BID DOCUMENT FOR ANNUAL RATE CONTRACT FOR DIFFERENT TYPE OF RAIN WATER HARVESTING STRUCTURE UNDER JAL SANCHAY JAN BHAGIDARI SCHEME FOR NADIAD MUNICIPAL CORPORATION - NADIAD.

Date of Technical Bid Opening Date 24/03/2026 & 18:00 Hrs.

Date of Price Bid Document Opening On Date 24/03/2026 & 18:10 Hrs.

Consulting Civil Engineer City Engineer

Dharmesh Deshani OPC Pvt Ltd. Nadiad Municipal Corporation

Ahmedabad Nadiad

Deputy Municipal Commissioner

Nadiad Municipal Corporation

Sr No Section Description Pg No.

1 Invitation for Bid (IFB)

2 Section -1 Instructions to Bidders

3 Section -2 Qualification Information

4 Section -3 Conditions of Contract

5 Section -4 Contract Data

6 Section -5 Technical Specification

7 Section -6 Form of Bid

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

10 Section -9 Drawings

11 Section -10 Documents to be furnished by Bidder

INVITATION FOR BID

NATIONAL COMPETITIVE BIDDING

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

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

Packag Name of Approximate Bid Cost of Period of Class of

e No. work value of works security document completion Registration /

(Rs.) (Rs.) Category of

1 As Per NIT & 2,50,00,000/- 2,50,000/- 4,248/- 12 months “B” Class & Above

Details Given civil work

Name of Work: BID DOCUMENT FOR ANNUAL RATE CONTRACT FOR DIFFERENT TYPE OF RAIN

WATER HARVESTING STRUCTURE UNDER JAL SANCHAY JAN BHAGIDARI

SCHEME FOR NADIAD MUNICIPAL CORPORATION - NADIAD.

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

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

website https://www.nprocure.com.

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

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

NADIAD and in favour of ‘Municipal Commissioner, NADIAD MUNICIPAL CORPORATION. Once

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

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

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

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

EMD has been received. Accordingly, the offer of only those shall be opened whose Bid

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

the purpose of realization of Demand Draft, and FDR / Bank Guarantee / DD bidder shall send

the same in original through R.P.A.D. so as to reach to ‘Municipal Commissioner, NADIAD

MUNICIPAL CORPORATION within mentioned in NIT (Days) from the last day of bid submission.

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

Municipal Commissioner / Tender Inviting Authority by bidder shall be initiated.

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

at website https://www.nprocure.com in the presence of the bidders or their authorized

representatives, who wish to remain present.

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

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

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

of to clarify the issues and to answer questions on any matter that may be

raised at that stage as stated in clause 9.2 of ‘instructions to Bidders’ of the bidding

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

rounded off to the next thousand rupees.

7. Other Information is as under:

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

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

modify / edit / withdraw their submitted offer in any case. No written or online request in

this regard shall be granted.

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

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

submission of Bids, will not be considered or accepted.

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

conferences or site visits will not be reimbursed by the Employer or Engineer-in-Charge.

E. Conditional tender shall not be accepted.

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

liable to be rejected.

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

will be considered non-responsive.

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

given in the checklist /qualification document / tender document.

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

electronic format at appropriate places only.

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

disqualification.

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

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

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

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

necessary by the competent authority.

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

INSTRUCTIONS TO BIDDERS (ITB)

Section 1: Instructions to Bidders

Table of Clauses

Page No. Page No.

A. General D. Submission of Bids

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

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

3. Eligible Bidders 8 21. Late Bids

4. Qualification of the 8 22. Modification and

Bidder Withdrawal of Bids

5. One Bid per Bidder

6. Cost of Bidding 16 E. Bid Opening and Evaluation

7. Site Visit 16 23. Bid Opening

B. Bidding Documents 25. Clarification of Financial

8. Content of Bidding Documents 17 26. Examination of Bids and

Determination of

9. Clarification of Bidding 17 27. Correction of Errors

10. Amendment of Bidding 18 28. Deleted

29. Evaluation and Comparison

of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

12. Documents Comprising 19 F. Award of Contract

13. Bid Prices 19 31. Award Criteria

14. Currencies of Bid and Payment 20 32. Employer’s Right to Accept

any Bid and to Reject any or all

15. Bid Validity 20 33. Notification of Award and

Signing of Agreement

16. Bid Security 20 34. Performance Security

17. Alternative Proposals By 21 35. Advance Payment and Security

18. Format and Signing of Bid 21 36. Dispute Review Expert

37. Correct or Fraudulent

1. Scope of Bid

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

these documents and referred to as ‘the works”) detailed in the table given in IFB. The bidders may

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

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

specified in the Contract data.

