Providing and fixing galvalume sheet over compound wall including rising of concertina fencing for safety point of view at GSECL Colony, GTPS Phase -II

1. SECTION-A:

 ACKNOWLEDGEMENT OF TENDER FEE /EMD.

 TENDER NOTICE.

2. SECTION-B:

 DECLARATION FORM CUM UNDER TAKING TO BE

SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE TENDERER

3. SECTION-C:

 GENERAL CONDITIONS OF CONTRACT

4. SECTION-D:

 TERMS AND CONTRACT FOR WORKS

 GENERAL SAFETY RULES & LIST OF SAFETY TOOLS

5. SECTION-E :

 PERFORMA FOR BANK GUARANTEE

 INTEGRITY PACT

 CERTIFICATE – A

 ANNEXURE – I (DETAILS OF BANK FOR SOLVEANCY &

6. SECTION-F:

 SPECIAL CONDITIONS FOR USE OF CEMENT

 APPROVED NAME OF MANUFACTURERS OF

STEEL / CEMENT

 GENERAL GUIDELINES RELEVANT TO I.S.

7. SECTION-G:

 GENERAL SPECIFICATIONS

 TECHNICAL SPECIFICATION

 DETAIL SPECIFICATION

8. SECTION-H:

 SCHEDULE-B

 Safe Maintenance Procedure

EW-373 PUR-F-006 RFQ-79172

 ACKNOWLEDGEMENT OF TENDER FEE /EMD

 TENDER NOTICE

EW-373 PUR-F-006 RFQ-79172

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663Fax: 91-79-23217673, e-mail:

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

ACKNOWLEDGMENT

e- Tender for the

“Providing and fixing galvalume sheet over compound wall including rising of

concertina fencing for safety point of view at GSECL Colony, GTPS Phase -II.”

TENDER FEE PAID VIDE DEMAND DRAFT NO. _________________________________

DATED___________________________ RS. __________________________________

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

DATED ____________________ RS. _____________________

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

assigning any reasons thereof.

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

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

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

LTD.” payable at Gandhinagar TPS

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW-373 PUR-F-006 RFQ-79172

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663Fax: 91-79-23217673, e-mail:

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

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

and fixing galvalume sheet over compound wall including rising of concertina fencing for

safety point of view at GSECL Colony, GTPS Phase -II.” Tender Papers & Specifications may be

down loaded from Web site https://gsecl.nprocure.com(For view, down load and on line

submission) and GUVNL / GSECL web sites www.gsecl.in (For view only).All tender documents are to

be upload (Notarized / self-attested copies of original – as specified in tender document) through online

only (mandatory) on (n) procure portal excluding Tender fee and EMD Tender fee and EMD are to be

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

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

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

Tender Estimated E.M.D.

No. Cost Rs. Rs.

EW-373 Providing and

fixing galvalume Rs.27,31,922.40 (In 04 (Month) Rs. 2500+ Rs.

sheet over word Twenty Seven Months 450 = Rs. (Eighty one

compound wall Lac Thirty one from the 2950/-(Two thousand Nine

Thousand Nine date of thousand hundred Fifty

including rising

hundred twenty two written nine hundred eight only.)

of concertina Rupees and Forty order to fifty (Non

fencing for paisa only.) commence Refundable)

safety point of the work.

view at GSECL

Colony, GTPS

Phase -II.

180 Days [From the opening

1 Validity of Tender

of Technical Bid].

Last Date for Online tender / offer submission through

2 As per Tender Notice

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

Last Date for physical receipt of cover for DD / Bank

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

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

Date of opening of online Technical Bid, all relevant

documents submitted through online process, Cover for

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

be opened for Bidders who have submitted Cover for Tender

Fee and EMD)

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

15.30 hrs. website www.nprocure.com

and also with e-mail sent by

above website

Chief Engineer (Gen)

EW-373 PUR-F-006 RFQ-79172

Signature Of Contractor GSECL: GTPS

EW-373 PUR-F-006 RFQ-79172

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

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

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

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

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

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

3. Attested copy of PAN No.

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

5. List of work in progress.

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

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

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

9. Details of technical personnel.

10. Undertaking duly Notarized as per attached Declaration Form

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

15. Attached The Copy Of GST Registration.

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

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

entertained.

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

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

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

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

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

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

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

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

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

contract, specification & other relevant documents, except documents as stated here above.

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

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

document & preserve with them in Hard Copy for their future reference. Later on, L1 bidder shall

be asked to collect the tender documents from the tender inviting authorities for the purpose of

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

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

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

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

documents as stated in Tender Notice

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

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

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

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

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

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

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

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

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

items / service under procurement and having registration with CSPO or National Small Industries

Corporation.

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

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

India Program and has obtained Udyam registration &CSPO/NSIC registration as MSE.

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

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

Commissioner of Cottage Industries.

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

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

EW-373 PUR-F-006 RFQ-79172

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

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

are manufacturing / service which /they are providing.

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW-373 PUR-F-006 RFQ-79172

 DECLARATION FORM CUM UNDER TAKING TO

BE SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE BIDDER

EW-373 PUR-F-006 RFQ-79172

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

Judicial Stamp Paper)

DECLARATION FORM

including rising of concertina fencing for safety point of view at GSECL Colony,

GTPS Phase -II.”

Tender No/ RFQ No:

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

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

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

same accordingly.

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

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

will be acceptable to me/us.

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

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

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

pertaining to the work before submitting the tender.

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

commercial deviations.

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

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

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

sums of money due.

EW-373 PUR-F-006 RFQ-79172

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

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

specified Security Deposit is to be recovered from the first RA bill.

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

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

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

& conditions.

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

declare and undertake as under:

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

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

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

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

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

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

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

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

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

such no amount towards contribution whatever is payable.

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

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

Gujarat State Electricity corporation Limited, ___________Thermal Power Station due

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

to deduct the same from my dues as payable.

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

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

and cost of M/s. ______.

authorized signatory of M/s ______________________________________________

here by certify that M/s _________________________________________________

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

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

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

Government and / or Semi Government company / department.

Seal & Signature of the Bidder

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

EW-373 PUR-F-006 RFQ-79172

e- Tender for the work of “Providing and fixing galvalume sheet over compound

wall including rising of concertina fencing for safety point of view at GSECL

Colony, GTPS Phase -II.”

EW-373 PUR-F-006 RFQ-79172

RTGS DETAIL OF BIDDER

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

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

1 Name of Bidder :-

2 Address for correspondence :-

3 E-Mail ID :-

4 Phone / Mobile No. :-

5 Name of Beneficiary :-

6 Bank Account Number of :-

beneficiary

7 Name of Bank of beneficiary :-

8 Name of Bank, branch & address :-

9 Type of account :-

10 Bank Code :-

11 RTGS Code :-

12 IFSC Code :-

EW-373 PUR-F-006 RFQ-79172

Project Synopsis and Data

1) Location :- Gandhinagar Thermal power station

2) Purchaser :- GUJARAT STATE ELECTRICITY CORPORATION

3) Engineer :- Chief Engineer(Gen)

4) Site of Project :- Gandhinagar,Gujarat State

5) Nearest town :- Gandhinagar

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

a distance of about 30.00Km)

7) Nearest Port :-

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

9) Access Road :-

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

11) Meteorological Data

 Ambient Air temperature

1] Highest monthly mean of daily :- 350 C

Max. Temperature

2] Maximum dry bulb :- 450 C

Temperature ( In 0C)

3] Minimum dry bulb :- 8.60 C

Temperature ( In 0C)

 Rainfall

1] Average annual rainfall :- 1000 to 1200mm

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

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

 Wind velocity

1] Maximum wind velocity :-

(In m/sec)

2] Wind direction – N,NE & SW :-

3] For 24 hour ( In mm) :-

 Relative Humidity

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

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

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

4] Type of Atmosphere :- Dry

12) DESIGN DATA

 Seismic Data :-

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

 Intensity :-

EW-373 PUR-F-006 RFQ-79172

 Ambient temperature :-

 Other Data :-

SCOPE OF WORK AND SITE CONDITIONS

The main scope of work is “Providing and fixing galvalume sheet over compound

wall including rising of concertina fencing for safety point of view at GSECL

Colony, GTPS Phase -II.” Work shall be carried out as per items specification and as

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

successful completion of work.

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

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

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

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

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

providing all materials of best quality and of standard manufactures as the samples

approved by EIC and providing best workmanship through expert manpower.

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

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

will not damage any other structure in premises of company.

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

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

quantum of the work.

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

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

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

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

as instructed by E.I.C.

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

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

 Dismantling barbed wire/concertina in fencing including making rolls

 Dismantling steel work

 Steel work, welded in built up sections framed work including cutting, hoisting, fixing in

position and applying a priming coat of red lead paint.

 Providing and fixing colour coated 0.5 mm (TCT) thick Galvalume sheet of approved colour

 Providing and fixing 600 mm dia cross razor type concertina coil on wall fixed with existing

post or new post

 Providing and applying two coats of synthetic enamel paint

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW-373 PUR-F-006 RFQ-79172

Registration in VMS System

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

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

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

system for smooth functioning of payment.

Documents required for Registration:

(1) PAN Copy

(2) GST Certificate Copy

(3) Email ID

(4) Full Name of Vendor

EW-373 PUR-F-006 RFQ-79172

SPECIAL NOTE FOR PRE-QUALIFICATION

rising of concertina fencing for safety point of view at GSECL Colony, GTPS Phase -II.”

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

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

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

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

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

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

documentary evidence, preferably photo copy of work experience certificate secured from

GSECL/ GETCO / DISCOMS / GEB / Central / State Government/Semi- Government. The

experience should be either of the following-

a. Three similar completed works each costing not less than the amount equal to Rs.

b. Two similar completed works each costing not less than the amount equal to Rs.

c. One similar completed works each costing not less than the amount equal to Rs.

2. Similar work means : General civil construction /renovation/ maintenance work excluding

housekeeping/ horticulture / painting work."

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

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

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

be rejected.

2. Financial qualification criteria:

1) The Average Annual Turnover of the bidder, shall not be less than Rs. 8,19,577.00 during the preceding

three (3) financial years as one date of Techno-Commercial bid opening.

2) Net worth of bidder shall not be less than 100% of the bidder‟s paid up share capital as on the last

day of the preceding financial year. In case the Bidder meets the requirement of Net worth based on the

strength of its Subsidiary (ies) and/or Holding company and/or Subsidiaries of its Holding Companies

wherever applicable, the Net worth of the Bidder and its Subsidiary (ies) and/or Holding company and/or

Subsidiary (ies) of the Holding Company, in combined manner should not be less than 100% of their total

paid up share capital. However individually, their Net worth should not be less than 75% of their

respective paid share capitals.

Net worth in combined manner shall be calculated as follows:

Net worth (combined )= (x1+x2+X3)/(y1+y2+y3) X 100, where x1,x2, x3 are individual net worth

which shall not be less than 75 % of the respective paid up share capitals and y1, y2, y3 are

individual paid up share capitals.

3) In case the bidder is not able to furnish its audited financial statements on stand-alone entity basis, the

unaudited unconsolidated financial statements of the bidder can be considered acceptable provided the

bidder further furnishes the following documents for substantiation of its qualification.

 Copies of the unaudited unconsolidated financial statements of the bidder along with copies of the

Audited consolidated financial statements of its Holding Company.

 A Certificate from the CEO/CFO of the Holding Company, stating that the unaudited unconsolidated

financial statements form part of the Consolidated Annual Report of the company.

4) In cases where audited results for the last preceding financial year as on the date of techno-commercial

bid opening are not available, the financial results certified by a practicing Chartered Accountant shall be

considered acceptable. In case, Bidder is not able to submit the Certificate from practicing Chartered

EW-373 PUR-F-006 RFQ-79172

Accountant certifying its financial parameters, the audited results of three consecutive financial years

preceding the last financial year shall be considered for evaluating the financial parameters. Further, a

Certificate would be required from the CEO/CFO, stating that the Financial results of the Company are

under audit as on the date of Techno-commercial bid opening and the Certificate from the practicing

Chartered Accountant certifying the financial parameters is not available.

5) The bidder must submit Average Annual Turnover and Net worth Certificate in support of Financial QR,

duly certified and verified for authenticity from Independent Statutory Auditor of their company /

Practicing Charted Accountant/ C.A. Firms / TPIA (Third-Party Inspection Agency ) empaneled approved

by GSECL, along with copy of Annual Audited Accounts of last three years.

Note for point No.1, 2, 3&4:

i. Other income shall not be considered for arriving at annual turnover.

ii. “Holding Company" and “Subsidiary Company” shall have the meaning ascribed to them as per

Companies Act of India, in vogue.

Net worth means the sum total of the paid up share capital and free reserves. Free reserve means all reserves

credited out of the profits and share premium account but does not include reserves credited out of the

revaluation of the assets, write back of depreciation provision and amalgamation. Further, any debit balance of

Profit and Loss account and miscellaneous expenses to the extent not adjusted or written off, if any, shall be

reduced from reserves and surplus.

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

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

either in Demand Draft, Pay Order or Bank Guarantee (only for EMD) in favour of Gujarat State Electricity

Corporation Limited payable at Gandhinagar, Gujarat. The scanned copy of original document shall have to be

uploaded online with the bid and RPAD or Speed Post only addressed to The Chief Engineer (G), Gujarat

State Electricity Corporation Limited, Thermal Power Station, Gandhinagar-382041.

