive

(g) It shall be ensured that at any point of time, Bank Guarantee is available for the amount

of outstanding advance.

(h) The recovery should be commenced after 10% of work is completed and the entire

amount together with interest shall be recovered by the time 80% of the work is

completed. However, the interest recovery shall be effected immediately from the 1st

release of payments towards execution of the work.

(i) If the contractor fails to achieve the targeted progress at the end of 50% of time period

the mobilization advance may be recovered by enchasing the bank guarantee, provided

no hindrance/delay was caused by the department.

3.52 Performance Securities (Refer Clause 5.78 of Sec-5)

Security deposit shall consist of two parts; a) Performance Guarantee to be submitted at

award of work, and b) Retention money to be recovered from Running Bills.

Security Deposit/ Performance guarantee shall be 10% of Contract price of which 5% of

contract price should be submitted as FDR or Insurance Surety Bond / Bank Guarantee of

Nationalized/scheduled bank (except Co-operative) Banks having its branch at

Gandhidham, and BG should remain valid for 60 (Sixty) days beyond the date of completion

of all contractual obligation of the concern contract including Defect liability period or

Digital transfer within (21 days in case of domestics bid and within 28 days in case of global

bids) of receipt of letter of acceptance and balance 5% recovered as Retention Money from

Running Bills. Recovery of 5% of Retention Money to commence from the first bill onwards

@ 5% of bill value from each bill. Retention Money be refunded within 14 days from the date

of payment of final bill. Balance SD to be refunded immediately not later than 14 days from

completion of defect liability period, (Subject to fulfilment of clause no 5.24), NOC from

Geology and Mining Department, Bhuj/Anjar & Payment of welfare cess for final bill.

In addition to performance security (usually five percent), contracts for works usually

provide for a percentage (usually five percent) of each running bill (periodic/interim

payment) to be withheld as security deposit/retention money until final acceptance. The

earnest money instead of being released may form part of the security deposit.

The contractor may, at his option, replace the retention amount with an unconditional BG

from a bank acceptance to the procuring entity at the following stages;

I. After the amount reaches half of the value of the limit of retention money and

II. After the amount reaches the maximum limit of retention money. One-half of the retention

money (of BG, which replaced retention money) shall be released on the issue of the taking-

over certificates (TOCs) are issued in parts, then in such proportions as the engineer may

determine, having regard to the value of such part or section. The other half of the retention

money (or BG, which replaced the retention money) shall be released upon expiration of

365 days after the DLP of the work or final payment, whichever is earlier on certification by

the engineer. In the event of different applicable to different defect liability periods being

applicable to different sections or parts, the expiration of defect liability period shall be the

latest of such periods.

In case of JV, the BG towards performance security shall be provided by all partners in

proportion to their participation.

Failure of the successful bidder to comply with the requirements of above shall constitute

sufficient grounds for cancellation of the award of work and forfeiture of the Bid security.

The documentary evidence (copy of paid Challan in Govt. Treasury) of Welfare cess @1% of

work done or as amended by Statutory Authority from time to time, paid on final bill shall

be submitted before releasing the Performance Guarantee.

3.54 Cost of Repairs

3.54.1 Loss or damage to the works or materials to be incorporated in the works between the start

date and the end of the defects correction period shall be remedied by the Contractor at the

Contractors cost if the loss or damage arises from the Contractors acts or omissions.

E. FINISHING THE CONTRACT

3.55 Completion

3.55.1 After completion of the work, the contractor will serve a written notice to the Nodal Officer

or his Nominee/Employer to this effect. The Nodal officer or his Nominee/Employer upon

receipt of this notice shall conduct a complete joint survey of the work within 7 days and

prepare a defects list jointly. The defects pointed out by the Nodal Officer or his

nominee/Employer would be rectified by the contractor within 14 days and thereafter

acceptance report be signed jointly by the contractor and the employer. This joint

acceptance report shall be treated as “completion Certificate”.

3.56 Taking over

3.56.1 The employer shall take over the site and the works within seven days of the Nodal Officer

or his nominee issuing a certificate of completion.

3.57 Final Account

3.57.1 The Contractor shall supply to the Nodal Officer or his nominee a detailed account of the

total amount that the Contractor considers payable under the contract before the end of the

total amount that the Contractor considers payable under the contract before the end of the

Defects Liability period. The Nodal Officer or his nominee shall issue a defects liability

certificate and certify any final payment that is due to the contractor within 60 days of

receiving the contractor’s account if it is correct and complete. If it is not, the Nodal Officer

or his nominee shall issue within 15 days a schedule that states the scope of the corrections

or additions that are necessary for the correction and certify payment of 50% of the

undisputed amount to the contractor.

If the final account is still unsatisfactory after it has been resubmitted the Nodal Officer

or his nominee shall decide on the amount payable to the contractor and issue a

payment certificate, within 60 days of receiving the contractor’s revised account.

3.58 Operating and Maintenance Manuals

3.58.1 If “as built” Drawings and /or operating and maintenance manuals are required, the

contractor shall supply them by the dates stated in the Contract Data.

3.58.2 If the contractor does not supply the drawings and /or manuals by the dates stated in the

contract data, or they do not receive the Nodal Officer or his nominee’s approval, the Nodal

Officer or his nominee shall withhold the amount stated in the contract data from payments

due to the contractor.

3.59 Termination

3.59.1 The employer or the Contractor may terminate the contract if the other party causes a

fundamental breach of the contract.

3.59.2 Fundamental breaches of contract include, but shall not be limited to the following:

(a) The contractor stops work for 28 days when no stoppage of work is shown on the

current program and the stoppage has not been authorized by the Nodal Officer or his

(b) The Nodal Officer or his nominee instructs the contractor to delay the progress of the

work and the instruction is not withdrawn within28 days.

(c) The employer or the contractor becomes bankrupt or goes into liquidation other than

for a reconstruction restructure or amalgamation.