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

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

2. Source of Funds

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

centrally sponsored projects.

3. Eligible Bidders

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

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

Bidder is neither associated, nor has been associated, directly or indirectly, with the consultant or any

other entity that has prepared the design, specifications, and other documents for the Project or

being proposed as Project Manager for the Contract. A firm that has been engaged by the Employer

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

shall not be eligible to bid.

4. Qualification of the Bidder

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

description of the proposed work method and schedule, including drawings and charts, as necessary.

The proposed methodology should include a program of construction backed with equipment

planning and deployment duly supported with broad calculations and quality assurance procedures

proposed to be adopted justifying their capability of execution and completion of work as per

technical specifications, within stipulated period of completion.

4.2 In the event that Pre-qualification of potential bidders has been undertaken, only bids from

prequalified bidders will be considered for ward of Contract. These qualified bidders should submit

with their bids any information updating their original prequalification applications or, alternatively,

confirm in their bids that the originally submitted prequalification information remains essentially

correct as of date of bid submission. The update or confirmation should be provided in Section 2. A

copy of the original prequalification application and the letter of prequalification should also be

furnished. With the updated information, the bidder must continue to be qualified in accordance with

the criteria laid down in the prequalification document. All bidders shall also furnish the following

information in Section

(i) Evidence of access to or availability of credit facilities (minimum 10% of estimated cost)

certified by the bankers.

(ii) Undertaking that bidder would be able to invest a minimum of cost up to 25% of the contract

value of work, during implementation of contract.

(iii) Proposal, if any, for sub-contracting of elements of work, costing more than 10% of the bid

(iv) Power of attorney.

(v) Latest income tax clearance certificate from concerned department.

4.3 If the Employer has not undertaken prequalification of potential bidders, all bidders shall include the

following information and documents with their bids in Section 2:

(a) copies of original documents defining the constitution or legal status, place of registration, and

principal place of business; written power of attorney of the signatory of the Bid to commit the

(b) total monetary value of construction work performed for each of the last five years;

(c) experience in works of a similar nature and size for each of the last five years, and details of works

underway or contractually committed; and clients who may be contacted for further information on

those contracts;

(d) major items of construction equipment proposed to carry out the Contract;

(e) qualifications and experience of key site management and technical personnel proposed for

(f) reports on the financial standing of the Bidder, such as profit and loss statements and auditor's

reports for the past five years;

(g) evidence of access to line(s) of credit and availability of other financial resources facilities (10% of

contract value), certified by the Bankers (Not more than 3 months old)

(h) undertaking that the bidder will be able to invest a minimum cash up to 25% of contract value of

work, during implementation of work.

(i) authority to seek references from the Bidder's bankers;

(j) information regarding any litigation, current or during the last five years, in which the Bidder is

involved, the parties concerned, and disputed amount;

(k) proposals for subcontracting components of the Works amounting to more than 10 per cent of the

Bid Price (for each, the qualifications and experience of the identified sub-contractor in the relevant

field should be annexed); and

(l) the proposed methodology and programme of construction, backed with equipment planning and

deployment, duly supported with broad calculations and quality control procedures proposed to be

adopted, justifying their capability of execution and completion of the work as per technical

specifications within the stipulated period of completion as per milestones (for all contracts over Rs.5

4.4 Bids from Joint ventures are not acceptable.

Bids from prequalified firms or prequalified joint-ventures only will be acceptable.

4.5 QUALIFICATION CRITERIA:

(Applicable for the works which require Post Qualification)

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

regarding the Applicant’s general and particular experience, personnel and equipment capabilities

and financial positions, as demonstrated by the applicant’s responses in the forms attached to the

letter of application ( specified requirement for joint ventures are given under para 4.6 below )

Subcontractors experience and resources shall not be taken in to account in determining the

applicants compliance with the qualifying criteria to qualify for more than one contract, the

applicant must demonstrate having experience and resources sufficient to meet the aggregate of

the qualification criteria for each contract given in paragraphs 4.5.4, 4.5.5 and 4.5.9 below

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year (2025-26)

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

a common base value for works completed in India.