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

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

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

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

under procurement.

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

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

Program and has obtained Udyam registration.

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

Khadi Gramodyog Board or Khadi and Village Industries Commission(K.V.I.C)or Commissioner of Cottage

Industries.

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

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

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

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

service which /they are providing.

1. Micro & Small Enterprises (MSEs) who participates directly in the tendering process as Manufacturers or

Service Providers, and holds a valid Udyam Registration, are eligible for exemption from payment of

Earnest Money Deposit (EMD).

2. Agencies registered under Udyam in the capacity of Traders, Re-sellers, or similar categories (i.e. other

than Manufacturers/Service Providers) are not eligible for EMD exemption.

3. Migration period for Reclassification of MSMEs: - ln case of an upward change in terms of investment in

plant and machinery or equipment or turnover or both, and consequent re-classification, an enterprise

shall continue to avail of all non-tax benefits of the category (micro or small or medium) it was in before

the re-classification, for a period of three years from the date of such upward change.

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

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

the date of expiry of BG. Bank Guarantee should be confirmed through Structured Financial Messaging

EW-373 PUR-F-006 RFQ-79172

system (SFMS). SFMS allows intra/interbank message transfer system of banking. Our bank details are as

ACCOUNT NAME GSECL

ACCOUNT NO

BANK NAME & BRANCH BOB, SECTOR-21, GANDHINAGAR

IFSC CODE BARB0GANDHI

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

certificate certified by charted accountant as Per Qualification Requirement.

7. Separate employee‟s provident fund code number towards registration of firm with Regional P.F.

Commissioner.

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

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

10. Attach copy of GST Registration.

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

12. Details of the partnership deed.

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

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

group insurance policy covering labor engaged.

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

account and balance sheet, if the estimated cost of tender is more than 50 lakhs along with technical bid.

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

similar jobs.

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

the bidders).

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

the documents, experience certificates from authority who have issued such certificates / details.

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

inform only once by Registered post to bidder/bidders to submit the missing required documents

within stipulated time limit and failing which bidder/bidders will be declared technically

disqualified for not submitting the required documents along with technical bids without any

further notice. However, document will be considered valid only if it is for the period of last day of month

previous to the one in which tenders are invited.

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW-373 PUR-F-006 RFQ-79172

GENERAL INSTRUCTIONS TO THE BIDDERS

1. SUBMISSIOIN OF TENDER

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

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

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

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

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

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

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

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

is liable to be ignored.

Technical Bid

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

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

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

Price bid:-

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

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

and prices written in words shall be considered as final.

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

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

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

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

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

Contractor for due performance of the work under this contract.

Applicability of goods and service tax:-

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

otherwise mentioned in the tender documents.

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

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

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

mentioned in the price bid shall be final and any additional GST will have to be borne by the tenderer

himself, In no case additional amount towards GST or otherwise will be paid/reimbursed to

supplier/contractor.

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

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

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

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

GST rate, amount in the price bid schedule.

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

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

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

entering into further correspondence.

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

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

due date and time.

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

whatever written in words shall prevail.

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

EW-373 PUR-F-006 RFQ-79172

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

documents and conditions contained in it.

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

materials/ finished products or on any other cause.

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

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

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

Engineer (Gen.), GSECL, Gandhinagar TPS.

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

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

Earnest Money Deposit submitted with the tender will be forfeited.

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

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

specifications.

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

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

contractor/consultant.

viii. The complete specification comprises of the following.

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

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

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

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

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

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

the tender.

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

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

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

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

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

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

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

rejection of any tender or all tenders.

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

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

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

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

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

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

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

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

written name and current address.

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

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

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

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

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

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

addresses of all the partners of the firm shall also accompany the application.

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

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

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

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

evaluation. They should also furnish Articles of Memorandum of Association. If the application is

EW-373 PUR-F-006 RFQ-79172

made by group of companies, it shall be signed by the authorized person. The authority letter shall be

accompanied with the application.

1. SECURITY DEPOSIT.

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

table below:

Category of the Unit Security Deposit

Works up to Rs. 5 Works More than Rs.

Lakh 5 Lakh

Enterprise or Organization Exempted 3% of Order Value

which are exempted from

paying Tender Fee & EMD

For all other Enterprises 5% of Order Value 5% of Order Value

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

is to be recovered from the first RA bill.

2. MAINTENANCE:

i] The contractor shall be responsible to make good and remedy at his own expense any defect which

may develop or may be noticed before the period mentioned hereunder from the certified date of

completion. The same shall be attended within 15 days of receipt of the notice. In the case of failure

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

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

any part of the amount of security deposit towards the expenses, if any, incurred by him in

rectification, removal or re-execution. The defects liability period shall be as under,

a) For all works costing up to Rs. 50,000 (amount put to tender), the period shall be 03 months

from the certified date of completion.

3. TIME LIMIT FOR WORK:

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

EW-373 PUR-F-006 RFQ-79172

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

GSECL for the genuine reasons only as per terms of the contracts.

4. TERMS OF PAYMENTS:

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

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

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

requirement. However, remaining balance 25% amount shall be released only after through checking

of detail bill and compliance of various quarries, statutory compliance etc. The above payment term is

applicable to all the bills of general civil works & ARC/BRC works, provided the bills are recorded

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

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

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

will be released as per GSECL‟s general procedure. The period of Sixty [60] days shall be considered

from the date of receipt of last R.A. Bill by Account Section.

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

Requirements duly certified and verified for authenticity from Specified Third-Party

Inspection Agency (TPIA) or Statutory Auditor of their Company or Practicing CA/CA Firm

along with a certificate regarding verification of authenticity of documents as per the format

placed at Appendix 1. All the documents submitted by the bidder in support of meeting

Technical QR only shall be digitally signed by the Specified Third-Party Inspection Agency

(TPIA) or Statutory Auditor of their Company or Practicing CA/CA Firm.

The verification and certification of authenticity of documents is acceptable from any of the

following TPI As:

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

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

3. M/s International Certifications Services.

4. M/s Intertek India Pvt. Ltd.

5. M/s SGS India Pvt. Ltd.

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

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

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

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

10. Hertz Inspection & services Pvt. Ltd.

11. IRCLASS Systems and Solutions Pvt. Ltd.

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

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

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

certification (including those by statutory auditors) shall be borne by the Bidder. GSECL shall have no

liability (financial or otherwise) towards the same and shall not be liable for any claim/ dispute

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

their Company or Practicing CA/CA Firm.”

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

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

Annexure-1

Undertaking from Third Party Inspection Agency/Statutory Auditor or Practicing

CA/CA Firm

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

Ref: Date:

EW-373 PUR-F-006 RFQ-79172

Power Station ……………….

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

Meeting the Qualifying Requirements

Ref: Tender no. …………………..

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

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

participate in above referred tender of GSECL.

The tender condition stipulates that the bidder shall submit supporting Documents

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

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

list mentioned in the bidding documents.

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

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

Documents and / or Client for authenticity.

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

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

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

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

authenticity.

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

any conflict of interest in respect of above tender.

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

participating in the subject tender/s

Thanking you,

EW-373 PUR-F-006 RFQ-79172

6. ASSIGNMENT:

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

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

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

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

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

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

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

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

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

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

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

deducted from the Contractor's bill.

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

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

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

12. BIDDER TO STUDY, ANALYSE & CONSIDER:

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

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

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

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

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

laws, safety norms etc., and has made himself aware of the scope and the specifications for the work

to be performed and local conditions and other features which have a bearing on the cost and

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

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

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

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

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

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

issue arising out of such discrepancies.

b) Inspection of site by bidder:

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

required and satisfy himself regarding matters such as:

 weather characteristics,

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

 The type and number of equipment and facilities required

 The quantity of various items of the work.

 The availability and rates of material.

 Labours condition.

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

 Power house, which is under running conditions.

 Required GSECL‟s security checks.

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

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

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

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

considered by the GSECL.

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

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

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

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

transportation of man power, machinery and equipment duly considering the existing site

conditions. No extra claims / costs will be entertained by GSECL.

EW-373 PUR-F-006 RFQ-79172

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

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

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

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

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

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

as basis for any claims for compensation.

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

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

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

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

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

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

his bid. Ignorance of site conditions shall not be accepted by the ENGINEER IN CHARGE as

basis for any claim for compensation.

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

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

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

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

general terms and conditions of the contract or in technical specifications.

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

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

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

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

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

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

l) The Corporation reserves the right to accept any tender irrespective of whether it is lowest or

not or to reject all the tenders without assigning any reasons thereof. Tenders deferring from

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

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

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

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

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

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

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

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

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

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

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

contractor on any issue arising out of such discrepancies.

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

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

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

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

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

the names of the directors and other relevant information.

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

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

proposals their acceptance of the same.

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

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

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

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

rejection.

EW-373 PUR-F-006 RFQ-79172

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

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

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

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

statutory Rules & Regulations including employment of labours at site.

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

completed in all respect as per the Contract Specification.

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

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

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

deploy additional personnel within 7 days without any extra cost.

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

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

entertained for re-executing or altering of such work.

13. SAFETY MEASURES:

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

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

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

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

14. COMPLETENESS:

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

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

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

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

the Contractor without any extra cost.

15. TOTAL RESPONSIBILITY

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

of works / services have been made /rendered by him.

16. PAYMENT TO THE LABOURES:

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

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

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

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

Gandhinagar TPS.

17. CONTRACT AGGREMENT ON ACCEPTANCE:

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

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

borne by the contractor.

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

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

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

Corporation Limited.

18. Unsatisfactory progress of the work:

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

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

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

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

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

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

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

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

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

respective Power Station.

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

submission of the tender.

EW-373 PUR-F-006 RFQ-79172

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

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

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

bids at its sole discretion and any action will not be called into question and the bidder shall

have no claim in that regards against the GSECL.

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

 Has submitted fake, false or forged documents/certificates

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

is sought for,

 Has tempered with the stipulated tendering procedure.

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

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

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

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

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

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

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

 Has indulged in construction and erection of defective works.

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

frame, as specified by the company,

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

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

or plants or equipment supplied by the Company,

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

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

the Tender / Contract.

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

authority / Purchaser.

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

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

party without prior consent of the Company,

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

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

for business dealing / blacklisting.

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW-373 PUR-F-006 RFQ-79172

SECTION-C:

 GENERAL CONDITIONS OF CONTRACT

EW-373 PUR-F-006 RFQ-79172

GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS :

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

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

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

tender or individual works, order, rate schedule, the specifications and the drawings and all

these documents, as applicable, taken together shall be deemed to form the contract.

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

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

the purpose of preparing tender.

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

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

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

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

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

and permitted assignees.

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

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

“Corporation”.

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

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

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

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

Manager to supervise the works or part of the works.

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

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

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

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

the “Indian Standards” as issued by the Indian Standards Institution. Wherever the above-

mentioned abbreviations are referred to, in the specifications and/or work orders, they mean

the addition with all amendments current at the date of issue of tender document of work

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

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

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

documents and/or any work orders referred therein.

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

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

and entire executing and completion of works.

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

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

documents or any subsequent agreed amendments thereto.

2. CONTRACTOR TO INFORM HIMSELF FULLY:

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

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

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

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

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

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

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

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

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

regarding the local conditions.

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

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

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

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

doubt may be removed.

3. CONTRACT DRAWING AND SPECIFICATIONS:

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

accepted tender.

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

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

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

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

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

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

in-charge immediately of any errors or omissions discovered. The contractor shall not take

advantages of errors or omissions of any kind in the drawings supplied.

4. INPUTS BY GSECL:

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

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

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

out by the contractor as per requirement at their cost. The necessary electric charges will be

paid by the contractor as per rates prevailing from time to time in the respective DISCOM.

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

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

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

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

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

the 2 % of the item of which water is used or by quantity measured by meter reading of

water meter installed by contractor, rate of water supply will be charged at prevailing

purchase rates of GSECL, for water supplied by GSECL is used as certified by EIC. In

case of agency is installing bore well and pumps at his cost, after completion of work

agency will hand over the bore well in good condition with pumps to the GSECL.

5. DATA TO BE FURNISHED BY CONTRACTOR:

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

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

work which the contractor proposes to adopt at site.

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

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

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

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

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

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

indicating GSECL inputs also.

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

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

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

Executive Engineer.

6. ERRORS, OMISSIONS AND DISCREPANCIES:

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

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

the Executive Engineer whose elucidation and elaboration shall be considered as

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

work thorough lack of such reference and precautions.

7. SECURITY DEPOSIT:

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

deposit will be charged as per table below:

Category of the Unit Security Deposit

Works up to Rs. 5 Works More than Rs.

Lakh Lakh

Enterprise or Exempted 3% of Order Value

Organization which

are exempted from

paying Tender Fee &

For all other 5% of Order Value 5% of Order Value

Enterprises

bidder) is not willing to pay SD in advance, either EMD may be converted to SD or SD

may be deducted from 1st or subsequent invoices/RA bills with consent from the bidder.

However, PO/LOA should be placed before commencement of work, except in some

emergency cases where special approval must be obtained from the Executive Director

(Gen.) at Corporate Office.