(d) A payment certified by the Nodal Officer or his nominee is not paid by the employer to

the contractor within 50 days of the date of the Nodal Officer or his nominee’s certificate.

(e) The Nodal Officer or his nominee gives Notice the failure to correct a particular defect

is a fundamental breach of contract and the contractor fails to correct it within a

reasonable period of time determined by the Nodal Officer or his nominee.

(f) The contractor does not maintain a security which is required.

(g) The contractor has delayed the completion of works by the number days for which the

maximum number of liquidated damages can be paid as defined in the contract data and

(h) If the contractor, in the judgment of the employer has engaged in corrupt or fraudulent

practices in competing for or in the executing the contract.

(i) If the contractor has contravened clause 1.37 and clause 3.9 of condition of contract. For

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

soliciting of anything of value to influence the action of public officials in the

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

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

execution of a contract to the detriment of the employer, and includes collusive

practice. Bidders (prior to or after bid submission) designed to establish bid prices

at artificial non- competitive levels and to deprive the employer of the benefits of

free and open competition”.

3.59.3 When either party to the contract gives notice of a breach of contract to the Nodal Officer or

his nominee for a cause other than those listed under sub Clause. 3.59.2 Above, the Nodal

Officer or his nominee shall decide whether the breach is fundamental or not.

3.59.4 Notwithstanding the above, the employer may terminate the contract for convenience

subject to payment of compensation to the contractor including loss of profit on

uncompleted works. Loss of profit shall be calculated on the same basis as adopted for

calculation of extra/additional items.

3.59.5 If the contract is terminated the Contractor shall stop work immediately, make the site safe

and secure and leave the site as soon as reasonably possible.

3.60 Payment upon Termination

3.60.1 If the contract is terminated because of a fundamental breach of contract by the

contractor, the Nodal Officer or his nominee shall issue a certificate for the value of the

work done less advance payments received up to the date of the issue of the certificate,

less other recoveries due in terms of the contract, less taxes due to be deducted at source

as per applicable law and less the percentage to apply to the work not completed as

indicated in the contract data. Additional liquidated damage shall not apply if the total

amount due to the employers exceeds any payment due to the contractor, the difference

shall be payable to the employer.

3.60.2 If the contract is terminated at the employer’s convenience or because of a fundamental

breach of contract by the employer, the Nodal Officer or his nominee shall issue a certificate

for the value of the work done, the reasonable employed solely on the works, and the

contractor’s costs of protecting and securing the works and loss of profit on uncompleted

works less advance payments received up to the date of the certificate, less other recoveries

due in terms of the contract and less taxes due to be deducted at source as per applicable

3.61.1 All materials on the Site, Plant, Equipment, Temporary Works and Works for which payment

has been made to the contractor by the Employer, are deemed to be the property of the

Employer, if the Contract is terminated because of a Contractor’s default.

3.62 Release from Performance

3.62.1 If the Contract is frustrated by the outbreak of war or by other event entirely outside the

control of either the Employer or the Contractor, the Nodal Officer or his nominee shall

certify that Contract has been frustrated. The Contractor shall leave the Site and stop work

as quickly as possible after receiving this certificate and shall be paid for all work carried out

before receiving it and for any work carried out afterwards to which commitment was made.

F. SPECIAL CONDITIONS OF CONTRACT

The contractor shall, unless otherwise provided in the Contract, make his own

arrangements for the engagement of all staff and labour, local or other, and for their

payment, housing, feeding and transport.

The Contractor shall, if required by the Nodal Officer or his nominee, deliver to the Nodal

Officer or his nominee a return in detail, in such form and at such intervals as the Nodal

Officer or his nominee may prescribe, showing the staff and numbers of the several

classes of labour from time to time employed by the Contractor on the Site and such

other information as the Nodal Officer or his nominee may require.

2. COMPLIANCE WITH LABOUR REGULATIONS:

During continuance of the contract, the Contractor and his sub-contractors shall abide

at all times by all existing labour enactment and rules made there under, regulations,

Notifications and by laws of the State or Central Government or local authority and any

other labour law (including rules) regulations, bye laws that may be passed or

notification that may be issued under any labour law in future either by the State or

Central Government or the local authority. Salient features of some of the major labour

laws that are applicable to construction industry are given below.

The Contractor shall keep the Employer indemnified in case any action is taken against

the employer by competent authority on account of contravention of any of

the provisions of any Act or rules made there under, regulations or notifications

including amendments. If the Employer is caused to pay or reimburse such amounts as

may be necessary to cause or observe, or for non-observance of the provisions

stipulated in the notifications/bye laws/Acts/Rules /regulations including

amendments, if any, on the part of the Contractor the Nodal Officer or his

nominee/Employer shall have the right to deduct any money due to the Contractor

including his amount of performance security. The Employer/Nodal Officer or his

nominee shall also have right to recover from the Contractor any sum required or

estimated to be required for making good the loss or damage suffered by the Employer.

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

as the employees of the Employer at any point of time.

3.64 INTEGRITY PACT

INTEGRITY PACT IN DEENDAYAL PORT AUTHORITY

The Central Vigilance Commission (CVC) has been promoting integrity, transparency, equity and

competitiveness in transactions by various organizations of the Government of India. Public

procurement is an area of concern for the CVC, and many steps have been taken to put proper

systems in place. In this context, Integrity Pact (IP), a tool conceptualized and promoted by

Transparency International, an international NGO, aimed at preventing corruption in public

contracting, has been found useful. It has been decided by Ministry of Shipping that all

organizations under the Ministry will implement IP. IP should cover every tender / procurement

above a specified threshold value. The threshold value of contracts / procurements / transactions

incorporating IP would be such that it covers 90% by value of all contracts / procurements /

transactions of the organization in the last 3 years. Presently the threshold is fixed as Rs.50 Lakhs.