Year Financial Year Multiplying factor

Base year of inviting tender 2025-2026

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

without accounting for the above-mentioned factors.

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

enhanced multiplying factors will not be applied. Instead, the current market exchange rate (State

Bank of India BC Selling rate as on the last date of submission of the bid) will be applied for the

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

4.5.3. General Experience.

To qualify, each bidder in the same name and style should have achieved the following performances:

 List of Mandatory documents to be submitted

a. Registration Class in Civil Work – B Class & Above civil contractor.

b. EMD and Tender Fee

c. Solvency Certificate

e. Bid Capacity (For the purpose of calculating Bid Capacity, the bidder must submit a Chartered Accountant

Certificate confirming their financial capacity, a list of ongoing works along with corresponding Work Orders,

and a notarized affidavit detailing the ongoing works, executed on a ₹300/- Non-Judicial Stamp Paper. Failure to

submit any of these documents in the prescribed format will lead to disqualification of the bidder from the

evaluation process).

f. Document supporting similar nature of work & physical criteria

g. ITR for Last 3 Year, PAN card, GST Certificate

h. ESIC/EPF Certificate

i. Site Visit Certificate authorised by Municipal corporation

j. Declaration of Non-Blacklisted / Debarred from Anywhere in Gujarat & also in India. The Declaration will be

on the Rs.300/- non-judicial paper should be submitted (Mandatory)

If bidder fails to submit above documents or mandatory criteria are not fulfilled, bidder shall be considered as

not qualified and their financial bid shall not be open. To qualify, each bidder in the same name and style should

have achieved the following performances:

a. Registration: A certificate of registration as approved contractor of concerned state government/Railway

/CPWD/ Government Bodies. The Applicant(s) who are registered with other government (State/Central), Board,

Corporation, & Government undertaking/ Organizations of state & central government in including all public

sector units shall submit proof of application for registration for “B” Class & Above in Civil work in Gujrat State

(Scanned Copy). Also, the bidder should have electrical Licence from R & B.

b. EMD and Tender Fees

As per tender notice.

c. Solvency Certificate

Bank Solvency of minimum Rs. 50,00,000/- Solvency Value Certificate of the organization should be of current

calendar Year issued by Nationalized Bank or Bank listed as per latest GR of. Finance Department GR. No:

FD/MSM/e file/4/2023/0057/DMO, Date: 21.04.2023. Such certificate should be issued on Banker’s letter head.

A valid Bank Solvency Certificate means it must be issued within 12 months prior to the last date of Tender

4.5.3.1 TURNOVER:

Bidder must have achieved minimum average annual financial turnover (at current price level) from

contract receipt of works (in all classes of civil engineering construction works only) of Rs 1,25,00,000/-in

Last three financial years i.e., from April 2022 to March

The details pertaining to turnover for the year April 2022 to March 2025 shall be certified by Chartered

Accountant on his own letter head and duly attested. Turnover of financial year 2025-26 shall be

considered subject to submission of provisional/audited certificate from chartered accountant by the

4.5.3.2 SIMILAR NATURE OF WORK:

The bidder must have completed similar nature of work i.e Any type of Civil work during last 7 years

ending last day of month previous to the one in which applications are invited should be either of the

One similar completed work costing not less than the amount equal to Rs. 2,00,00,000/-

Two similar completed works costing not less than the amount equal to Rs 1,25,00,000/-

Three similar completed works costing not less than the amount equal to Rs. 1,00,00,000/-

4.5.3.3 AVAILABLE BID CAPACITY

The Bidder who fulfils the qualifying criteria mentioned above shall be qualified only if he fulfils the

requirement of bidder’s capacity. The bidding capacity of any tender/ Bidder is required to be more than

or equal to the estimated cost of the work i.e., Rs.2,50,00,000/-. The bidder’s capacity shall be computed

as shown below.

Available Bid Capacity = [(A x N x 2.0) - B)]

Maximum value of construction works executed in any one year during the last Five years updated at

the financial year updated at 2025-26 Price level.