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

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

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

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

the period of One year.

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

successful completion of the work.

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

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

deducted from the cash in the proceeds of sale of the securities/bank guarantee so

deposited (which the officer or person to whom the same may be endorsed as aforesaid is

hereby authorized to sell/to encase for that purpose) or from the interest of any such

securities or from any sums due or which may become due to the contractor by the

Corporation or from the whole or the balance unpaid as aforesaid of the encase securities

so deposited being repaid or transferred and returned as the case may be, to the contractor

on finalization of final bill OR after 06 (six) months of successful completion of the work,

whichever later OR on furnishing of the Performance Bond amounting to 5% of contract

value against the defect liability period as mentioned in this document elsewhere.

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

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

of the work actually done.

8. USE OF LAND:

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

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

spare land is available with the following conditions.

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

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

execution of this contract free of cost.

1. Site required for the construction of the work.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

any circumstances for constructing temporary structures for contractor's use, GSECL's

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

are used for other than approved project drawings work, same will be recovered at

penalized rate.

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

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

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

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

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

occurs in such operations

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

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

and stacking of trees or grass etc. by the contractor

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

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

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

to prevent damage or to prevent fire spreading to surrounding property, and shall be

responsible for any such damage, if cause.

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

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

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

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

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

9. START OF WORK:

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

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

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

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

unauthorized commencement or entry.

10. COMPENSATION FOR THE DELAY:

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

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

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

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

contract) and for delay, the contractor shall pay compensation, an amount equal to ½ (half)

percent per one week for the contract amount or part thereof, including taxes & duties ( i.e.

End cost of contract amount including taxes & duties) and maximum up to 10 % of the order

value, including taxes & duties ( i.e. End cost of contract amount including taxes & duties)

or such smaller amount as per the decision of the Competent Authority of the GSECL The

penalty will be invariably deducted from the bills of the contractor and no refund will be

given unless the competent authority approves the reduction. The reasons for delay,

attributable to GSECL as well as to party will be brought out clearly while putting the

proposal for waiver/reduction in penalty.

11. ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

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

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

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

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

EW-373 PUR-F-006 RFQ-79172

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

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

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

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

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

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

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

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

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

with value of the work done in all respects in the same manner and at the same rates as if it

had been carried out by the Contractor under the terms of this contract and in that case the

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

against the contractor.

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

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

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

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

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

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

shall be deducted from any money due to him by the Corporation under the contract or

otherwise from his security deposit of his proceeds sale thereof or a sufficient part thereof.

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

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

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

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

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

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

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

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

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

12. NOTICE UNDER UNSATISFACTORY PROGRESS:

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

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

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

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

writing and the contractor will have no claim for compensation for any loss sustained by him

owing to such action.

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

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

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

non-exercised thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall not withstanding be exercisable in any further case of default by the contractor

of which, by any clauses hereof, he is declared liable to pay compensation amounting to the

whole of his security deposit and liability of the contractor for past and future compensation

shall remain unaffected in the event of the Executive Engineer taking action under sub-

clause (a) or (c) of Clause 11, he may if he so desires, take possession of all or any tools,

plants, materials, and stores in so upon the work or the site thereof belonging to the

contractor, or procured by him and intended to be used for the execution of the work of any

part thereof paying for allowing for the same in account at the contract rates, or in the case

of a contract rates not being applicable of current market rates to be certified by the

Executive Engineer whose certificate thereof shall be final. In the alternative, the Executive

Engineer may by notice in writing to contractor or his clerk of works, foreman or other

authorized agent, require him to remove such tools, plant, materials or stores from the

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

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

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

sale, be final and conclusive against the contractor

14. EXTENSION OF TIME LIMIT

EW-373 PUR-F-006 RFQ-79172

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

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

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

opinion there are reasonable grounds for granting extension, recommend such extension

as he may think necessary or proper. The decision of the competent authority in this regard

shall be final, and binding to the contractor. Any delay attributed to Corporation, shall be

thus compensated only by way of extending the limit.

15. COMPLETION CERTIFICATE

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

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

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

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

where the measurement have been taken by his subordinates until they have received the

approval of the Executive Engineer the said measurement being binding and conclusive

against the contractor.

16. EFFECT OF THE CERTIFICATE :

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

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

the case of works estimated to cost more than Rs.1,000, contractor shall on submitting a

monthly bill thereof, be entitled to receive payments. Proportionate to the part of the work

then approved and passed by the Engineer-in-Charge, whose certificate of such approval

and a passing of the sum so payable shall be final and conclusive against the contract. All

such intermediate payment shall be regarded as payment by way of advance against the

final payment only and not as payments for work actually done or completed and shall not

preclude the Engineer-in-charge from requiring bad, unsound, imperfect or unskillful work to

be removed and taken away and reconstructed or re-erected nor shall any such payment

be considered as admission of the due performance of the contract or any part thereof in

any respect of the occurring of the claim nor shall conclude, determine or effect in any way

the powers of the Engineer-in-Charge as to the final settlement and adjustment of the

accounts otherwise or in any other way, vary or affect the contract. The final bill shall be

submitted by the contractor within one month of the date fixed for completion of work;

otherwise the certificate of the Engineer-in-charge of the measurement and of total amount

otherwise the certificate of the Engineer-in-charge of the measurement and of total amount

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

17. PAYMENT TO CONTRACTORS :

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

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

accordance with the sanctioned specification. In case, where the items of the work, are not

accepted, as so completed, the Engineer-in-charge, may make payment on account of such

items at such reduced rates, as he may consider reasonable in the preparation of final or

running accounts bills and it will be binding to the contractor.

18. BILLS :

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

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

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

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

within Fifteen days from the presentation of the bills. If the contractor does not submit the

bill, within the time fixed, as aforesaid, the Engineer-in-charge may depute a subordinate to

measure up the said work in the presence of the contractor or his duly authorized agent,

whose counter signature in the measurement shall be sufficient warrant and the Engineer-

in-charge may prepare a bill from such list which shall be binding on the contractor in all

respects. In case if contractor/ representative does not remain present on specified date for

taking measurement than EIC may take the measurement one sided and the same shall be

binding to the contractor irrespective whether he has signed or not.

19. SUPPLY OF MATERIALS TO CONTRACTOR [APPLICABLE ONLY WHERE MATERIAL

IS TO BE SUPPLIED BY CORPORATION AS MENTIONED IN SCHEDULE A ]

If the specification of the estimated work provides for use of any special description of

material to be supplied from the Corporation‟s stores or if it is required that the contractor

shall use certain stores to be provided by the Engineer-in-charge, (such material and stores

EW-373 PUR-F-006 RFQ-79172

and the prices to be charged thereof as hereinafter mentioned being so far as practicable

for the convenience of contractor but not so as in any way to control, the meaning or effect

of this contract specified in the schedule or memorandum hereto annexed). The contractors

shall be supplied with such materials and stores as may be required from time to time be

used by him for the purpose of the contract only and the value of the full quantity of

materials and stores so supplied shall be set off or deducted from any sum due or

thereafter to become due to the contractor, under the contract or otherwise or from the

security deposit or the proceeds of sale thereof if the deposit is held in government

securities the same or a sufficient portion thereof, shall be sold for the purpose. All

materials supplied to the contractor shall remain the absolute property of the Corporation

and shall on account be removed from the site of work and shall at all times be open to

inspection by the Engineer-in-charge. Any such materials unused and in perfectly good

condition at time of completion or determination of the contract shall be returned to the

Corporation‟s store if the Engineer-in-charge so requires by notice in writing given under his

hand but the contractor shall not be entitled to return any such materials except with such

consent and he shall have no claim for compensation on account of any such materials

supplied to him as aforesaid but remaining unused by him or for any wastage in or

damaged thereto. The contractor shall be responsible for the loss, destruction or

deterioration of the materials, stores or articles supplied to him by the Corporation even if

such loss, destruction or deterioration has occurred under any circumstances whatsoever

beyond his control as if the materials, stores or articles so supplied were his property.

20. WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWING,

ORDERS ETC.

The contractor shall execute the whole and every part of work in the most substantial and

workman like manner and both as regarding materials and in every other respect in strict

accordance with the specification. The contractor shall also confirm exactly, fully and

faithfully to the designs, drawings and instructions in writing relating to the work signed by

the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled

to have access for the purpose of inspection at such office, or on the site of the work during

office hours and the contractor shall, if he so requires, be entitled at his own expense to

make or cause to be made copies of the specification and of all such designs, drawings and

instructions as aforesaid.

21. ALTERATIONS IN SPECIFICATIONS AND DESIGNS NOT TO INVALIDATE

The Executive Engineer shall have powers to make any alterations, or additions to the

original specification, designs and instructions that may appear to him to be necessary or

advisable during the progress of the work and the contractor shall be bound to carry out the

work in accordance with any instruction in this connection which may be given to him in

writing, signed by the Engineer-in-charge and such alterations shall not invalidate the

contract. Any additional work which the contractor may be directed to do in the manner

above specified as part of the work shall be carried out by the contractor on same

conditions in all respect on which he agreed to do the main works and at the same rates as

are specified in the tender for the main work.

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

specifications recommended by the contractor and accepted by the competent authority,

the alteration above referred to shall be within the scope of such designs, drawings and

specifications appended to the tender.

22. RATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE OF RATE OF THE

CORPORATION

If the additional and altered work includes any class of work for which no rate is specified in

this contract, then such class of work shall be carried out at the rates entered in the

Schedule of Rates of the Corporation or at the rate mutually agreed upon between the

Executive Engineer and the Contractor, whichever are lower. If the additional or altered

work for which no rate is entered in the Schedule of Rates of the Division is ordered to be

carried out before the rates agreed upon then the contractor within seven days of date of

receipt by him of the order to carry out the work should inform the Executive Engineer for

the rate which it is his intention to charge for such class of work and if the Executive

EW-373 PUR-F-006 RFQ-79172

Engineer does not agree to this rate, he shall be noticed in writing, be at liberty to cancel his

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

consider advisable provided always that if the rates shall have been determined as lastly

herein before mentioned then in such case he shall only be entitled to be paid in respect of

the work carried out or expenditure incurred by him prior to the date of the determination of

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

Engineer in the event of disputes, the decision of the General Manager of the Corporation

will be final.

23. EXTENSION OF TIME LIMIT IN CONSEQUENCE OF ADDITION OR ALTERATION

The time limit for the work shall be extended in the proportion that the increase in its cost

occasioned by alterations or additions bears to the cost of the original contract work and the

certificate of the Engineer-in-charge as to such proportions shall be conclusive.

24. NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK TO BE

CARRIED OUT

If at any time, after the execution of the contract documents, the Engineer-in-charge shall,

for any reason whatsoever, requires the whole or any part of the work, as specified in the

tender, to be stopped for any period or shall not require the whole or part of the work to be

carried out at all or to be carried out by the contractor, he shall give notice in writing of the

fact to the contractor who shall thereupon suspend or stop the work totally or partially as the

case may be in any such case, except as provided here under. The contractor shall have

no claim to any payment or compensation whatsoever on account of any loss in profit or

advantage which he might have derived from the execution, of the work in full but which he

did not so derive in consequence of the full amount of work not having been carried out or

on account of any loss that he may be put to on account of materials purchased or agree to

be purchased or for unemployment of labour recruited by him. He shall not also have any

claim for compensation by reason of any alterations having been made in the original

specification, drawings, designs and instructions which may involve any curtailment of the

work as originally contemplated. Where, however, materials have already been purchased

or agreed to be purchased by the contractor before receipt by him of said notice, the

Executive Engineer provided they are not in excess or requirement and are of approved

quality and/or shall be compensated for the loss, if any, that he may put to in respect of

materials agreed to be purchased by him. The amount of such compensation to be

determined by the Executive Engineer, whose decision shall be final. If the contractor

suffers any loss on account of his having to pay, his labour charges during the period,

during which the stoppage of work has been ordered under this clause the contractor shall

on application be entitled to such compensation on account of labour charges as the

Executive Engineer whose decision shall be final, may consider reasonable provided that

the contractor shall not be entitled to any compensation on account of labour charges if, in

the opinion of the Executive Engineer, the labour could have been employed by the

contractor elsewhere for the whole or part of the period during which the stoppage of the

work has been ordered as aforesaid.

25. NO CLAIM FOR COMPENSATION ON ACCOUNT OF LOSS DUE TO DELAY IN

SUPPLY OF MATERIALS BY CORPORATION

The contractor shall not be entitled to claim any compensation from Corporation for the loss

suffered by him on account of delay by Corporation in the supply of materials entered in

Schedule A where such delay is caused by:

 Difficulties relating to supply of railway wagons.

 Force Majeure

 Act of God

Any other reasonable cause beyond the control of Corporation, including shortage of

materials to be supplied by the Corporation and difficulties in time by reaching at the site of

any materials equipment.

In the case of such delay in the supply of materials, Corporation shall grant such extension

of time for the completion of the works as shall appear to the Executive Engineer to be

reasonable in accordance with the circumstances of the case. The decision of the

Executive Engineer as to the extension of time shall be accepted as final by the contractor.

26. TIME LIMIT FOR COMPENSATION CLAIMS

EW-373 PUR-F-006 RFQ-79172

Under no circumstances, whatsoever, shall the contractor be entitled to any compensation

from Corporation on any account unless the contractor has claimed in writing to the

Executive Engineer within one month of the cause thereof.

27. ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK

If at any time, before the security deposit is refunded to the contractor, it shall appear to the

Executive Engineer or his subordinate in charge of the work that any work has been

executed with unsound, imperfect or unskillful workmanship or with materials of inferior

quality or that any materials or articles provided by him for the execution of the work are

unsound or of inferior quality to that contract for or are otherwise not in accordance with the

contract, it shall be lawful for Engineer-in-charge to intimate this fact in writing to the

contractor and then notwithstanding the fact that the work, materials, or articles complained

of, may have been inadvertently passed, certified and paid for, the contractor shall be

bound forthwith to rectify or remove and reconstruct the work so specified in whole or any

part, as the case may require or if so required shall remove the materials or articles so

specified and provided other suitable materials or articles at his own charge and cost, and

in the event of his failing to do so within a period to be specified by the Engineer-in-charge

in the written intimation aforesaid the contractor shall be liable to pay compensation at the

rate of one percent on the amount of the estimate for every day not exceeding ten days

during which the failure so continues and in the event of any such failure as aforesaid, the

Engineer-in-charge may rectify or remove or re-execute the work or remove and replace the

materials or articles complained of, as the case may be, at the risk and expense in all

respects of contractor should the Engineer-in-charge consider that any such inferior work or

materials as described above may be accepted, or made use of, it shall be within his

discretion to accept the same as such reduced rates as he may fix thereof.

Provided that in the case of any work of which visible check is not possible if the Engineer-

in-charge or his subordinate in charge of the work feels that such work has been executed

with unsound, imperfect or unskillful workmanship or with materials of inferior quality, he

shall take sample tests at random, cost of which shall have to be borne by the contractor

and if after taking such test part of such work is found to be defective in any respect or to

have been executed with materials of inferior quality then the contractor shall pay for the

whole work such amount as may be fixed by the office of the Engineer-in-charge on the

basis of the lowest quality of work found by him in such sample tests.

28. WORK TO BE OPENED TO INSPECTION, CONTRACTOR OR RESPONSIBLE AGENT

TO BE PRESENT.

All works under execution or in pursuance of the contract shall at all times be open to the

inspection and supervision of the Executive Engineer and his subordinate and contractor

shall at all times, during the usual working hours and at all other times at which reasonable

notice of the intention of the Executive Engineer or his subordinate to visit the works shall

have been given to the contractor, during which period either he should be present to

receive order and instruction, or have a responsible agent duly authorized agent shall be

considered to have the same force and effect as if they had been given to the contractor

29. NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP

The contractor shall give not less than five days‟ notice in writing to the Executive Engineer

or his subordinate in charge of the work, before covering up or otherwise placing beyond

the reach of measurement of any work, in order that the same may be measured and

correct dimensions thereof, taken before the same is so covered up or placed beyond the

reach of measurement and shall not be covered up or placed beyond the reach of

measurement and work without the consent in writing of Executive Engineer or his

Subordinate in charge of work. If any work shall be covered up or placed beyond the reach

without such notice having been given or consent obtained, the same shall be uncovered at

the contractor‟s expense and in default thereof no payment or allowance shall be made for

such work or for the materials with which the same was executed.

30. CONTRACTOR’S LIABILITIES

The contractor shall supply, at his own cost, all materials (except such special materials, if

any as may be supplied from the Corporation stored in accordance with the contract). Plant,

tools, appliances, implements, ladders, cordage, tackle, scaffolding and any temporary

EW-373 PUR-F-006 RFQ-79172

works which may be required for the proper execution of the work, in the original, altered or

substituted form and whether included in the specification and other document forming part

of the contract or referred to in these conditions or not and which may be necessary for the

purpose of satisfying and complying with the requirements of the Engineer-in-charge as to

any matter on which under these conditions, he is entitled to be satisfied or which he is

entitled to require together with carriage thereof to and from the work. The contractor shall

also supply without any charge the requisite number of persons of setting out works and

counting, weighting and assisting in the measurement of examination at the time and from

time to time of the work or materials, failing this the same may be provided by the Engineer-

in-charge at the expenses of the contractor and the expenses may be deducted from any

money due to the contractor under the contract or from his security deposit or the proceeds

of sale thereof or of a sufficient portion thereof, the contractor shall provide all necessary

fencing and light required to protect the public from accident and shall also be bound to

bear expenses of defense of every suit, action or other legal proceedings of law that may

be brought by any person for injury sustained. Owing to neglecting of the above precautions

and to pay any damage and cost which may be awarded in such suit, action or proceedings

to any such person or which may with the consent of the contractor be paid in comprising

any claim by any such person.

31. CONTRACTOR LIABLE FOR ALL DAMAGE

Compensation for all damage done intentionally or unintentionally by contractor‟s laborer,

whether in or beyond the limit of Corporation‟s property, shall be estimated by the Executive

Engineer or such other office as he may appoint and the estimates of the Executive

Engineer, subject to the decision of the Superintending Engineer, on appeal, shall be final

and the contractor shall be bound to pay the amount of the assessed compensation demand,

failing which, the same will be recovered from the contractor as damages or deducted by the

Engineer-in-charge from any sums that may be due to or become due from Corporation to

the contractor under this contract or otherwise.

The contactor shall bear the expenses of defending any action or other legal proceeding that

may be brought by any person for injury sustained by him owing to negligence of precautions

for prevent the spread of fire and he shall also pay any damage and cost that may be

awarded by the court, if in consequence

32. RESCISSION OF CONTRACT AND FORFEITURE OF DEPOSIT

The contractor shall not assign or sublet, without the written approval of the Engineer-in-

charge and if the contractor assign, or sublet his contract, or attempt to do so or become

insolvent or commence any proceedings to be adjudicated as insolvent or make any

composition with creditors, attempt to do so, the Engineer-in-charge may, by notice in writing

rescind the contract. Also, if any bribe, gratuity, gift, loan, perquisite, reward or advantage

pecuniary or otherwise shall either directly or indirectly be given, promised or offered by the

contractor or any of his servants, or agents, or any person to the employee of the

Corporation in any way relating to his office or indirectly interested in the contract, the

Executive Engineer may, by ten days‟ notice in writing, rescind the contract. In the event of a

contract being rescinded the security deposit of the contractor shall there upon stand

forfeited and be absolutely at the disposal of the Corporation and the same consequences

shall ensure as if the contract has been rescinded under Clause 11 thereof and in addition

the contractor shall not be entitled to recover or be paid for any work thereof actually

performed under the contract.

33. COMPENSATION

All sums payable by a contractor by way of compensation under any of these conditions shall

be considered as a reasonable compensation to be applied to the use of Corporation without

reference to the actual loss or damage sustained and whether any damage has not been

sustained.

34. CHANGE IN THE CONSTITUTION OF FIRM TO BE NOTIFIED

In case of tender by partners of a Firm, any change in constitution of firm shall be forthwith

notified by the contractor to the Executive Engineer for his information.

35. WORKS UNDER DIRECTION OF SUPERINTENDING ENGINEER

All works to be executed under the contract shall be executed under the direction and subject

to the approval of Superintending Engineer /Engineer-in-charge for the time being who shall

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be entitled to direct at what point or points and in what manner they are to be commenced

and from time to time to be carried on.

36. DECISION OF SUPERINTENDING ENGINEER TO BE FINAL

Except where otherwise specified in contract and subject to the power delegated to him by

Corporation under the Corporation‟s rules, then in force, the decision of the Superintending

Engineer/EIC for the time being shall be final, conclusive and binding on all the

specifications, designs, drawings and instructions herein before mentioned and as to the

quality of workmanship or material used on or as to any other question, claim, right matter or

thing whatsoever in any way arising out of or relating to the contract, designs, drawings,

specifications, estimates, instructions, orders or these conditions or otherwise concerning,

the works or the execution or failure to execute the same, whether arising during the

progress of the work or after the completion or abandonment thereof.

37. Dispute Resolution Mechanism: For works contracts and composite Contracts, the

arbitration mechanism shall be governed by the Gujarat Public Works Contracts Disputes

Arbitration Tribunal Act, 1992 as per below details.

sub clause 37(1) Amicable Settlement : Any dispute, difference, controversy or claim

between the Parties arising out of or relating to this contract with reference to the

construction, interpretation, breach, termination or validity thereof (hereinafter referred as

"the Dispute") shall, upon the written request of either Party be referred to the authorized

representatives of the Disputing Parties for resolution. The authorized representatives shall

promptly meet and attempt to negotiate in good faith a resolution of the Dispute within thirty

days of the service of the request.

sub clause 37(2) Arbitration : If the Parties fail to amicably resolve the disputes or

differences or contrary claims as indicated herewith in sub clause (1) of Clause 37 arising

under or in connection with the present works contracts, whether pertaining to works

contracts alone or works and procurement both, the same shall be referred to arbitration

under the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992."

38. STORES TO BE OBTAINED FROM CORPORATION [APPLICABLE ONLY WHERE

MATERIAL IS TO BE SUPPLIED BY CORPORATION AS MENTIONED IN SCHEDULE A]

The contractor shall obtain from the Corporation stores, such articles as are mentioned in

schedule “A” which may be required for the work or any part of the work or in making up

any articles required therefore or in connection therewith, unless he has obtained

permission in writing from the Executive Engineer or obtained such stores and articles from

elsewhere. The value of such stores and articles as may be supplied to the contractor by

the Engineer-in-charge will be debited to the contractor in his account at the rate shown in

the schedule “A” attached to the contract and if they are not entered in said Schedule, they

shall be debited to him at cost price which for the purpose of this contract shall include cost

of carriage and all other expenses whatsoever which may have to be incurred in obtaining

delivery of the same at the stores aforesaid and further overhead charges 15%.

The Contractor shall be responsible for the loss, destruction or deterioration of the

materials, stores or articles supplied to him by the Corporation, even if such loss,

destruction or deterioration has occurred under any circumstances whatsoever beyond his

control as if the materials, stores or articles so supplied were his property. The contractor

shall be responsible for returning the residual materials after completion of the contract and

it fails to return, the balance materials supplied to him by the Corporation, the cost of the

residual materials will be recovered from the contractor at the market rate or stock issue

rate whichever be higher at the time of materials account plus 15%.

39. LUMP SUMS IN ESTIMATE

When the estimate on which tender is made, includes lump sums in respect of parts of the

works the contractor shall be entitled to payment in respect of the items of works involved

or the part of the work in question at the same rates as are payable under this contract or

such items or if the part of work in question is not in the opinion of the Engineer-in-charge

capable of measurement the Engineer-in-charge may at his discretion pay the lump sum

amount entered in the estimate and the certificate in writing of the Engineer shall be final

and conclusive against the contractor with regard to any sum or sums payable to him under

the provision of this clause.

40. LUMP SUM TENDERS

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Whenever lump sum tenders have been invited for buildings or other structures of the same

type, design, the contractor shall submit his bill stated in Clause No. 18 and the Engineer-

in-charge not below the rank of work, Executive Engineer shall certify by general

measurement or by other method considered suitable to him, the value of work done and

the contractor shall be paid monthly a sum equal to 90% of the total value the work so

certified, since the last payment, after deducting a part or whole of the secured advance if

not already paid for the materials utilized on the works. An additional secured advance for

any fresh materials utilized on the works. An additional secured advance for any fresh

materials brought on site will also be paid if certified by the officer not below the rank of

Executive Engineer. After the work is completed final bill would be paid on the certification

of officer not below the rank of Executive Engineer, that the work, is done according to

drawing and specifications attached to the tender. If any additions and alterations have

been carried out, detailed measurement in respect thereof shall be recorded and extra

payment or deductions are regulated as per item rates quoted by the contractor while

submitting the tender and if there are any items in the additions and alterations for which

the contractor has not quoted a rate, the payment shall be as per Clause 39 above

41. ACTION WHERE NO SPECIFICATION

In the case of any class of work for which there is no such specification as is mentioned,

such work shall be carried out in accordance with the PWD and in the event of there being

no PWD specification, the work shall be carried out in all respects in accordance with the

instructions and requirements of the Engineer-in-charge of the Corporation etc.

42. NO CLAIM FOR VARIATION IN QUANTITIES OR WORK

Quantities shown in the tender are approximate and no claim shall be entertained for

quantities of work actually executed, being either more or less up to any extent than those

entered in the tender or less than those entered in the tender or estimate.

43. NO CLAIM FOR COMPENSATION FOR DELAY IN STARTING WORK

No compensation shall be allowed for any delay caused into starting of work on account of

acquisition of land and in the case of clearance for works or any delay in according sanction

to estimates.

44. NO CLAIM FOR COMPENSATION FOR DELAY IN EXECUTION OF WORK

No compensation shall be allowed for any delays in execution of the work on account of

water standing in borrow pits or compartment. The rates are inclusive for hard or cracked

soil, excavation in mud, sub-soil water or water standing in borrow pits and no claim for any

extra rate shall be entertained unless otherwise expressly specified and mentioned in the

45. EMPLOYMENT OF TECHNICAL PERSONS:

The contractor shall keep one full time qualified Civil Engineer at the site, who shall be fully

authorized to receive and comply with such instructions, as given by the Executive

Engineer. The contractor shall intimate the name of such Engineer with his qualifications

and experience. The Executive Engineer shall have the right to demand the removal of any

technical personnel, skilled or unskilled workmen, who in his opinion are considered to

cause bad workmanship in the execution of works or to cause indiscipline.