IP essentially envisages an agreement between prospective vendors / bidders, and Deendayal

Port Authority, committing the persons / officials of both sides not to resort to any corrupt

practice in any aspect of the contract at any stage. Only those vendors / bidders, who commit

themselves to IP with DPA, would be considered competent to participate in the bid process. Any

violation would entail disqualification of the bidders and exclusion from future business dealings.

IP, in respect of a particular contract should cover all phases of the contract, from the stage of

Notice inviting Tender (NIT) / pre-bid stage, till the conclusion of the contract, i.e. final payment

or the warranty / guarantee period. IP would be implemented through Independent External

Monitor (IEM), who are eminent persons appointed by the organization, with approval of CVC.

The term of appointment for an IEM would be 3 years. Name of the IEM will be mentioned in NIT.

The IEM would review independently and objectively assess, as to whether and to what extent

parties have complied with their obligations under the IP. IEM would have access to all contract

documents, whenever required. The bidders may raise disputes / complaints if any, with the

IEM. The IEM would examine complaints received by them and give their recommendations /

views to the Chairman of Port Authority. Recommendations of IEM would be in the nature of

advice and would not be legally binding.

Their role is independent in nature and the advice once tendered would not be subject to review

at the request of the organization. Shri Amiya Kumar Mohapatra, IFoS (Retd.) and Dr. Gopal

Dhawan, Ex-CMD, MECL, has been appointed IEM by DPA from 2024. Draft condition to be

incorporated in the Draft Tender papers 1) Then bidder has to execute Integrity pact agreement

with Deendayal Port Authority (As per Appendix ) Shri Amiya Kumar Mohapatra, IFoS (Retd.) and

Dr. Gopal Dhawan, Ex-CMD, MECL has been nominated as Independent External Monitor for

Integrity Pact whose address is as under;

1. Shri Amiya Kumar Mohapatra, IFoS (Retd.)

Qrs. No. 5/9, Unit-9, Bhoi Nagar,

Bhubaneswar-751

Email: [email protected]

2. Dr. Gopal Dhawan, Ex-CMD, MECL, House no.

120, Jal Shakti Vihar (NHPC Society) P4, Builders

area, Greater Noida Gautam Budh Nagar, Utter

Email: [email protected]

The potential bidders shall download and print the IP Agreement signed by the Employer

and their witness and affix his/her signature on the IP Agreement in the presence of a

witness from his/her side, who shall also affix his/her signature thereof. Having completed

the signing procedure, the potential Bidder shall upload the duly filled and signed IP

Agreement on n-procure portal.

The procedure mentioned above regarding signing of Integrity Pact Agreement by both the

parties (Employer and Potential bidders) shall be completed online. However, in case of

any technical glitch due to which if any potential bidder is unable to upload the IP

Agreement, then he/ she shall submit the Hard Copy of the dully filled, signed IP Agreement,

to the Department concerned of DPA within a period of seven days and prior to opening of

the Technical Bid, failing which Bid of potential Bidder shall be treated as disqualified

SALIENT FEATURES OF SOME MAJOR LAWS APPLICABLE TO ESTABLISHMENTS

ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK.

(a) Workmen Compensation Act 1923: - The act provides for compensation in case of

injury by accident arising out of and during the course of employment.

(b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the Act

on satisfaction of certain conditions on separation if an employee has completed

years’ service or more on death at the rate of 15 days’ wages for every completed

year of service. Act is applicable to all establishments employing 10 or more

(c) Employees P.F and Miscellaneous Provision Act 1952: - The Act Provides for monthly

contribution by the employer plus workers @ 12%/8.33%. the benefits payable under

(i) Pension to family pension retirement or death, as the case may be. (ii) Deposit

linked insurance on the death in harness of the worker, (iii) payment of P.F

accumulation on retirement/death etc.

(d) Maternity Benefit Act 1951: - The Act provides for leave and some other benefits to

workmen/ employees in case of confinement or miscarriage etc.

(e) Contract Labour (Regulation & Abolition) Act 1970: - The Act provides for certain

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

Contractor fails to provide, the same are required to be provided, by the Principal

Employer by Law. The Principal Employer is required to take Certificate of Registration

and the Contractor is required to take license from the designated Officer. The Act is

applicable to the establishments or Contractor of Principal Employer if they employ 20 or

more contract labour.

(f) Minimum Wages Act 1948: - The Employer is supposed to pay not less than the

Minimum Wages fixed by appropriate Government as per provisions of the Act if the

employment is a scheduled employment Construction of Buildings, Roads, Runways are

scheduled employment.

(g) Payment of Wages Act 1936: - It lays down as to by what date the wages are to be paid

when it will be paid and what deductions can be made from the wages of the workers.

(h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages for work

of equal nature to Male and Female workers and for not making discrimination against

Female employees in the matters of transfers, training and promotions etc.

(i) Payment of Bonus Act 1965: - The Act is applicable to all establishments employing

20 or more employees. The Act provides for payments of annual bonus subject to a

minimum of 8.33% of wages and maximum of 20% of wages to employees drawing

Rs.3500/- per month or less. The bonus to be paid to employees getting Rs.2500/- per

month or above up to 3500/- per month shall be worked out by taking wages as

Rs.2500/- per month only. The Act does not apply to certain establishments. The newly

set-up establishments are exempted for five years in certain circumstances. Some of the

State Governments have reduced the employment size from 20 to 10 for the purpose of

applicability of this Act.

(j) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for

resolution of industrial disputes, in what situations a strike or lockout becomes illegal

and what are the requirements for laying off or retrenching the employees or closing

down the establishment.

(k) Industrial Employment’s (Standing Orders) Act 1946: - It is applicable to all

establishments employing 100 or more workmen (employment size reduced by some

of the States and Central Government to 50). The provides for laying down rules

governing the conditions of employment by the Employer on matters provided in the

Act and get same certified by the designated Authority.

(l) Trade Unions Act 1926: - The Act lays down the procedure for registration of trade

union of workmen and employers. The Trade Union registered under the Act have been

certain immunities from civil and criminally abilities.