B = Value of the existing commitments as on date of bid submission for works (complete or partial) to be

completed in the next (12 months). The details shall be countersigned by the Executive Engineer or

the equivalent officer of the employer on whose behalf the firm is carrying out the works.

Also, declaration of financial liabilities, work on hand/completed projects on Rs.300/- non-Judicial

In the case of a Joint Venture (Not Applicable), parameters A and B shall be determined based on

details pertaining to such partners who propose to undertake physical execution of work and in

proportion to their participation/stake as specified in respective clause in the tender documents.

N = Years prescribed for completion of the work for which bids are invited. - (12 Months)

If the Tender has been invited as a Package/Slice Minimum aggregate required Bid Capacity shall be considered

and accordingly the Bidder may qualify for less number of Packages/Slices. In case of individual Tenders (not

invited in a single Basket) the Bidder may qualify for a particular work (based on his Technical Bid), but at the time

of evaluation of Price Bid, if a greater number of such individual Bids are evaluated simultaneously, aggregate Bid

Capacity shall be considered. In such a case, if the Bidder does not have adequate capacity for all the Bids in which

his Bid is the lowest responsive Bid, he may be considered for a smaller number of Bids. Decision of the Employer

based on the least cost combination as may be the most advantageous to Competent authority shall be final and

binding to all the Bidders.

(a) The statement showing the value and details of completed works, existing commitments and ongoing works

as well as the stipulated period of completion remaining for each of the work listed should be countersigned

by the officer not below the rank of an Engineer-In-Charge.

(b) The certificate for past performance should be as per prescribed Performa in Form11...

(c) The Bidders are required to upload latest client’s certificates in Form-11 (or in any format with yearly

breakup) obtained from the concerned authorities/ employers towards proof of their having executed

contracts satisfactorily along with their bids. The quantities involved should be certified by the top executive

of the firm in the prescribed Performa in Form 11 (or in any format with yearly breakup) of Volume-I.

(d) Physical and Financial Performance of Any Work Not Supported By Client Certificate in Form-11 or In Any

Form Will Not Be Considered For Qualification.

(e) The applicant Bidder must provide by uploading evidence of having adequate experience. The bid should

include supporting certificate or report relating to physical, financial, technical and other capability of Bidder

in their original language along with certified translation of relevant portion of the certificate/ report in

English. The Bidder should furnish the information about financial capability in Rupees only.

(f) Depending upon the actual bid capacity assessed and other qualifying requirements, the applicant will be

qualified for the work.

(g) The bidder is required to submit the declaration of his financial liabilities, work on hand/completed projects

on Rs.300/- non-Judicial stamp paper. In case of false statement/ declaration the bidder shall be liable for

penal action. Further, the details furnished in the relevant form as per tender should be in line to the

declaration by the bidder.

(h) The criteria mentioned above at shall be evaluated based on the details submitted with the documents. Such

bidder shall have to submit the details in the prescribed Performa which are applicable to them. Bidders

should read the note under each Form/Annexure carefully and submit the details accordingly.

(i) Turnover of previous year and cost of completed / executed similar nature of work/ O&M shall be given

additional weightage of ten percent per year to bring them to 2025-26 Price level to account for price

escalation as illustrated below:

Effective cost of executed work

Turnover/ Cost of Executed

Financial Year at previous completed financial

year’s price level

(i) Financial year means period beginning from the 1st April to 31st March of the next year.

(ii) The details pertaining to Turnover for the year 2019-20 to 2025-26 and the details pertaining to Net Cash

Accrual, Net Worth and Net Working Capital for the year 2019-20 to 2025-26 shall be certified by Chartered

Accountant on his own letter head and duly attested. The cost of material supplied by the Government/

Client shall not be taken into account for experience against Turnover & Similar nature of work.

 PHYSICAL CRITERIA:

The bidder must have successfully carried out minimum quantities of the following work in any one

project during last Seven (7) i.e., 2019-20 to 2025-26 and up to one month prior to last date of submission

4.5.3.4 Pipeline Work

A. Metallic Pipeline:

Procure, Lowering, Laying, Jointing, Testing and Commissioning of minimum length (as under) of metallic

pipeline in any single project during last Seven (7) financial years i.e., 2019-20 to 2025-26 and up to one

month prior to last date of submission of the bid. If the pipeline work has been completed along with

successful hydro testing, such works shall also be considered for the evaluation based on the facts and

circumstances as certified by the client.