46. Terms and Conditions regarding Labour La w s

During the entire period of the contract, the Contractor and his Sub-Contractors shall at all times

comply with all applicable labour laws, rules, regulations, notifications, and bye-laws issued by

the Central Government, State Government, or Local Authorities. This includes all existing laws

as well as any amendments or new notifications that may come into force during the contract

The Contractor and his Sub-Contractors shall, at all times abide by the following Acts/Statutes

related to Human Resources:

1. Factories Act, 1948;

2. Contract Labour (Regulation & Abolition) Act, 1970;

3. EPF & MP Act, 1952;

4. Building & Other Construction Workers (Regulation of Employment & Conditions of Service)

5. ESI Act, 1948;

6. Minimum Wages Act, 1948;

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7. Payment of Wages Act, 1936;

8. Payment of Bonus Act, 1965;

9. Payment of Gratuity Act, 1972;

10. Workmen‟s Compensation Act, 1923;

11. ID Act, 1947;

12. Maternity Benefit Act, 1961;

13. Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act,

14. The Building And Other Construction Workers' Welfare Cess Act,

17. The Carriage by Road Act,

The above list is only indicative and not exhaustive. The Contractor shall remain fully

responsible for ensuring compliance with all other applicable labour and welfare legislations,

rules, and regulations in force during the contract.

The following are some of the major responsibilities of the contractor, in addition to other

obligations prescribed under various labour laws, rules, and regulations issued by statutory

authorities such as the State Government or Government of India from time to time, which the

contractor shall strictly comply with during the execution of the contract.

1) The Factories Act,

The contractor should not deploy worker below the age of 18 years and above

years for the awarded work.

Earn Leave shall be paid to their bonafide contract workers as per the provisions

of the Factories Act,

Payment of Earned Leave should be made monthly together with wages for better

compliance of law. The contractor shall maintain Earn Leave Register in Form No.

as per the provisions of the said Act and submit the same on demand.

All the written registers, Performa etc. shall be maintained up to date and kept

ready for inspection at any time or submitted on-time to the concerned

authorities as per applicability of the Acts by contractor.

2) The Contract Labour (Regulation and Abolition) Act,

The Contractor / Agency shall have to obtain the Labour License under Contract

Labour (Regulation & Abolition) Act from the appropriate authorities before

commencement of work. The contractor shall maintain a valid labour license under

the Contract Labour (Regulation and Abolition) Act for employing necessary man

power to be required by contractor.

The contractor should not be allowed to engage fifty (50) or more contract labourers

without initiating to obtain the labour license under the Contract Labour Act. (the

said number i.e., fifty (50) or more includes Supervisor and other staff).

3) Minimum Wages Act,

Contractor shall have to make the payment of wages to the Contract Labours engaged by

them, on or before 7th of every month through nearest Nationalized Bank compulsory,

preferably situated in the premises of TPS area in case of all works contract. The Contractor

shall supply copy of Bank Statement duly stamped by the Concerned Bank as well as debited

EW-373 PUR-F-006 RFQ-79172

entry of amount displayed in the contractors‟ own bank account as token of proof towards

payment of Wages through CLIM/prevailing system at relevant time. Apart from Payment of

wages through Bank, Contractors shall have to make all other payments like Advances,

Bonus, Leave Encashment etc. to their labours through bank only and cash payment/entry will

not be allowed.

Wages rates for contract laborers are applicable as per the terms and conditions of the

license. The contractor shall have to pay wages to workers as notified by the Government of

Gujarat from time to time.

Any default to pay the minimum wages to the engaged workers and deprived of their right to

minimum wages payment on or before 7th of each month shall be dealt as per the provision of

labour laws. Recurrence of the same may lead to cancellation of awarded contract.

4) The Provident Fund and Miscellaneous Provisions Act,

The contractor must possess separate P.F. code on the name of the Firm / Agency /

Company itself for the subject work.

It should be ensured that all the contract labours engaged by contractor are

covered under the provident fund scheme and employee‟s pension scheme and

their contribution must be remitted regularly to the concerned R P F C . The

photocopies of challan along with E C R in this regards should be submitted

regularly to the User Department to enable their onward billing clearance.

The contractor shall submit along with his bill (month wise) statement regarding

deductions against employees‟ provident fund and family pension scheme in

respect of each concerned employee. Provident fund and family pension scheme

at the rate of 12 % of wages (or at the rates made applicable by the

Government time to time). The contractor‟s contribution and his workers

contribution towards provident fund and family pension scheme shall deposited

by the contractor with concerned PF Authorities.

5) Wor km en’s Compensation & E m p l o y e r ’ s L i a b i l i t y Ins ur anc e.

The contractors shall have to obtain Employee Compensation Policy under

the Employees Compensation Act before starting the work. Employee

Compensation Insurance shall be obtained for all the workers engaged for the

execution of awarded contract. If any of the work is sub-letted, the contractor shall

ensure that the sub-contractor take and provide workmen's compensation and

Employer's liability insurance for the labours engaged. Contractor is liable to pay

compensation in case of accidental injury arising out of and in the course of

employment as per the said Act and shall bear medical expenses due to on duty

6) The Payment of Gratuity Act,

For better compliance, contractor shall pay amount of gratuity on a monthly basis along with

the payment of wages, calculated on a pro-rata basis per month, which is equivalent to

days‟ wages for each completed year of service for every worker. (* applicable to A R C /

B R C works contract only)

7) The Payment of Bonus Act,

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Every worker shall be entitled to be paid by the contractor in an accounting year,

bonus, in accordance with the provisions of this Act, For better compliance, the

contractor should pay bonus amount on a monthly basis along with wages

calculated on a pro-rata basis per month. Contractor has to submit the paid bonus

details of its worker in Form No. C as per the provisions of the said Act as and

when required by the Govt. Authority as well as by G S E C L .

8) The Maternity Benefit Act,

Contractor shall ensure that entitled female worker should provide Maternity

Leave and other benefits as per the provision of the said Act.

9) The Building and other Construction Workers’ Act,

For any construction work, fall under the definition of Section 2(1)(d), happening

outside / inside the Factory premises the said act will be applicable and the

contractor or its sub-contractor shall be liable to comply with the provisions framed

there under.

10) The contractor shall give preference to existing or local contract workers for

engagement in the awarded contract and shall issue appointment orders to each

and every workers individually at the time of their eng agement during the period of

contract and terminate the same at the end of the each contract.

Follow the mentioned procedure at each milestone for the execution of works

11) On Commencement of Contractual Work

1. Before starting the work, the contractor may contact Labour Welfare Officer /

Industrial Relations Officer for all formalities related to labour law compliance

before commencement of the contract and onward Labour Law compliance

thereof, so that later no dispute will arise in respect of compliance of labour

2. It is the responsibility of the contractor to ensure that contractor‟s

employees maintain strict discipline as regards security, methods of safe

working etc, and not to cause any hindrance to smooth running of power station

or in execution of duties by G S E C L staff. Any lapse in this regard will be viewed

seriously and if lapse found, contract is liable to be terminated. If any of

contractor‟s staff is found unsuitable or not behaving properly, the

contractor shall have to remove such worker from the work-site on demand

by EIC. To maintain harmonious industrial relations amongst contract labours

is solely the responsibility of contractor. Any breach of the same will be viewed

seriously.

3. A digital system developed at the request of the agencies working at the

premises of GSECL, is to facilitate them for easy, efficient, effective

management of data, gate passes, attendances, medical records, Police

Verification documents etc related to their employees / workers deployed for

various works and services against work order of GSECL.

4. On receipt of LOA and before commencement of work, authorized

representatives of the agency shall login in the CLIMS online portal / prevailing

EW-373 PUR-F-006 RFQ-79172

system at relevant time and apply for registration of their emplo yees / workers

uploading all information with required documents in digital form. Upon

completion of due verifications, clearance by EIC and HR departments,

contracting agency will obtain gate passes. GSECL will only consider documents

like wage sheet duly accepted and signed by individual workers, as per the

engagement/deployment duration/hours of individual worker duly certified by the

agency, being the employer, for the purpose of payment of bills and HR

clearances.

Agency shall be solely responsible for maintaining accurate and up-to-date data

of their workers in the portal/ prevailing system at relevant time. All statutory

compliances under prevailing laws shall remain the responsibility of the

contracting agency. The agency shall indemnify GSECL agains t any liabilities

arising from non-compliance of legal provisions or inaccuracies in the data

maintained by them in the digital portal of CLIMS/prevailing system at relevant

5. The Contractor who intends to engage labours more than the specified limit

under law, then necessary - Form No. V under the Contract Labour (R& A) Act,

1970 or Form No. VI under the Interstate Migrant worker (employment

regulation) Act 1979 as applicable is to be obtained for the purpose of

obtaining Labour License from the Licensing Authority.

6. It shall be the duty of the Contractor or his Supervisor to ensure Bio-Metric

punching and reporting at the location of work.

7. The contractor shall employ adequate number of experienced staff at site for

daily supervision and for maintaining of various registers and records required

under the Labour laws and contracts. No payment for such supervision shall be

admissible.

8. The gate passes obtained for any specific work order will be valid for that

specific work order only and contractor should not divert the man power for

any other work order. If any work or part thereof is desired/required to

sublet, the contractor shall obtain the necessary permission of EIC in black

and white well in advance which is mandatory for considering the statutory

documents of agency other than the agency who awarded work order.

12) During Contractual Work under the progress:

1. All Contractors shall have to make the payment of wages to the Contract

Labours engaged by them, on or before 7th of every month through Nearest

Nationalized Bank compulsory, preferably situated in the premises of

p o w e r s t a t i o n area. The Contractor shall supply copy of Bank

Statement duly stamped by the Concerned Bank as a token of proof

towards payment of Wages through CLIMS / prevailing system at relevant time.

2. All Contractors has to comply & maintain statutory documents / registers under the

provision of labour laws & E P F Act.

3. In case the contractor having more than one contract in the same T P S , the

contractor shall have to obtain work order wise separate Gate Pa sse s

and submit the same with the documents of statutory compliance that too work

order wise every month to the User Department to enable their onward billing

clearance.

(13) CONTRACTOR TO INDEMNIFY THE GSECL REGARDING

EW-373 PUR-F-006 RFQ-79172

LABOUR LAWS

The contractor shall indemnify and keep indemnified the G S E C L , and every member,

officer and employees of the G S E C L , also Engineer-in-charge and his staff against all

actions, proceedings, claims, demands, costs and expenses whatsoever arising out of or

in connection with the matter referred in above clauses and elsewhere and against all

actions, claims demands, cost and expenses which may be made against the

G S E C L by any workman/ employees of contractor or any sub- contractor and or from any

liability any wise to any workman/employees of the contractor or sub-contractor under any

laws, rules or regulation having in force of law including but not limited to claims against

the owner under employee compensation Act, 1923. The Employee‟s Provident Fund

Act.1952, and/or the contract labour (Abolition and Regulation) Act,

The G S E C L shall not be liable for or in respect of or in consequence of any accident or

injury to any workmen or other person in the employment of the contractor or his sub-

contractor, and the contractor shall indemnify and keep indemnified the G S E C L

against all such damage and compensation and against all claims, demands

proceedings costs, charges and expenses whatsoever in respect of or in relation thereto.

The contractor shall at his own expense / risk and cost to comply with all the labour laws

as above- m e n t i o n e d and keep the G. S. E.C. L. indemnified in respect thereof.

G S E C L : shall be entitled / empowered to deduct directly from the bills, the amount to be paid

to engaged bonafide contract workers or the contract workers engaged by Sub-contractor;

any sum or sums payable by main contractor / sub-contractor and which sum/sums

the Corporation is required to pay in capacity of Principal Employer on account of the

of contractor in respect of all liabilities incurred out of non-compliance regarding any

provisions of Labour Laws and same amount shall be recovered from the pending dues

of the contractor with 15% administrative charges.

Any other rules and regulation, conditions, circulars etc., that are in force at present and

that may be framed by the G S E C L from time to time in connection with contracts will be

binding and acceptable to contractor.

The above are some of the major liabilities of the contractor in addition to other liabilities

prescribed under the various labour laws in force from time to time from Statutory Authorities

like State Government / Government of India, which the contractor shall have to comply with.

The contractor shall provide the name of authorized representative, as provided to other

statutory Government authorities and will be notified to Engineer In-Charge time to time.

14) Submission of Statutory documents to ensure the compliances:

The contractor shall upload statutory documents, work order-wise, under Labour Laws and EPF in

CLIMS / prevailing system at relevant time.

Required documents shall be u p l o a d e d by the contractor in existing portal /prevailing

system at relevant time invariably each month to Engineer In-Charge for onward process

and smooth clearance by HR Department.