(m) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits employment of

children below 14 years of age in certain occupations and processes and provides for

regulation of employment of Children in all other occupations and processes.

Employment of Child Labor is prohibited in Building and Construction Industry.

(n) Inter-State Migrant Workmen’s (Regulation of Employment & Conditions of Service) Act

The Act is applicable to an establishment which employs 5 or more inter-state migrant

workmen through an intermediary (who has recruited workmen in one state for

employment in the establishment situated in another state). The Inter- State migrant

workmen, in establishment to which this Act becomes applicable, are required to be

provided certain facilities such as housing, medical aid, travelling expenses from home

upon the establishment and back, etc.

(o) The Building and Other Construction workers (Regulation of Employment and

Conditions of Service Act 1996 and the Cess Act of 1996: - All the establishments who

carry on any building or other construction work and employs 10 or more workers are

covered under this Act. All such establishments are required to pay cess at the rate not

exceeding 2% of the cost of construction as may be modified by the Government. The

Employer of the establishment is required to provide safety measures at the Building

or Construction work and other welfare measures, such as Canteens, First- Aid

facilities. Ambulance, Housing accommodations for workers near the work place etc.

The Employer to whom the Act applies has to obtain a registration certificate from the

Registering Officer appointed by the Government.

(p) Factories Act 1948: - The Act lays down the procedure for approval at plans before

setting up a factory, health and safety provisions, welfare provisions, working hours,

annual earned leave and rendering information regarding accidents or dangerous

occurrence to designated authorities. It is applicable to premises employing

persons or more with aid of power or 20 more persons without the aid of power

engaged in manufacturing process.

Contractor Executive Engineer (H)

Deendayal Port Authority

Items marked “N/A does not apply in this contract.

The following documents are also part of the contract clause reference

The schedule of other contractors (3.8) N.A.

The schedule of key personnel (3.9) N.A.

The above insertions should correspond to the information provided in the invitation of

The employer is

Deendayal Port Authority

Address: A.O. Building, P.O. Box No. 50, Gandhidham - 370201, Gujarat State, India

Employer’s authorized representative is Chief Engineer Deendayal Port Authority.

The nodal officer or his nominee is

EXECUTIVE ENGINEER (H),

HARBOUR DIVISION,

DEENDAYAL PORT AUTHORITY,

NIRMAN BHAVAN, ROOM NO.

1ST FLOOR, NEW KANDLA – 370

KUTCH DISTRICT,

GUJARAT STATE, INDIA

Nodal officer’s authorized representative is AXEN / AE

The conciliator appointed jointly by the employer and contractor is: (Not Applicable)

Name:- Not Applicable

Address:- Not Applicable

The name and identification number of the contract is “Development of car carrier facility at

cargo berth no.01 at Kandla”

The works consist of “Development of car carrier facility at cargo berth no.01 at Kandla”

The start date shall be

The intended completion date for the whole of the work is 18 (Eighteen) Months.

The following documents also form part of the contract

The contractor shall submit a program for the works immediately after delivery of the letter

The site possession dates shall be given after the award of work. The defect liability period is

Months (3.35). The minimum insurance cover for physical property, injury and death is Rs.20.00

lakhs per occurrence with the number of occurrences limited to four. After each occurrence,

contractor will pay additional premium necessary to make insurance valid for four occurrences

Appointing authority for the Arbitrator is Chairman, DPA.

The following events shall also be Compensation Events. (3.44) N.A.

1. The Employer terminates the Contract from his convenience.

The period between programme updates shall be 15 days. (3.27)

The language of the contract documents is English (3.3)

The law, which applies to the contract, is law of Union of India (3.3)

The currency of the contract is Indian rupees (3.46)

Fees and types of reimbursable expenses to be paid to the

Dispute Review Expert (3.25)

Appointing authority for the Arbitrator is Chairman, DPA. Escalation is

Payable for contracts as per clause no. 47 of section – 3, N.A.

subjected to Special condition provision.

SPECIFICATIONS AND SPECIAL CONDITIONS

FOR CIVIL WORKS

A. SPECIAL CONDITIONS

5. 0 Special Condition

The conditions of contract of Section 1 to 4 (hereinafter called as the General conditions)

modified or added to by the following part i.e. Section-5, conditions of particular application

which shall be read and construed with the General Conditions as if they were incorporated

In so far as any of the conditions of particular application may conflict or be inconsistent with

any of the General Conditions, particular Section-5 shall prevail.

5.01 The following clauses of the INSTRUCTION TO THE BIDDERS (Section– I) will not be

applicable, which is supersedes the earlier.

(b) Clause 1.4.4

(c) Clause 1.8.2 (Bidding documents),

(d) Clause 1.19.1(A), 1.19.2, 1.19.3, 1.20.1 (sealing and marking of bids)

(e) Clause 1.22.2 (Modification of withdrawal of Bid)

(g) Clause 1.26.4

(h) Clause 1.27.1, 1.27.2 (Correction of errors)

(i) Clause 1.35 (Advance payment)

(j) Clause 1.36.1 (Conciliator)

5.02 The following clauses of Section-II will not be applicable, which is supersedes the earlier.

(a) The clauses c, d, g of the Specimen for form of Bid.

(b) Table at Sr.No.7of Information required by the employer (Section-2)

5.03 The following clauses of the CONDITION OF CONTRACT (Section-III) will not be

applicable, which is supersedes the earlier.

(a) Clause 3.8 (Sub-contracting), 3.9 (Personnel)

(b) Clause 3.21.1 (Possession of site)

(c) Clause 3.24.1 (Disputes)

(d) Clause 3.25.1, 3.25.2, 3.25.3 (Settlement of disputes, decision by Conciliation,

(e) Clause 3.26.1 (Replacement of Conciliator), 3.40.1, 3.40.3

(g) Clause 3.44.1, 3.44.2, 3.44.3 (Compensation events)

(h) Clause 3.45 (Tax), 3.47 (price Variation)

(i) Clause 3.50 (Incentive or Bonus)

(j) Clause 3.51 (Advance Payment)

5.04 The following clauses (Section-4 to 8) will not be applicable, which is supersedes.

(a) Conciliator is not applicable under contract date of (section–4)

(b) Compensation Events and escalation in Contract Data (Section-4)

(c) The form for Dispute Review Board Agreement (section–8) & Exception & Deviations (Section-

(d) The form for specimen Bank Guarantee for advance payment (Section -8).