The material supplied by the client will not be considered for procurement purpose.

Type of Pipeline Min. Diameter Min. Length

Metallic ≥ 600 mm ≥ 0.95 Km

B. Non Metalic Pipeline

Procure, Lowering, Laying, Jointing, Testing and Commissioning of minimum length (as under) of non metallic

pipeline in any single project during last seven (7) financial years i.e., 2019-20 to 2025-26 and upto one

month prior to last date of submission of the bid. If the pipeline work has been completed along with

successful testing, such works shall also be considered for the evaluation based on the facts and

circumstances as certified by the client.

The material supplied by the client will not be considered for procurement purpose.

Type of Pipeline Min. Diameter Min. Length

Non metallic ≥ 110 mm ≥ 15.89 Km

4.5.3.5 Pumping Machinery:

The bidder must have experience of supply, installation, testing and commissioning of electro mechanical

works not less than 178 KW in single contract during last Seven (7) financial years i.e., 2019-20 to 2025-26

and up to one month prior to last date of submission of the bid.

4.5.3.6 ELEVATED STORAGE RESERVOIR:

Bidder must have experience in Construction of Elevated Water Storage Reservoir of at least 2.50 LL in single

completed project during last seven (7) financial years i.e. from 2019-20 to 2025-26 and up to one month

prior to last date of submission of the bid.

4.5.3.7.UG SUMP:

Bidder must have experience in Construction of Storage Sump of at least 7.50 LL(single capacity) in single

completed project during last seven (7) financial years i.e. from 2019-20 to 2025-26 and up to one month

prior to last date of submission of the bid.

Bidder must have experience in Construction of Storage Sump of at least 15.00 LL(cumulative capacity) in

single completed project during last seven (7) financial years i.e. from 2019-20 to 2025-26 and up to one

month prior to last date of submission of the bid.

4.5.3.8. Intake well:

Bidder must have experience of Construction of intake well with approach bridge in wet conditions in any

single contract during last seven financial year’s i.e. from 2019-20 to 2025-26 & up to one month prior to last

date of submission of the bid.

Bidder must have experience in Construction & Commissioning of Water Treatment Plant with all allied

equipment used in WTP of at least 6 MLD of single capacity in any single project during last seven (7) financial

years i.e. from 2019-20 to 2025-26 and up to one month prior to last date of submission of the bid.

The bidder who does not meet this requirement shall associate with another technology provider/

manufacturer having stipulated experience as mentioned above. The memorandum of understanding for the

said collaboration shall be executed on Rs. 100/- non judicial stamp paper duly signed by respective

authorized representatives and notarised. The experience certificate along with MOU shall be submitted with

the bidding document.

EXPERIENCE IN DESIGN, CONSTRUCTION, INSTALLATION, TESTING AND COMMISSIONING:

The bidders must have experience of design and execution of WTP of any technology to the tune of at least

3.60 MLD, in any single completed project.

The Bidder shall provide the information about their general experience in this regard in Application Form

3(A). Bidders are required to substantiate the information by submission of appropriate client certificates.

All WTP as referred should have been completed during last Seven (7) financial years i.e., from 2019-20 to

2024-25 and up to one month prior to last date of submission of the bid and shall have been in successful

operation for at least one year immediately preceding one month prior to last date of bid submission. The

Bidder shall provide the information about the particular experience in this regard by submission of

appropriate client certificates. The WTP proposed should have been implemented in anywhere in India.

Bidders Experience Qualifying Requirement

For experience in WTP 3.60 MLD

4.5.3.10 Operation & Maintenance:-

The bidder shall have successfully commissioned at least one similar project (as narrated above) with operation

& maintenance for minimum 1 year after commissioning, inclusive of ` period, in single contract amounting to

Rs. 3,28,45,754/- in last Seven (7) years i.e., from 2019-20 to 2024-25 and one month prior to last date of

submission of bid.

Note: The amount of works shown above means project costs.

The bidder shall have successfully completed operation and maintenance for minimum 1 year in single contract

of similar nature (as narrated above) amounting to Rs. 2,03,254/- in last Seven (7) years from one month prior

to last date of submission of bid.