List of documents required for gatepasses of contract workers

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through clims /prevailing system

Sr. No. Description of documents attached

Copy of Work Order

2 Copy of P. F. Code No.

Insurance Policy as per subject of work order under the Workmen Compensation

4 Contract agreements/ subletting work contract documents with approval copy

Copy of Id proof of Aadhar card or Election voting card or driving license or Passport

6 Copy of Police Verification in respect of each contract workers

15. The contractor whose work order value is above Rs. 5 lacs shall have to submit “Declaration

cum Indemnity Bond” on Rs. 300/- Non-Judicial stamp paper in prescribed Performa (Annexure-

“B”) with Agreement and Indemnity Bond before the commencement of the contract.

Annexure- “B”

D E C L A R A T I O N CUM INDEMNITY BOND

(On Rs.300/- Non Judicial Stamp Paper duly notarised)

THIS DECLARATION CUM INDEMNITY BOND made at ------------------------- (mention

location) by M/S. ------------------------- having its Reg. office at-------------------------------------

-----------------(hereinafter referred to as “Contractor” which expression shall unless

it be repugnant to the context or meaning thereof, be deemed to mean and include their

respective assigns, successors, executors, subcontractors and / or administrators) of the

ONE P A R T in favour of

M/S Gujarat State Electricity Corporation Limited having its power Station at

… … … … … . . T h e r m a l Power Station (hereinafter referred to as the “Company” ),

which expression shall unless it be repugnant to the context or meaning thereof be

deemed to mean and include its assigns, successors) of the O THER PAR T.

W H E R E A S the COMPANY has entered into a contract with the Contractor for the work of”-

-----------------------------------------------------------„‟ under order No: ------------------------- dated--------

-----------------“hereinafter called the “Contract”);

AND W H E R E A S it is one of the essential conditions of the Contract that the Contractor

shall comply with all the provisions of the Labour & Industrial Laws, as may be

applicable from time to time for the discharge and completion of the works and

completion of the Works and Services covered under said Contract Labour ( R & A) Act

1970,Child Labour (Prohibition and Regulation) Act 1986,The Employees Provident

Funds & Miscellaneous Provisions Act,1952,Employees State Insurance Act

Minimum Wages Act,1948,Payment of Bonus Act,1965,Payment of Wages Act,1936,

Employees Compensation Act.1923, Factories Act,1948 and other Labour Laws, Rules,

Notifications and Codes which are at present applicable to the contractor and which may

be applicable during the tenure of the contract (hereinafter referred as the „Laws‟).

AND W H E R E A S the Contractor has agreed to execute this Declaration cum Indemnity

Bond to this effect and has agreed to indemnify and Company, it‟s Directors, Officers and

employees and representatives indemnified and hold harmless against all third party

EW-373 PUR-F-006 RFQ-79172

claims, charges ,penalties, fines, expenses ,losses, damages costs, suits or any other

levy against the Company and/or the management due to the failure of the Contractor

to observe or follow all applicable laws.

NOW THIS DEED W I T N E S S E TH A S UNDER

1. The Contractor hereby declares that all acts, deeds, actions, activities, conduct and lapse,

delays, misdeeds, faults, breaches, inactions etc done by his assigns, successors,

executors, subcontractor and / or administrators shall be construed to be have been

done by the contractor and he alone shall be liable for such acts, inactions etc.

2. In consideration of the Company awarding the Contract to the Contractor subject

to the condition of execution of this Declaration cum Indemnity bond, the Contractor

declares and represents to the Company that the Contractor has obtained all

Statutory registrations, Certificates, licenses and approvals required under the

Laws enabling the Contractor to execute the Contract in a legal and lawful

3. That in the event of any liability arising out of non-compliance of any „Laws‟ of the land by the

Contractor in connection with the Performance of the contract, the Contractor shall bear

all the resultant liability (ies) whatsoever, if any and that the company , its Directors, Officers and

employees, representatives, shall not be liable for any such liability(ies). The Contractor undertakes

to indemnify and keep the Company and its Directors, Officers and employees,

representatives indemnifies, defend and hold harmless, against all losses, costs,

damages, claims, penalties, interest, expenses, demands, fines, legal liability,

causes of action, injury to persons, suits etc., which may be suffered, incurred,

undergone and / sustained by the Company including the Costs and expenses that

may be incurred in defending any such liability(ies) claim(S), Proceeding (S)

etc. that maybe made or taken or taken or arise on the same by any

Person, body, authority, government, judicial / quasi - judicial authority due to

the failure or non-compliance of any such laws and rules there

under (including any amendments in acts, laws, statutes & rules there under) of

whatsoever kind and nature arising out of or in any way connected with,

whether or not such acts or omissions are actual or alleged, active or passive

with regard to the discharge of the said Contract.

4. The Contractor further declares that in case of any suit / claim / right /

damages / compensation / fine / levy / charges / expenses / losses / penalties /

costs raised by the third party, including contract labours engaged by the

contractor, he shall join such proceedings in such Suit/Court/Tribunal/Authority and

effectively defend the same.

5. The Contractor hereby agree and undertakes to make good any loss,

damage, claims, suits, demands, decrees, expenses that the Company may

suffer to the fullest satisfaction of the Company and if the Contractor fails to

make good the same then the Company shall have the right to recover the

same from and or any other loss sustained, without any restriction or

limitation, together with any other incidental expenses, costs, and all incidental logistic

expenses etc that may be suffered by the Company from the Contractor and the

Contractor hereby further confirms and declares that this Declaration cum

Indemnity Bond is irrevocable and shall be final and binding on him, his heirs,

executors, administrators, legal representatives, successors, subcontractors and

EW-373 PUR-F-006 RFQ-79172

assigns, wherever the context applies. any claims, demands, shall be adjusted

against any amount due and payable to the Contractor and the Company

shall have the right to withhold any amounts due and payable to the

Contractor, till the settlement of such claims, disputes to the Contractor towards

discharge of such claims, obligations etc.

6. This Declaration cum indemnity bond shall be in accordance with the laws of India

and any dispute between the parties with regard to this Declaration cum Indemnity

Bond shall be resolved through the dispute resolution process mentioned in the

General Conditions of the Contract (G CC).

IN W I T N E S S WH EREO F, the said Contractor has hereunto set their hand the day and

year first hereinabove written.

SIGN ED S E A L E D AND D E L I V E R E D By the within named “CONTRACTOR”

(Authorized Signatory)

Rubber Stamp of Firm/Company

Full Name:

Designation:

In presence of Witness

Name & Address of Witness Signature

1. Full Name :

Residential Address:

Contact No. :

2. Full Name :

Residential Address:

Contact No

EW-373 PUR-F-006 RFQ-79172

On Non-Judicial Stamp Paper of Rs.

To be submitted with NOTORIZED at the time of final bill

UNDERTAKING FOR LABOUR LAW COMPLIANCES

I, Proprietor / Owner / Partner / Authorized Agent of

M/s. do hereby declare and undertake as under

1. That in capacity of independent contractor for M/s.

(Sub-Contractor of M/s. ) worked as

Contractor at GSECL, GTPS Thermal Power Station for the nature of work of

against Work Order

No. Dt. ., I have

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

of my contractual period which is/are not less than the minimum rates as applicable, to all my

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

2. That I have covered all the eligible employee/s under the Employees‟ Provident Funds and

Miscellaneous Provisions Act, 1952 and deposited the contributions under my P.F. Code No.

Place: for the month/s of my contractual

period and as such no amount towards contributions whatever is payable.

3. I further declare and undertake that in case any liability pertaining to any of my worker,

labour, employee/s is/are to be discharged by the Principal Employer i.e. Gujarat State

Electricity Corporation Limited, GTPS due to my lapse, I undertake to reimburse the same or

the Principal Employer is authorized to deduct the same from my dues as payable.

4. I further declare and undertake the legal consequences which may arise in future under the

said work awarded, and I bound myself to resolve the same at the risk and cost of M/s.

EW-373 PUR-F-006 RFQ-79172

EW-373 PUR-F-006 RFQ-79172

EW-373 PUR-F-006 RFQ-79172

47. MATTERS RELATED TO EXECUTION OF WORK:

a) Work shall commence from the date given in letter to commence the work by EIC at site.

The Contractor shall make all necessary arrangements at site to mobilize labour, operators,

divers and materials and maintain necessary number of machinery and equipment, barge,

pontoons etc., to guarantee the agreed rate of progress of work as per schedule.

b) A detailed work schedule showing how he proposes to carry out the work, specifically

mentioning time periods as well as date of commencement and completion of each activity

and such approved schedules must be strictly adhered to by the CONTRACTOR. After the

owner has agreed with the schedule, the Contractor shall prepare detailed program of each

work front/activity breaking it down giving daily quantifiable/measure of progress. The

schedules are to be reviewed periodically with the OWNER / ENGINEER to ensure that the

completion date will be met or to institute corrective steps (at no extra cost to the

ENGINEER) to adhere to the completion dates. The OWNER reserves the right to revise the

schedule at his discretion in order to keep up to the completion date and to suit the project

requirement and such alterations shall not entitle the CONTRACTOR to any extra payment.

c) A work schedule with PERT / Bar Chart for carrying out the work in prescribed time limit

mentioning date of commencement, activity to be carried with its time period, starting &

finishing event for each activity, completion of total project in critical path etc, shall be jointly

fixed and approved by the GSECL. Such approved schedules must be strictly adhered by the

Contractor.

d) After the GSECL has agreed with the schedule, the Contractor shall prepare detailed

program of each work front / activity breaking it down to daily quantifiable measure of

progress. The schedules are to be reviewed periodically with the Owner / E.I.C to ensure that

the completion date will be met or to institute corrective steps (at no extra cost to the GSECL)

to adhere to the completion dates. The Owner reserves the right to revise the schedule at his

discretion in order to keep up to the completion date and to suit the project requirement and

such alterations shall not entitle the Contractor to any extra payment.

e) The GSECL reserves the right to delete any item of schedule-B for which contractor shall not

have any right to claim on this account.

f) One permanent reference bench mark and a reference base line shall be given for lay out of

work, which shall be maintained without disturbance by the CONTRACTOR during the tenure

of the contract. CONTRACTOR shall establish local bench marks as directed by the

ENGINEER IN CHARGE.

g) The contract or any part thereof shall not be subject to change without the written permission

of the Chief Engineer (Gen.) GSECL, GANDHINAGAR TPS or his authorized

representatives.

h) During the execution of the work if it is found that the work is not progressing as per the

scheduled program approved by the GSECL & planned by the contractor, due to the reasons

attributable to the contractor, suitable action shall be taken as per Clauses in this tender

elsewhere & other relevant clauses appearing in the section of “Terms & condition of tender

& works contract, Legal conditions of works contract” of tender document. And the GSECL

may also take such action as it may deem fit to ensure that the work is completed in time at

Risk and Cost of the contractor.

i) Contractor shall attend meetings at EIC's office at site or any other place as fixed by the EIC,

as and when required for review, discussion, coordination etc. Attending these meetings shall

be obligatory on the part of the Contractor, at no cost to the GSECL.

j) The Contractor shall take all requisite & necessary care to observe that no damage is caused

to the existing, pumps, existing works, service road, or any other structure etc. For any

damage to the existing structures of the GSECL, the Contractor shall be held responsible and

he will have to rectify the damage immediately up to the satisfaction of Engineer in Charge, at

his own cost.

k) The work shall be completed within the period stipulated in the contract. & site clearance

arranged according to the progress of work at site. Therefore, the contractor has to organize

& coordinate the work to suit these circumstantial conditions. In the event of any delay due to

the above or due to any other reason not attributable to the contractor, reasonable extension

in completing the work may be given at the discretion and as decided by the GSECL but no

compensation or idle charges will be payable to the contractor on this account or any site

conditions under any circumstances.

l) No idle charges shall be entertained by GSECL for any site condition or any circumstances.

EW-373 PUR-F-006 RFQ-79172

The corporation will not pay any type of advances including mobilization advance

48. RECOVERIES:

a) In case of any damage to equipment / machinery or structure / building of GSECL or any

public property due to negligence of contractor or any other reasons attributed to contractor,

the decision of E.I.C. regarding the amount of recovery shall be final.

b) If the contractor fails to execute the work as per direction of E.I.C. within the time frame

given, the GSECL shall get the work done through any other contractor at the risk and cost of

the contractor and the cost of execution of such work along with 15% overhead charges shall

be deducted from contractor‟s monthly bill over and above recovery as per rules.

c) Recoveries due from the contractor, up to the end of the month previous to the one in

which the bill is prepared shall be made from bills approved for payment every month or at

other periods when the bills are prepared, for the various items in the following order of

priorities and extents.

d) Deduction on account of security deposit in full together with shortage, if any, to be made

e) Penalty in full, if levied.

f) Expenditure, if any, incurred by the Corporation on Contractor‟s behalf in labour or materials

g) Charges for services such as water and power supply etc. in full.

h) Charge on account of supply of materials like cement and steel in case of shortages found in

balance or excess consumption than specified.

i) Hire charges for Corporation or Government machinery if any.

j) Recoveries of advance and secured payment or payments for preliminary work in full or the

installment due if and as the same as may have been allowed.

k) Rent recovery on account of allotting quarters on rent as per Corporation‟s rules.

l) Income tax and sales tax in full as per Government rules.

m) Outstanding recoveries in respect of other contracts awarded by the Corporation if any.

n) Other recoveries. (If any)

49. WORK TO BE EXECUTED TO THE SATISFACTION OF THE ENGINEER -IN-CHARGE:

The contractor shall proceed with the work with diligence and expedition and the whole

of the work herein specified as well as the mode of execution shall be under the

supervision and direction and shall be carried on to the entire satisfaction of the Engineer-

in-charge, who shall have full power to order the contractor to alter, enlarge or diminish

the form, dimensions, positions, or quantities of any of the work or to make use of material

and workman-ship of different descriptions and qualities from this herein specified.