(e) The form for specimen Bank Guarantee for stage payment (Section -8).

5.05 The following Existing clauses are Modified as under;

(a) Section-1; Clause No. 1.4.2 d; Major items of construction equipment available

with the bidder

(b) Section 2; Table 5 The list of Equipment available with bidder

(c) Section 2 Table 6 Qualification and experience of key personnel available with the

bidder. Attach biographical data.

(d) Section-1; Clause No. 1.5.2; Section: Clause

Companies/Contractors may jointly undertake contract/contracts. The number of Partners in

JV/Consortium shall be limited to maximum of three. Each entity would be jointly and severely

responsible for completing the task as per the contract, however declaration of the Lead member to

be indicated by bidders, however JV has to designate in their MOU. The firms with at least 26%

equity holding each be allowed to jointly meet the eligibility criteria.

i. A legally binding Joint venture / Consortium Agreement signed by authorized signatories of all

the partners of the JV/Consortium, as per the proforma at section -8 shall be enclosed with the

ii. Power of attorney duly executed and signed by legally authorized signatories of all the partners,

authorizing the Lead Partner (a) to submit bid, negotiate and conclude contract and incur all

liabilities therewith on behalf of the partner(s) of the JV/Consortium during the bidding process;

and (b) in the event of a successful bid, to incur liabilities and receive instructions for and on

behalf of the partner(s) of the JV

/Consortium and to carry out the entire execution of the contract including payment, exclusively

through Lead Partner, as per the proforma of power- of- attorney for lead member of JV/

consortium at Section -8, which shall be duly authenticated by a notary public or equivalent

certifying authority, shall be enclosed with the bid.

iii. The bid and in the case of the successful bidder, the Agreement, shall be signed and

/ or executed in such a manner for making it legally binding on all partners (including operative

parts of the ensuing Contract in respect of Agreement of Arbitration, etc.). The Contract shall be

signed by legally authorized signatories of all partners.

iv. The Lead Partner shall be authorized to receive instructions for and on behalf of the partners

of the Joint venture and entire execution of the Contract including payment shall be carried out

exclusively through the Lead Partner. A Statement to this effect should be included in the Joint

Venture Agreement.

v. All partners of the Joint Venture shall be liable jointly and severally for the execution of the

Contract in accordance with the Contract terms, and a Statement to this effect should be

included in the Joint Venture Agreement.

vi. Bid Security as required shall be furnished by Lead Member of Joint venture.

vii. In case of a JV, the BG towards performance security shall be provided by

all partners in proportion to their participation in the project.

viii. Participation by a firm in more than one JV /Consortium is not permissible. A firm who submits

bid on individual capacity is not eligible to be a partner of a JV/Consortium. In case a firm's name

appears in more than one bid then both application may be rejected.

ix. Each partner must submit the complete documentation, or portions applicable thereto, required

qualifying the firm forbidding.

x. All the partners of the JV/Consortium shall be jointly and severally liable for due performance,

recourse/sanctions within the joint venture in the event of default of any partner and

arrangements for providing the required indemnities.

xi. Notwithstanding demarcation or allotment of work among the partners, each partner shall be

liable for non-performance of the whole contract irrespective of their demarcation or share of

xii. The Lead Partner shall be authorized to act on behalf of the JV/Consortium.

xiii. All the correspondences between the Employer and the contractor shall be routed through the

xiv. In the event of default by the Lead Partner, it shall be construed as default of the Contractor; and

Employer will take action under relevant clause(s) of the Bid Document and/or General Terms

and Conditions of Contract.

xv. An undertaking that all the partners are jointly and severally liable to the Employer for the

performance of the contract shall be enclosed with the bid.

xvi. In the event of any partner leaving the JV, it shall be intimated to the Employer within 30 days

by other partner(s). Failure to do so shall be construed as default of the contractor and the

Employer may take action under relevant clause(s) of the Bid Document and/or General

Terms and Conditions of Contract.

xvii. The contractor shall not alter its composition or legal status without the prior written

permission of the Employer. Failure to do so shall be construed as default of the contractor and

the Employer may take action under relevant clause(s) of the Bid Document and/or General

Terms and Conditions of Contract.

xviii. One of the partners of JV/Consortium should have downloaded the bid documents.

5.06 Bidders are advised to consider the below points while submitting the offer:

i) If multiple bidders submit work experience showing the same/particular work, then such

experience will be considered of Main Contractor.

ii) If tendered/bidder completed the works in private organization as stipulated in Minimum

Qualification Criteria (work experience) shall be considered only if CA certifying value of work

done with TDS certificates (where applicable) / Bank statement will be required with respect to

referred work is issued by Competent Authority needs to be enclosed by the tenderer along with

iii) If the work is completed successfully and contract is under maintenance period, such works are

considered as a completed works for evaluation purposes. In such cases, completion cost

excluding AMC works shall be considered for evaluation purpose.

iv) In case of any contract having material and labour components are controlled at different heads,

in such cases the value of work indicated in work order and respective completion certificates

only considered for experience.

v) If the tenderer have successfully Substantially completed /completed the work (date of

completion of work i.e. physically/actually completion irrespective of maintenance period)

during last 7 years ending last day of month previous to the one in which applications are invited

irrespective of date of commencement / start of work. Such experience of work is also

considered for evaluation in work experience.

vi) If the tenderer has executed “Similar works" in any Contract/Project/BOT Project/Turnkey

Project etc. In those particular Projects/Contracts, if the cost of “Similar Work" means

Construction of Marine Structures like Berth/Jetty/Quay/Wharf, etc. Allied structure if executed

along with Berth/Jetty/Quay/Wharf, etc. including piling works meets the requirement of MQC,

such experience shall also be considered for evaluation.

vii) If the similar work is executed as sub-contractor, it is mandatory to upload the sub- contract

permission letter obtained from the Govt./Public Sector officer in case work belongs to the

Govt./Public Sector, or from the owner of the project in case work belongs to private

organization. Also the completion certificate/form 3A authenticated by concern

Govt./Public Sector officer or owner of the project shall be uploaded along with TDS

certificate deducted from that particular work issued by the competent authority shall be

submitted along with bid submission.