Note to 4.2 Physical Criteria:

I) The works for which bidder have not entered in to contract agreement will not be considered

II) The above experience shall be within last Seven (7) i.e., 2019-20 to 2025-26 and up to one month prior to last

date of submission of the bid for which Form -3A/11 must be submitted.

III) Experience as sub-contractor shall not be considered.

IV) The experience of works executed in Government (State/Central), Board, Corporation, and Government

Undertaking /Organizations of state & central government shall only be considered for evaluation. The

experience certificate from the client equivalent to not below the rank of Municipal Commissioner / Authority

shall be considered. The experience of sublet works shall not be considered.

V) The Bidder/JV MEMBER/MOU partners contract should not have been terminated/blacklisted/debarred in any

State Govt/ Municipal Corporations/ Central Govt./ Any state Govt Organization, Urban Local body and/or its

undertaking company or its SPV, Asian Development Bank/ World Bank or similar international funding

agencies organizations due to delay in projects during last five years.

VI) The works for which bidder have not entered in to contract agreement will not be considered.

VII) If the bidder claiming Technical/ Physical Eligibility Criteria for the works has completed any of the works in

joint venture with any other company then, along with the experience certificates, the firm shall submit the

joint venture agreement for that particular work. Experience certificates not accompanied by joint venture

agreement shall not be considered for evaluation. The credit for the bidder which has completed a work in

joint venture is allocated as follows:

(1) If the bidder has completed the work as a member in the project, then the bidder can claim credit for the

entire scope of the work in proportion to the stake (e.g., if the capacity of the ESR executed is 30 ML and if the

firm has executed the project as member with a 40% stake then the firm can claim credit for (40% x 30 ML)

ML works. A statutory auditor certificate specifying the payments received for the project should be

submitted. In the event of percentage participation in the project calculated through the statutory auditor

certificate differs from the percentage in the Joint Venture Agreement (If applicable), the percentage

participation calculated through payments received shall be considered for evaluation purposes.

Note: The above condition shall also apply to Clause No. 4.2.2 ‘Similar Nature of work’ under financial criteria.

5.0 Bidder should fulfil the following criteria mentioned under Clause 4.0, Minimum Qualifying Criteria. If not

fulfilled, he will be out rightly rejected.

4.5.4. Personnel Capabilities.

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

4.5.5. Equipment Capabilities

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

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

shown in the Appendix.

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

construction planning and methodology supported with layout and necessary drawings and

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

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

operation for the given production capacity to match the requirements.

4.5.6. Financial Position

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

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

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

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

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

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

with the applicant’s bankers.

4.5.8. Litigation History

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

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

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

4.5.9. Disqualification

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

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

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

attributable to the non – performance of the contractor; consistent history of litigation awarded

against the applicant or financial failure due to bankruptcy. The rescinding of contract of a joint

venture on account of reasons other than non – performance, such as Most Experienced partner

of joint venture pulling out, court directions leading to breaking up of a joint venture before the

start of work, which are not attributable to the poor performance of the contractor will, however,

not affect the qualification of the individual partners.

4.6 JOINT VENTURE: (Maximum 3 Members i.e. 1 Lead & 2 Others) (Applicable only

for estimated project cost of 50 Crore and above) – JV NOT APPLICABLE

4.6.1. Joint ventures must comply with the following requirement:

(a) Following are the minimum qualification requirements:

(i) The lead partner shall meet not less than 50 percent of all criteria given in para 4.5.3 & 4.5.6

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

The experience of the other joint venture partners shall be considered if it is not less than

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

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

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

with a copy of the joint venture agreement providing the joint and several liabilities with respect

to the contract.

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

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

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

approval of the Employer.

4.7. Bid Capacity.

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

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

Attachments the submitted in proof the qualification requirements; and / or Record of poor

performance such as abandoning the works, not properly completing the contract, inordinate

delay in completion, litigation history, or financial failures etc.; and/ or participated in the

previous bidding for the same work and had quoted unreasonably high bid prices and could

not furnish rational justification to the employer.

5. One bid per bidder

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

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

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

6. Cost of Bidding

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

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

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

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

and entering into a contract for construction of the Works.

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

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

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

accordance with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

11 Extent of work VI

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

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

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

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

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

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

of the Bid Documents shall be rejected.