The whole of the works, together with any temporary works, associated therewith, shall be

carried on in the most substantial proper and mannered workman like manner, with the best

materials and workmanship and to the entire satisfaction of the Engineer-in-charge and in

such order of time as he may direct. The contractor shall attend to and execute without delay

all orders and instruction which may from time to time be issued by the Engineer-in-charge.

50. MATERIALS WORKMANSHIP etc.:

The work shall be executed in thoroughly substantial manner with material and workmanship

of best quality and strictly in accordance with the specifications and with the drawings, or

with such other drawings or written instruction as may from time to time be furnished to the

contractor, in accordance with terms of this contract and shall be completed in every respect

with all materials and workmanship implied and necessary according to the fair interpretation

and meaning of the same and should there be any discrepancy between the drawings and

specifications or any difference or disputes as to the dimensions to be worked to or the

quality of the materials to be used, or the mode of doing periodical quantity of the work to be

executed or with respect to any subject arising out of this contract, the decision of the

Engineer-in-charge shall be final and binding on all parties. Rejected material shall be so

disposed off as to obviate any possibility of their use on works. The place, method and period

of disposal shall be as directed by the Engineer-in-charge.

51. SAMPLES OF DESCRIPTIVE DATE:

Samples of descriptive date, requiring approval, shall be submitted by contractor to the

Engineer-in-charge in good time before the use of such material for inspection and

permission of testing if required. The samples shall be properly marked to show the name

of the material, manufacture, place of origin, and place where to be used etc. Failure of

any sample to pass specified tests will be sufficient cause for the refusal to consider any

further sample from the same source.

EW-373 PUR-F-006 RFQ-79172

52. FENCING AND LIGHTING AND VENTILATION

Except as herein after provided, the contractor shall unless otherwise specified, be

responsible for the proper fencing, guarding, lighting and taking of the necessary safety

measures for all works comprised in the contract and or the proper provision of temporary

roadway, footways, guards fences, caution notices etc. as far as the same may be

rendered necessary by reasons for the work for the accommodation and protection of

workman foot passenger or other traffic and of the owners and occupiers of adjacent

property and of the public and shall remain responsible for any accidents that may

occur on account of his failure to take proper and timely precautions.

All the arrangements made for fencing, lighting and ventilation shall be maintained by the

contractor throughout the tendency of the contract till physical taking over of the work by

the department.

53. LIABILITY FOR DAMAGE TO WORKS OR PLANTS

 The contractor shall during, the progress of the work, properly cover up and protect the

work, and plant, and materials placed at his disposal or acquired for him by the

Corporation, from injury by exposure to the weather, or any cause what so ever and shall

take every reasonable proper timely and useful precaution against accident or injury to the

same from any cause and shall be and remain answerable and liable for all accidents, or

injuries thereto which until the same be or be deemed to be, taken over by the Corporation,

may arise or be occasioned by the acts or omissions of the contractor or his workmen of

sub-contractors, and all losses and damages to the works or such plant or material arising

from such accidents or injuries as aforesaid shall be made good in the most complete and

substantial manner by and at the sole cost of the contractor and to the reasonable satisfaction

of the Engineer-in-charge. If the contractor fails to make good such losses & damages

within the time given by the Engineer-in-charge, the Corporation shall be at liberty to recover

the amount fixed by the Engineer-in-charge for such losses or damages or any part thereof by

deducting it from any sum due by the Corporation to the contractor under this contract or

otherwise.

 Further the contractor shall, at all time, protect and preserve all materials, plant and equipment

that he may himself have procured for the execution of the work. All reasonable requests of the

Engineer-in-charge to enclose or especially protect any of the above shall be expeditiously

compiled with.

 If the Engineer-in-charge considers that the work or materials or plant is not sufficiently

protected by the contractor, he shall be entitled to arrange for such protection at his

unfettered discretion and recover the cost thereof from the contractor.

 Until the work shall be or be deemed to be taken, over as aforesaid, the contractor shall also

be liable for and shall be deemed to have indemnified the Corporation in respect of all damage

or injury to any person or any property of the Corporation or of others, occasioned by the

negligence of the contractor or his workmen, or his sub-contractor, or by defective design,

work or materials.

54. EXPLOSIVE PROCUREMENT AND STORAGE (IF APPLICABLE)

i) Explosives, petrol, oils, fuels and other inflammable materials shall be stored strictly in

accordance with the rule of the Explosive Department.

ii) The contractor shall at his own expense construct and maintain, proper magazines which are

required for the storage of explosive and arrange for proper storage facilities for oils, fuels etc.

for use in connection with the work.

iii) The contractor shall at his own expense obtain such license or licenses as may be necessary

for strong and using explosives, oils, fuels etc. The department shall not take any responsibility

whatsoever in connection with the storage or use of explosives on the site, or any accident or

occurrence whatsoever in connection therewith. All operation of the contractor in which or for

which Explosives are employed shall be at risk of contractor and upon his own responsibility.

55. MATERIALS TOOLS AND PLANT BROUGHT ON THE SITE OF WORK

All materials, tools and tackle of the contractor brought to and delivered upon the site for the

purpose of the work shall from the time of their being so brought shall be deemed to be the

property of the Corporation in its possession to be used for the purpose of the work and for

that purpose only and shall not on any account be removed or taken away by the contractor

or any other person without the written permission of the Engineer-in-charge but the

contractor shall nevertheless be solely liable and responsible for and loss destruction

thereof or damage thereto. The Corporation shall have a lien on such materials, tools and

EW-373 PUR-F-006 RFQ-79172

tackle for any sum of sums which may at any time prior to the completion of the works be

due or owing to the Corporation by the contractor, under in respect of and dispose of any

such materials, tools and tackle in such manner as the Corporation may think fit and to apply

the proceeding in or towards the satisfaction of such sum or sums so due or owing as

aforesaid but subject to such lien and power of sale and disposal such surplus materials,

tools and tackle shall belong to the contractor and may be removed and disposed off by him

as he may think fit.

56. ACCESS TO SITE AND WORK ON SITE

The Engineer-in-charge or his authorized representative may if he consider fit from time to

time enter upon any lands which may be in the possession of the contractor under this

contract, for the purpose of executing any work not included in this contract and may

execute such work not included in this contract by agents, or by other contractors at his

option and the contractor shall in accordance with the requirements of the Engineer-in-

charge, afford all reasonable facilities for execution of the works including occupation of

lands by structure or otherwise for any other contractor employed by the Corporation and

his workmen or for the workmen of the Corporation who may be employed in the execution

on or near the site of the work not included in the contractor‟s any contract in connection

with or ancillary to the works and in default, the contractor shall be liable to the Corporation

for any delay or expense incurred by reason of such default. Provided always that if the

exercise of those power shall cause any damage to the contractor he may within fifteen days

of such damage arising make a statement of the same to the Engineer-in-charge who shall

from time to time assess the value in his Judgment of such damage and the Corporation

shall from time to time shall pay to the contractor the amounts (if any accepted as justified)

by the Engineer-in-charge. The contractor shall not however, on account of any such

modified, new or extra work executed by or for the same of the Corporation be entitled to

claim relief from the obligation to execute other works.

57. INSPECTION OF WORKS

The Engineer-in-charge or his duly authorized agent shall have at all time full power to

inspect the works, wherever in progress, either on the site, on the contractor's premises or

at the premises wherever situated, of any firm or Corporation where work in connection with

this contract may be in hand.

Further, the contractor shall not allow, without written authorization permit entry on site of

work, any person except authorized agents of the Corporation of the Engineer-in-charge or

the contractor's staff and labour directly engaged on and in connection with the work.

The contractor shall, during working hours, maintain supervisors having sufficient training

and experience to supervise the various items and operations of the work and the said

supervisors shall remain present during the inspections of the Engineer-in-charge. All orders

and directions given to such supervisors or other staff of the contractor shall be deemed to

have been given to contractor. Further the Engineer-in-charge may be due notice, desire a

higher ranking members of the supervisory staff of the contractor to be present on any

specified inspection and the contractor shall comply with such direction.

58. CLEANING UP

 The contractor shall at all times keep the construction area and his power house and storage

areas free from accumulation of waste, or rejected materials.

 Prior to the completion of the work the contractor shall remove all rubbish from and about the

premises, and all tools, scaffolding, equipment and materials which are not part of permanent

structure. The premise will be left in a manner fully satisfactory to the Engineer-in-charge,

thereafter only the completion certificate will be issued.

59. CONTRACTOR TO KEEP INVENTORY OF MATERIALS etc.

The contractor shall prepare and maintain an inventory of all materials temporary rolling

stock, plant purchased or hired for use of employment or for any of the purposed for this

contract and such inventory or a copy thereof shall at all times be available for inspection by

the Engineer-in-charge. A complete and up to date copy of the inventory shall be submitted

to the Engineer-in-charge in the beginning and once a year; thereafter changes in the interim

period, if any shall be communicated on every three months.

60. CONTRACTOR TO RESTORE PLANT

Upon completion of the work, the contractor shall deliver to the Corporation, all appliances,

materials, and plants which may have been loaned or hired to him by the Corporation and

EW-373 PUR-F-006 RFQ-79172

make good all damages which may have occurred to them, except such as shall be caused

by fair wear and tear in execution of the works.

61. PROGRESS SCHEDULE

i) The contractor shall furnish, within one week unless extended by the Engineer of the order to

start the work, a progress schedule in quadruplicate indicating the date of start the weekly

progress expected to be achieved and the anticipated completion date of each major items of

work to be done by him, also indicating dates of procurement and setting up of materials,

plant and machinery. The schedule should be such as is practicable of achievement towards

completion of the whole work in the time limit and of the particular items on due dates

specified in the contract and shall have the approval of the Engineer. Further, the dates for

the progress as in this schedule shall be kept up-to-date. In case it is subsequently found

necessary to alter this schedule, the contractor shall submit in good time a revised schedule

incorporating necessary modifications proposed and get the same approved by the Engineer.

No revised schedule shall be operative within such acceptance in writing.

Detailed schedules for each week showing the progress proposed to achieve shall be

submitted to the Engineer and got approved. The Engineer is further empowered to ask for

more detailed schedule or schedules any week by week, for any items or items, and the

contractor shall supply the same as and when asked for.

ii) The Engineer shall have, at all times the right without in any way vitiating this contract, or

forming grounds for any claim to alter the order of the works or any part thereof and the

contractor shall after receiving such direction proceed in the order directed. The contractors

shall also revise the progress schedule accordingly and submit four copies of the revised

schedule to the Engineer within seven days of the Engineer's direction to alter the order of

iii)The contractor shall furnish sufficient plant equipment and labour and shall work such hours

and shifts as may be necessary to maintain the progress on the work as per the approved

progress schedule. The working and shift hours shall comply with all GSECL's regulations in

force and shall be such as may be approved by the Engineer. They shall not be varied

without the prior approval of the Engineer.

iv)The contractor shall from time to time as may be required by the Engineer, furnish the

Engineer, with a statement in writing of the arrangement he proposes to adopt for the

execution of this contract and the Engineer may if he considers, necessary at any time advise

alteration in the same, which the contractor shall adopt on notice thereof.

v) The progress schedules shall be in the form of progress charts, forms, statement and/or

reports as may be approved by the Engineer. Further, the contractor shall submit four copies

showing the progress of work in forms and charts etc. at periodicals intervals as may be

specified by the Engineer.

62. DATE OF COMPLETION

The contractor shall supply, erect, equip and construct the whole of the works and hand

over them to the Corporation on or before the date specified in the tender document

including "Special Conditions" and save as herein provided, in no circumstances whatever

shall extend or alter the date for the completion of works. Provided always that if in the

opinion of the Engineer-in-charge the completion of the works shall be delayed by any

change of original design or by the order of the Engineer-in-charge, of any altered,

modified substituted or additional works or materials omitted or by strikes, lock outs or

stoppages of labour, or revolution, riots, civil or political disturbance or by causes directly

due to war or by the contractor not being given possession of the site or any part there-of or

by the Corporation taking possession of and using the site or any part thereof or the works

or any part thereof, whether any nonperformance of work under the powers herein

contained or otherwise or by any nonperformance of work or non-supply of materials to be

performed or supplied by the Corporation or by the contractor not receiving any orders,

drawings, instructions or directions in time or by the suspensions of the works or by fire,

flood exceptionally bad weather tempest, storm, or by from unforeseen circumstances

(and whether the same shall be due to any act or omission of the Corporation or its agents

or those in their respective service or not) the Engineer-in-charge may, if in his unfettered

discretion, he thinks fit either forthwith or at any later time and from time to time not

withstanding that the prescribed or extended time for completion has expired or that the

work have been completed, by writing under his hand, extend the time for the completion

EW-373 PUR-F-006 RFQ-79172

of the works to such date as he shall appoint. Provided always that unless the contractor

makes a written application to the Engineer-in-charge within one month of the cause of

delay and unless the time is extended by the Engineer-in-charge, the prescribed time shall

not be extended notwithstanding delays from the aforesaid foregoing or any other causes

of whatsoever kind.