5.07 GST REGISTRATION

The GST Registration No. should be invariably mentioned in the bid tender quotation failing which bid/

tender quotation will be considered as non – responsive and be liable for discharge.

5.08 GOODS & SERVICE (GST) CLAUSE

The quoted rate of the tenderer shall be inclusive of all taxes and duties excluding applicable GST.

The Contractor may raise GST invoice as monthly running bills notwithstanding the payment

from DPA. The Contractor has to comply the GST remittance and filing as per statutory

requirements. GST will be reimbursed separately on confirmation of credit in DPA GST Portal.

DPA shall deduct TDS from the claim bill as per the statutory provisions of prevailing laws

(i) The contractor shall quote the price exclusive of GST. The contractor shall quote prevailing

GST rate separately, which shall be reimbursed by DPA after ascertaining necessary

compliance as per Goods & Service Tax Act,

(ii) All other duties, taxes, cess, applicable if any, shall be borne by the contractor.

(iii) TDS under GST Act is required to be deducted @2% (1% CGST and 1% SGST or 2% IGST) or

as admissible from payment /credit given to the contractor.

(iv) The element of GST will not be considered for evaluation of financial purpose.

(v) Contractor/service provider/supplier etc. has to ensure timely & proper filling of GSTR 1 so

that Deendayal Port Authority can avail input tax credit in timely manner. In case DPA not

allowed input credit due to failure of part of the contractor/service provider/supplier etc., it

will be a financial loss to DPA & therefore same shall be recovered from the payment/deposit

of the contractor/service provider/supplier.

Also change if any in the Government Policy or Amendment in Tax structure the same will be

applicable from time to time.

5.08.1 TDS ON GST

TDS provision under GST Acts, 2017 are in force from 01.10.2018 and accordingly TDS under GST Act

will be deducted @ 2 % (1% CGST and 1 % SGST or 2 % IGST) from payment/ credit give to contractor/

professional and other for work order / contract exceeding Rs.2,50,000/-

5.09 INCOME TAX DEDUCTIONS FROM BILLS

Income Tax deduction @ prevalent rate and surcharge/GST as applicable on the payments to the

contractor will be deducted from the bills as directed by the central board of director taxes, Ministry of

finance, Government of India.

5.10 POST TENDER MODIFICATION

The Tenderers are not expected to make any post tender modification. Hence, the tenderers should not

make any correspondence regarding the tender after submission of the same on due date and time.

No cognizance of any correspondence shall be taken and if Tenderers persists with the same necessary

action will be initiated against him. All the tenders received on or before the due date and time shall be

opened, if otherwise found in order.

5.11 Contractor has to make his own arrangement for electric supply. The charges for electric supply

consumption will be borne by contractor as per prevailing rates. The contractor has also to install his

own generator etc. (if required) at his own cost and risk to meet with his full requirement of electric

5.12 SCOPE OF WORK:

Outline of scope

The proposed “Development of Car Carrier facility at cargo Berth 01 at Kandla” includes

construction of a new approach trestle cum turning platform, fabrication and erection of Linkspan

Bridge, fabrication and installation of a new floating pontoon, construction of linkspan support

structure with guide pin piles, development of parking area, and replacement of bollards at existing

Cargo Berth No.

The development of the Car Carrier Berth facility broadly comprises the following work elements:

 Construction of approach trestle cum turning platform for vehicular access.

 Fabrication and erection of steel linkspan bridge for vehicle transfer between berth and

 Fabrication, launching, towing, and installation of new steel floating pontoon with ballast

 Construction of linkspan support structure and guide pin piles.

 Development of parking area including pavement, drainage, markings, and associated facilities.

 Replacement of existing bollards at Cargo Berth No. 01 with new bollards of specified capacity.

 Provision of fenders, lighting, utilities, and miscellaneous works necessary for safe and

efficient operation of the berth.

The methodology to be adopted for execution of the works and the order of precedence is described

Sequence of Execution of works

The proposed car carrier berth facility shall be executed in a phased and systematic manner to ensure

safety, constructability, and minimum interference to existing port operations. The layout of proposed

car carrier berth no.01 is shown in figure 5.1.

Figure 5.1 Layout of proposed car carrier berth no.01

The typical sequence of works shall be as follows:

Stage 1: Construction of approach trestle cum turning platform including piling, substructure, and

superstructure works.

Stage 2: Construction of linkspan support structure and installation of guide pin piles.

Stage 3: Fabrication of Linkspan Bridge in fabrication yard and transportation to site.

Stage 4: Fabrication of new steel floating pontoon in fabrication yard, including ballast compartments,

piping, and pumps.

Stage 5: Launching, towing, and positioning of the new pontoon at the designated berth location.

Stage 6: Erection and installation of Linkspan Bridge onto the support structure and pontoon, including

alignment and load testing.

Stage 7: Development of parking area including pavement works, drainage, road furniture, markings,

lighting, and associated utilities.

Stage 8: Replacement of bollards at existing Cargo Berth No. 01 and installation of fenders and ancillary

Stage 9: Testing, commissioning, inspections by statutory / classification authorities, and handing over

of the facility.

Wherever feasible, fabrication activities shall be carried out in parallel with site construction activities to

optimize the overall project schedule.