9. Clarification Bidding Documents

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

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

bid. The Employer will respond to any request for clarification which he received earlier than

days prior to the deadline for submission of bids. Employer’s response will be published on

website including a description of the enquiry but without identifying its source.

9.2. Pre-bid meeting

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

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

9.2.2. The purpose of the meeting will be to clarify issues and to answer questions on any matter that

may be raised at that stage.

9.2.3. The bidder shall be required to submit any questions in writing or e-mail to reach the Employer

not later than 03 days before the meeting.

9.2.4 Minutes of the meeting, including the question raised (Without identifying the source of

enquiry) and the responses given will be published without delay on the tender website i.e.

www.nprocure.com. Any modification of the bidding documents listed in sub-Clause 8.1 which

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

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

minutes of the pre-bid meeting.

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

10. Amendment of Bidding Documents

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

issuing addenda.

10.2. Any addendum thus issued shall be part of the bidding documents. The Employer will assume no

responsibility for the same.

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

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

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

C. PREPARATION OF BIDS

11. Language of the Bid

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

12. Documents Comprising the Bid

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

two separate parts:

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

(i) Bid Security in the form specified in Section

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

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

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

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

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

(i) Form of Bid as specified in Section

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

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

well as financial and must be submitted online only.

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

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

11 Extent of work VI

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

of Quantities submitted by the Bidder.

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

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

words). Items for which no rate or price is entered by the bidder will not be paid for by the Bill of

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

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

(GST will be paid extra)

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

Contract in accordance with the provisions of Clause 47 of the Conditions of Contract (For contracts

more than12 Monthss period).

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

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

(Irrespective of the time limit and Bid Amount)

14. Currencies of Bid and Payment

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

shall be made in Indian Rupees.

15. Bid Validity

15.1 Bids shall remain valid for a period of not less than 180 days after the deadline date forbid

submission specified in Clause

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

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

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

permitted to modify his bid, but will be required to extend the validity of his security for a period

of the extension, and in compliance with Clause 16 in all respects.

16. Bid Security

16.1. The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in column 4 of

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

Appendix and may be in one of the following forms;

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

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

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

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

per their latest amendment.

b. Fixed Deposit Receipt issued by any Scheduled Indian Bank or a foreign Bank approved by

the Reserve Bank of India.

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

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

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

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

bidder.(EMD Exemption not allowed)

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

be valid for 45 days beyond the validity of the bid i.e. total validity of 180+45 = 225 Days

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

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

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

validity period specified in Sub-Clause

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

Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

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

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

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

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

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

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

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

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

17. Alternative Proposals by Bidders.

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

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

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

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

18. Format and Signing of Bid

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

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

D. SUBMISSION OF BIDS

19. Sealing and Marking of Bids

19.1. The Bidder shall submit the bid namely, Technical Proposal & Financial Proposal through online by

the help of Digital Signature Certificate.

-Technical Bid: To be opened on ______ at 12.00 Hrs. (date of Technical Bid opening) in the

presence of Evaluation Committee.

-Financial Bid: Not to be opened except with the approval of Evaluation Committee The contents

of Technical and Financial Bids will be as specified in clause

19.2. The inner, outer, and separate envelopes containing Technical and Financial Bids shall

(A) be addressed to the Employer at the address given in Appendix

(B) bear the identification as indicated in Appendix.

19.3. In addition to the identification required in Sub-Clauses 19.1 and 19.2, each of the envelopes shall

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

is declared late, pursuant to Clause 21, or the Evaluation Committee declares the bid as non

responsive pursuant to Clause

19.4. If the outer envelope is not sealed and marked as above, the Employer with assume no

responsibility for the misplacement or premature opening of the bid.

20. Deadline for Submission of the Bids

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

later than the date indicated in appendix.

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

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

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

21.1. Any Bid received by the Employer after the deadline prescribed in Clause 20 will be returned

unopened to the bidder.

22. Modification and Withdrawal of Bids

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

pursuant to Clause

22.2 Withdrawal or modification of a bid between dead line for submission of bids and the expiration of

the original bid validity specified in Clause 15.1 above or as extended pursuant to Clause 15.2 may

result in the forfeiture of the Bid Security pursuant to Clause

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

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

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

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

E. BID OPENING AND EVALUATION

23. Bid Opening

23.1 The Employer will open all the Bids received including modifications made pursuant to Clause 22, in

the presence of the Bidders or their representatives who choose to attend at time, date and the

place specified in Appendix in the manner specified in Clauses 20 and 23.3, In the event of the

specified date of Bid opening being declared a holiday for the Employer, the Bids will be opened

at the appointed time and location on the next working day.