63. SUBLETTING OF CONTRACT

There will be generally no objection on the component parts for the work, being given over

to responsible sub-contractors but Corporation shall under no circumstances

recognize these sub-contractors and the responsibility of executing the work in the

accordance with the conditions of contract will entirely rest on the main contracts. The

main contractors will therefore always have the very responsible member, preferably a

technical hand present on the works with power to sign all work orders issued on the site of

work and to take requisite actions in the interest of very efficient execution of work.

However, the subletting of the contract can be made only with the prior approval of the

competent authority of the Corporation.

64. OTHERCONTRACTS FOR THE WORK SUSPENSION STOPPAGEOR CURTAILMENTS

If during the tendency of the contract the Engineer-in-charge shall for any reasons (which

shall be unquestioned) whatsoever require the whole or any part of the work as specified

in the contract to be suspended for any period or shall not require the whole or any part

of the work as specified in the contract to be carried out at all by the contractor, he shall

give notice in writing of the fact to the contractor who shall thereupon suspend or stop the

work totally or partially as the case may be. In any, case, except as provided hereunder,

the contractor shall have no claim to any payment or compensation whatsoever on account

of any profit or advantage which he might have derived from the execution of the work in full

but which he did not so derive in consequence of the full amount of the work not having

being carried out, or on account of any loss that he may be put to on account of materials

purchased or agreed to be purchased or for unemployment of labour recruited by him. He

shall not also have any claim for compensation by reason of any alterations having been

made in the original specifications, drawings, designs and instruction which may involve any

curtailment of the work as originally contemplated. Where, however, materials have

already been purchased or agreed to be purchased by the contractor, before receipt by

him of the aforesaid notice, the contractor shall be paid for such materials at the rate

determined by the Engineer-in-charge, provided they would have been useful for the work

curtailed or stopped are not in excess of requirements, are of approved quality and

cannot be used on other contract works or otherwise by the contractor and/or shall be

compensated for the loss if any, that he may be put to, in respect of materials agreed to be

purchased by him, the amount of such compensation to be determined by the Engineer-in-

charge, whose decision shall be final.

The Engineer-in-charge may grant extension of time for the execution of any item or items of

work affected by such suspension of work. The decision for the Engineer-in-charge,

regarding the granting of extension and the period thereof shall be final. The Engineer-in-

charge may order the contractor to suspend any work on account of bad weather; rain or

storm and such other adverse climate conditions and the contractor shall comply with the

The contractor shall not be entitled to an compensation for such suspension of work,

concrete lining at the junctions of the different works under different contract shall be done

with particular care regarding forms, construction joints, interconnecting reinforcement

etc. If any and the joint planning of such work shall be with prior approval of the Engineer-

in-charge.

65. OTHER CONTRACTORS

Apart from this work, the other works connected with the power house will be simultaneous

going on either departmentally or through agencies inside or outside the power house. Each

contractor or agency shall co-operate with others to the fullest extent and shall allow to

each other every facility and co-ordination for execution of their works simultaneously

and satisfactorily, during their action of machinery or execution of any other co-ordination

works of the power house, the contractor will have to work only at places as directed by

EW-373 PUR-F-006 RFQ-79172

the Engineer-in-charge. He will have some time to suspend his work partially or totally in the

interest of the work at large.

In such cases and at such time, he will be informed from time to time and directed by the

Engineer-in-charge where to work. He may also be required to remove the scaffolding or to

erect the scaffolding and shuttering in such a manner as to be of little obstruction and

inconvenience for erection of machinery. In such cases he shall not be given any

compensation on account of reduction or stoppage or labour force or removal and

reinstatement of scaffolding shuttering etc. It will be seen that contractor is not put to

unnecessary inconvenience.

In the matter of dumps, haul, roads, drainage, diversion and the like, each contractor shall

take into consideration the needs and requirements of the other constructors, if any working

in the vicinity. Further no contractor shall take or cause to be taken any stops or action

that may cause disruption, discontent or disturbance to the work, labour of arrangements

etc. or other contractors in the neighboring project localities.

Any action, by any contractor, which the Engineer-in-charge in his unquestioned discretion

may consider as infringement of the above code, would be considered as a breach of the

contract conditions and the Engineer-in-charge may take such action as he may deem fit

against the contractor and the action taken shall be considered as final and binding.

66. SPEED OF WORK

The contractor shall at all times maintain the speed of work to confirm to the latest operative

progress schedule but the Engineer-in-charge may at any time with sufficient notice in

writing direct the contractor to slow down any part or the whole of the work for any reason

(which shall not be question whatsoever, and the contractor shall comply with such orders of

the Engineer-in-charge. The compliance of such orders shall not entitle the contractor to

any claim or compensation.

67. CONTRACT DOCUMENT AND MATTERS TO BE TREATED AS CONFIDENTIAL

All documents, correspondence, decisions and other matter concerning the contract shall be

considered as of confident and restricted nature by the contractor and he shall not divulge or

allow access there to any unauthorized persons of any kind.

68. ACCESS TO THE CONTRACTOR'S BOOK

Whenever it is considered necessary by the Engineer-in-charge to ascertain the actual cost

for execution of any particular item of work of supply of plant or material shall direct the

contractor to produce the relevant documents such as pay rolls records of personnel,

invoices of materials and any other data relevant to the item or necessary to determine its

cost etc. and the contractor to the aforesaid items in the mode and manner that may be

specified.

69. INTEREST ON MONEY DUE TO THE CONTRACTOR

The contractors shall not be entitled to get interest on any amount either of their bills or

arrears whatsoever because of delay in payment by the Corporation. Similarly they shall not

be entitled for any interest on amount of bank guarantees given by them. Non-payment of

interest by the Corporation therefore, shall not cause breach of contract.

70. MEASUREMENTS TO BE PROVISIONAL AND SUBJECT TO CORRECTION

Every measurements for running payment on account of work, done or supplies made, shall

be subject to adjustment or final measurements. In case of disagreement between such

intermediate and final measurements, the latter shall prevail. All works shall be measured,

met by standard measure and according to rules and custom and usual in the use in Gujarat

State Electricity Corporation Ltd., and no proposal to adopt alternative method will be

accepted, the Executive Engineer‟s decision as to what is “the usual method in use in the

Gujarat State Electricity Corporation Ltd.” shall be final.

71. BREACH ON PART OF CORPORATION NOT TO ANNUAL CONTRACT

No breach or non-observance on the part of the Corporation of any of the agreements

contained herein, shall annul this contract or discharge the contractor from the observance

and performance thereof, or of any part thereof, but on application by the contractor and

in the unfettered discretion of the Engineer-in-charge an extension of time may be given

to the contractor in respect of such breach or non-observance by the Corporation.

72. PROFORMA RETURNS

EW-373 PUR-F-006 RFQ-79172

The contractor shall maintain Performa, charts and details regarding machinery equipment

materials, labour personnel and other matters as may be specified by the Engineer-in-

charge. He shall further, submit returns of Performa and details as may be specified by

the Engineer-in-charge from time to time.

73. LOCAL LAWS

All local laws in force at the time of entering into the contract and those enacted thereafter

shall be binding on the contractor and he shall abide by the same.

All import duties, sales tax and other local taxes shall be borne by the contractor and they

shall be deemed to have been covered by this quoted tender rate

74. WORKS IN SHIFT DUTY

Works shall be planned in shift duties, if possible in three shifts, depending on emergency of

the work with prior approval of Eng. - in- charge. 0n Sunday or any other holidays work shall

be continued in order to maintain progress with prior permission of Eng.-in -charge. Such

works shall not form any grounds for complaint, compensation or extension of time limit.

If on the other hand, the Engineer-in-charge directs that the work shall be proceeded with

on days and during hours which are not permissible under this contract, the contractor

shall proceed with the work as directed without in any way vitiating this contract or

forming any grounds for compensation of claim.

The contractor shall in his dealing with labour, atall times, during the period of this contract,

have due regard to local festivals and religious and other customs.

A working day shall consist of two shifts each of eight hours, a working day shall constitute

any day on which in the opinion of the Engineer-in-charge, work can be carried out in one or

more shifts.

Final payment to the contractor shall not be made until the contractor shall deliver to the

purchaser or receipts in full in lieu thereof, and in either case, an affidavit that so far he has

knowledge or information the releases and receipts include all the labour and material for

which in lien could be filed. If any lien remains unsatisfied after all payments are made, the

contractor shall refund to the purchaser all moneys that the latter may be compelled to pay in

discharging such a lien, including all costs and a reasonable attorney's.

76. MISCELLANEOUS:

1. In case of conflict / discrepancies among clauses of different specifications given in this

document, the stringent specification shall be followed and under such circumstances, the

decision of the EIC shall be final and binding to the Contractor

2. The Notice inviting tender, general instruction to bidders and all other documents of this tender

shall form part of the contract

3. No receipt for any payment alleged to have been made by a Contractor in regard to any

matter relating to tender of the contract shall be valid and binding on the Corporation unless

it is signed by the Engineer-in-Charge.

4. As per provisions of Income Tax Act, Corporation shall deduct Income Tax at the applicable

5. Agency has to note that the extension of Time limit/excess saving in the works if required to

approve, than it shall be processed as per the provision of DoP and will take time for

process the same.

6. The contract is inclusive of the cost of materials required to complete the work in totality.

7. It will be absolutely incumbent on the contractors to have on the site of work only such of the

materials as have been duly passed by the Engineer-in-charge. Materials that have been

rejected must on no account be allowed to remain on the site, and in spite of written order to

do so, any such rejected materials is on the site beyond a period of 48 hours‟ notice, the

Engineer-in-charge shall have the right to remove it, at the risk and cost of the contractors

and even to destroy it.

8. It must be distinctly understood that conditions of contract and of claims in respect of extra

work, will not be allowed unless the works to which they relate is clearly without the spirit

and meaning of the specifications or unless such works are ordered in writing by the

Engineer-in-charge and claimed for in specified manner.

9. Contractor will be asked to present the sample of materials, and the approved samples will

be preserved at the site of work, and no change in the approved sample will be allowed,

EW-373 PUR-F-006 RFQ-79172

without the written permission of the Engineer-in-charge.

10. The department reserves the right to make any change in the design and the plans of the

works. The contractor shall be bound to carry them out at the rates tendered. No claim or

compensation will be allowed on this account.

11. The contractor shall keep instruction book on site, for taking site instructions from time to

time. This book shall be made available on site whenever asked for.

12. Above construction equipment brought to site shall be allowed to be taken out only after the

work for which it has been brought is over. The equipment shall be taken out only with the

specific permission in writing from the E.I.C. Only the equipment required for the work and in

fit condition shall be brought to the site. The Contractor shall ensure that proper

documentation is followed at entry gate of GSECL's premises for such items which shall be

carried back by Contractor after completion of work.

13. The Contractor shall provide all temporary ladders, scaffolding materials, platforms, supports

and other necessary facilities required for trimming & cutting of trees. The Contractor shall

provide sufficient, strong and safe staging so as to ensure safety of the laborers.

14. The Contractor shall provide sufficient fencing, notice Corporations and lights to protect and

warn others as may be considered necessary by the GSECL and safety authority.

15. The GSECL may during the progress of work, order the removal of part or whole of the work

executed, found not in accordance with the approved drawings, specifications/ instructions.

No extra claims shall be entertained for re-executing or altering of such work.

16. On completion of the work, the site shall be left in good order and the excess materials,

scraps, debris, if any shall be removed and dumped by the Contractor at place/places as

designated by the GSECL. The Contractor shall also dismantle and remove the staging and

other temporary facilities like stores, offices, labor camp etc. on completion of work.

17. Contractor is required to maintain proper records at site of work in addition to normal routine

requirement of own office. The records to be maintained shall include but not limited to the

following:

(a) Daily Progress Record.

(b) Work Site Order Book.

(c) Instruction by GSECL's Officers.

(d) Test Registers of other materials/fittings, fixtures, equipment as stipulated in the

(e) Register for Working Details.

(f) Log Book of Defects.

(g) Hindrance Register giving details of commencement and removal of each hindrance.

(h) Supply and consumption registers of all materials shall be maintained.

(i) Day to day Record of used/received materials shall be entered in the register and

signed by the Site Engineer of the GSECL as well as contractors' representative at

(j) Measurement Book.

77. SALES TAX ON WORK CONTRACT

The Gujarat Government by its amendment to the Gujarat sales tax act has also made works

contract subject to Sales Tax. However works contract tax shall be liability of the contractor

and shall be born by the contractor. More ever you shall also have to submit form No 702 as

prescribed by Gujarat Sales Tax act while submitting invoice.

More ever the purchaser will not pay any composite tax/turnover tax/works contract tax which

contractor has to pay as per act. Hence the incidence of sales tax or such type of taxes shall

not be payable by the purchaser in any case even if such taxes are levied on the

party/contractor at a future date.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

GSECL: GTPS

SIGNATURE OF CONTRACTOR

EW-373 PUR-F-006 RFQ-79172

 TERMS AND CONTRACT FOR WORKS