Detailed description of Scope works

Detailed description of scope of work elements is given below.

a) Construction of Approach Trestle cum Turning Platform

i) Setting out, survey, and geotechnical confirmation at site.

ii) Procurement of construction materials including structural steel, reinforcement, concrete,

bearings, and accessories as per specifications.

iii) Construction of RC piles up to design toe level including boring, driving, concreting, and

iv) Construction of pile caps, piers / bents, and superstructure elements including precast /

cast-in-situ girders and deck slab.

v) Construction of turning platform including deck slab, crash barriers, kerbs, and wearing

course suitable for heavy vehicle movement.

vi) Provision of drainage, expansion joints, bearings, and protective works as per drawings

and specifications.

b) Fabrication and Erection of Linkspan Bridge

i) Procurement of structural steel including special through-thickness plates and sections as

per approved drawings and specifications.

ii) Fabrication of linkspan bridge structure in accordance with approved drawings using full

penetration butt welds as per AWS D1.1 with pre-qualified welding procedures and

approved welders.

iii) Profile cutting of plates using CNC machines; manual gas cutting and chipping shall not be

permitted except where specifically approved.

iv) Assembly of trusses, deck system, and ancillary components with dimensional checks for

alignment and tolerances.

v) Trial assembly, inspection, and approval prior to dispatch to site.

vi) Transportation to site, erection using suitable cranes / lifting arrangements, and

installation onto support structure and pontoon.

vii) Installation of bearings / sliding arrangements, deck fittings, and safety appurtenances.

viii) Painting of the complete linkspan bridge as per specifications with anti-corrosive coating

ix) Inspection, testing, and certification by the appointed classification / statutory authority

(e.g., IRS or equivalent), including all fees, surveyor charges, and related expenses under

the Contractor’s scope.

c) Fabrication and erection of new steel floating pontoon.

i) Procurement of structural steel as per specifications including special through thickness

plates and pipes.

ii) Fabrication of truss all in accordance with drawings using full penetration butt welds in

accordance with AWS D1.1 using pre-qualified weld procedure and approved welders.

Profile cutting of plates shall be using suitable CNC machine and manual chipping and

cutting is not permitted.

iii) Assembly of pontoon compartments and dimensional check for alignment and tolerances

as specified in the specifications.

iv) Welding and assembly of all parts of the pontoon including the sliding arrangement for the

linkspan bridge.

v) Painting the complete pontoon as per specifications with anti-corrosive painting.

vi) Provision of cathodic protection using sacrificial anodes welded at the bottom and inside

the compartments of the pontoon as per drawings.

vii) Indian Register of Shipping (IRS) has been appointed as the classification society for

approval of design. Hence, IRS shall be appointed by the contractor for

Inspection/surveying/approval during fabrication, welding, and launching and

commissioning and the same is under the scope of the contractor including payment to IRS

for the purpose of inspection and certification, surveyor transport charges, daily inspection

fee etc. shall be borne by the Contractor.

viii) Launch the complete pontoon from the fabrication yard through suitable means as per the

weight of the pontoon but not less than 1500 MT and tow it to the final location of

installation including all permits for tow is under the scope of the contractor.

d) Construction of Linkspan Support Structure and Guide Pin Piles

i) Procurement of structural steel piles / tubular members and accessories as per

specifications.

ii) Fabrication of piles including rolling, welding, and attachments in accordance with

approved drawings and AWS D1.1 requirements.

iii) Driving / boring of piles up to design toe level, ensuring specified verticality and positional

iv) Concreting inside piles with specified reinforcement where required.

v) Installation of guide pin piles and support frames for the pontoon and linkspan

e) Provision and installation of cathodic protection system using sacrificial anodes as per

i) Painting of piles and exposed steel components with specified anti-corrosive coating

ii) Final alignment checks and load transfer verification prior to installation of linkspan.

f) Development of Parking Area

i) Site clearing, grading, and preparation of subgrade including removal of unsuitable

material, compaction, and treatment of weak pockets as per specifications.

ii) Construction of pavement structure suitable for heavy vehicle and car carrier traffic

including sub-base, base course, and wearing course, comprising rigid or flexible pavement

as specified, and/or paver block pavement in designated areas including bedding layer,

edge restraints, and joint filling complete as per drawings and specifications.

iii) Construction of drainage system including surface drains, longitudinal and cross drains,

catch pits, manholes, and outfalls for effective storm water management of the parking and

circulation areas.

iv) Construction of compound wall / boundary wall including foundations, superstructure,

gates, and security features as per drawings and specifications to enclose and secure the

v) Construction of dust barriers including installation of steel components and steel sheets to

restrict coal dust.

vi) Installation of lighting system including high mast lighting towers, conventional lighting

poles, LED luminaires, fixtures, control panels, cabling, earthing, and associated electrical

works for adequate illumination of parking and circulation areas. Electrical connections

shall be coordinated with the Port’s electrical system as directed by the Engineer-in-

vii) Provision of ancillary facilities such as fencing (where required in addition to compound

wall), gates, guard rooms (if specified), traffic islands, and other traffic management and

safety features as per drawings and specifications.

g) Replacement of Bollards at Existing Cargo Berth No.

viii) Dismantling and removal of existing bollards including making good of the deck / berth

ix) Supply of new cast steel / cast iron bollards of specified Safe Working Load (SWL) as per

drawings and specifications.

x) Installation and fixing of bollards including anchor bolts, grouting, alignment, and load

xi) Painting / protective coating of bollards as per specifications.

xii) Testing, inspection, and commissioning of bollards and submission of as-built drawings

and test certificates

h) Supply, install and commission the pumping system.

xiii) Procurement of LED light fittings of suitable illumination including FRP poles and fixtures

for installation on the platform, pontoon and on the link span bridge. Electrical connection

for this purpose shall be taken from nearby available MCB as directed by the Engineer in-

charge and shall be coordinated with DPA electrical system. Any residual engineering

required to complete the lighting system shall be carried out by the contractor.

xiv) Procurement, supply, installation, and commissioning of centrifugal pumps as per

specifications and Bill of quantities including connecting piping between the

compartments for ballasting and de-ballasting of water. The pumps shall be installed into

the pontoon compartment. Any residual engineering required to coordinate with the pump

vendors, electrical connection and piping within the pontoon shall be carried out by the

i) Supply, install and commission the fenders and bollards.

xv) Supplying, testing, fixing and installation of cast iron bollards of capacity 20 MT Safe

Working Load as per drawings and specifications including the cost of bollard with all its

accessories, all labour charges, transportation charges up to site and minor tools etc.,

xvi) Supplying, testing, fixing and installation of Dipti Arch fender -DAV 1000H or equivalent

system including cost of fender with all its accessories, steel fender frame, PTFE facial pads

(low friction), chains, anchors including all labour charges, transportation charges up to

site, installation and fixing of fenders on to the face of the pontoon and minor tools etc.,

5.13 Drawings and Its Approval

5.13.1 Detailed Engineering and preparation of Good for Construction Drawings for the permanent facilities

including construction of approach cum turning platform fabrication of new pontoon, construction of

linkspan support frame and fabrication of linkspan shall be developed by the Design Consultant in

conformity with the Specifications, Scope of works and Standards set forth in Clause 5.72.

5.13.2 Detailed design of the proposed development of car carrier facility has been carried out by the Design

Consultant. Layout drawings, General arrangement drawings (GADs) and reinforcement details are

issued for the purpose of tendering and the Approved for Construction (AFC) drawings will be issued

only to the successful bidder. Subsequently, the AFC drawings for pile foundations and superstructure

civil work may be revised based on site condition, geotechnical investigation to be carried out by the

contractor at the proposed site, seabed condition, soil layers, and hard rock layers during the course of

the project execution including changes due to comments from IRS or changes due to detailed

engineering. Such changes shall not be construed as variation to scope of work except for payment as

per the rate quoted by the contractor for the particular item. The pile termination level indicated in the

AFC drawings are design depths and actual termination shall be decided upon using the criteria

specified in the drawings. Contractor shall study the criteria before bidding and shall make sure the

contractor proposed equipment is suitable to establish the required pile termination levels. The

location, alignment or orientation of piles or mooring dolphins change due to navigational study or any

other ground conditions shall not be treated as change to the scope of work and payment shall be made

as per the rate quoted by the contractor for the particular item.

5.13.3 In respect of the Contractor’s obligations with respect to the design and Drawings for the Project, the

following shall apply:

(a) The AFC drawings issued to the contractor will not be revised at the request of the contractor to suit

his construction methods or ease of construction. Such request shall not be entertained as it will have

impact on the strength of permanent structures. No modification to the dimensions of permanent

structure is permissible. No openings for cables and pipes are permitted in permanent structures.

Contractor shall plan all such services within the space provided.

(b) Contractor shall carry out Construction enabling Engineering and prepare all the design, calculations,

specifications and drawings whether pertaining to temporary works in conformity with the Scope of

the Project, the Specifications and Standards and the Applicable Laws; The construction enabling

engineering may include but not limited to the following.

i. Setting out of works based on preconstruction survey coordinates carried out by the Contractor

and preparation of drawings and bench marks / levels.

ii. Preparation of drawings and calculations for construction enabling work such as clearing of

earth, filling, trenching, slope stability, etc.

iii. Design and detailing of Piling Gantry and frame.

iv. Design and detailing of Jack up and its piling equipment.

v. Design and drawings for Floating Pontoon for transportation and erection of men and materials.

vi. Design and detailing of Temporary or permanent supports to pile, pile muff, precast elements,

in-situ works, shuttering, piping supports etc.

vii. Bar bending schedule, mix design and reinforcement cage stability calculations etc.

viii. Design, drawings and specifications of test pile, anchor pile, Pile testing frame, loading frame

and test methods.

ix. Design and detailing of pile liner fabrication, lifting, joining, and driving scheme.

x. Design and detailing of reinforcement cage including joining of longitudinal bars during lifting

xi. Design and detailing of lifting frame for Lifting of precast elements.

xii. Design of Construction equipment support foundations.

xiii. Any other works to complete the project facility that has not been detailed in the AFC drawings.

(c) Within 15 (fifteen) days of the receipt of the Construction enabling engineering Drawings,

specifications, datasheets and calculations, the Engineer / Engineer’s Representative shall review

the same and convey its observations to the Contractor with particular reference to their conformity

or otherwise with the Scope of the Project and the Specifications and Standards. The Contractor shall

not be obliged to wait for the observations of the Engineer / Engineer’s Representative on the

Drawings submitted pursuant hereto beyond the said period of 15 (fifteen) days and may begin or

continue works at its own discretion and risk; Provided, however that in case of a major structure or

item that may affect the integrity of the proposed scheme, the aforesaid period of 15 (fifteen) days

may be extended up to 30 (thirty) days;

(d) the Contractor warrants that its designers, consultants, engineers, including any third parties

engaged by it, shall have the required experience and capability and it shall indemnify the Employer

against any damage, expense, liability, loss or claim, which the Employer might incur, sustain or be

subject to arising from any breach of the Contractor’s design responsibility and/or warranty set out

in this Clause.

5.13.4 Any cost or delay in construction arising from review by the Engineer / Engineer’s Representative shall

be borne by the Contractor.

5.13.5 Works shall be executed in accordance with the AFC Drawings provided by the Nodal officer and

engineering drawings provided by the Contractor and the observations of the Nodal officer thereon as

communicated. Such Drawings shall not be amended or altered without prior written notice to the

Nodal officer. If a Party becomes aware of an error or defect of a technical nature in the design or

Drawings, that Party shall promptly give notice to the other Party of such error or defect.

5.13.6 Within 90 (ninety) days of the Project Completion Date, the Contractor shall furnish to the Employer

and the Nodal officer a complete set of as-built Drawings, in 2 (two) hard copies and soft copy as may