23.2. Envelopes marked "WITHDRAWAL" shall be opened and read out first. Bids for which an acceptable

notice of withdrawal has been submitted pursuant to Clause 22shall not be opened.

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

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

validity period as specified in the invitation for bid (ref. Column 4 and paragraph 3), and has not

been furnished in the form specified in Clause 16, the technical bid will not be opened.

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

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

information and other information furnished in part I of the bid pursuant to Clause 12.1.

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

respect to any required clarification.

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

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

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

23.5. If, as a consequence of the modifications carried out by the bidder in response to sub-clause

23.4, the bidders desire to modify their financial bid, they will submit the modification in

separate sealed envelope so as to reach the Employer's address (refer sub-clause 19.2) before

the opening of the financial bid as intimated in the clarification letter (refer sub-clause 23.4). The

envelope shall have clear marking "MODIFICATION TO FINANCIAL BID-Not to be opened except

with the approval of the Evaluation Committee"

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

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

The responsive Bidders’ names, the Bid prices, the total amount of each bid, any discount and

The responsive Bidders’ names, the Bid prices, the total amount of each bid, any discount and

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

at the opening.

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

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

The responsive Bidders’ names, the Bid prices, the total amount of each bid, any discount, and

The responsive Bidders’ names, the Bid prices, the total amount of each bid, any discount, and

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

at the opening.

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

shall be in order of estimated amount of Bids from highest to lowest.

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

those present in accordance with Sub-Clause 23.6.

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

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

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

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

decisions may result in the rejection of his Bid.

25. Clarification of Financial Bids

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

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

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

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

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

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

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

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

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

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

26. Examinations of Bids and Determination of Responsiveness

26.1 During the detail evaluation of "Technical Bid", the Employer will determine whether each Bid (a)

meets the eligibility criteria defined in Clause 3 and 4; (b) has been properly signed; (c) is

accompanied by the required securities and; (d) is substantially responsive to the requirements of

the Bidding document. During the detailed evaluation of the “Financial Bid”, the responsiveness of

the bids will be further determined with respect to the remaining bid conditions, i.e., priced bill of

quantities, technical specifications, and drawings.

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

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

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

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

documents, the Employer’s rights or the Bidder’s obligations under the Contract; or (c) whose

rectification would affect unfairly the competitive position of other Bidders presenting

substantially responsive Bids.

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

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

27. Correction of Errors

27.2 "Financial Bids" determined to be substantially responsive will be checked by the Employer for any

arithmetic errors. Errors will be corrected by the Employer as follows:

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

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

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

27.2 The amount stated in the "Financial Bid" will be corrected by the Employer in accordance with the

above procedure and the bid amount adjusted with the concurrence of the Bidder in the following

a) If the Bid price increases as a result of these corrections, the amount as stated in the bid will

be the 'bid price' and the increase will be treated as rebate;

b) If the bid price decreases as a result of the corrections, the decreased amount will be

treated as the 'bid price'

Such adjusted bid price shall be considered as binding upon the Bidder. If the Bidder does not accept the

corrected amount the Bid will be rejected, and the Bid security may be forfeited in accordance with Sub-

Clause 16.6 (b).

29. Evaluation and Comparison of Financial Bids

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

in accordance with Sub-Clause 26.2.

29.2. In evaluating the Bids, the employer will determine for each Bid the evaluated Bid Price by adjusting

the Bid Price as follows.

a) Making any correction for errors pursuant to Clause 27; or

b) making an appropriate adjustments for any other acceptable variations, deviations; and

c) making appropriate adjustments to reflect discounts or other price modifications offered in

accordance with Sub-Clause

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

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

otherwise result in unsolicited benefits for the Employer, shall not be taken in to account in Bid

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

Contact, during the period of implementation of the Contract, will not be taken in to account in

Bid evaluation.

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

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

produce detailed consistency of those prices with the construction methods and schedule

proposed. After evaluation of the price analyses, the Employer may require that the amount of the

performance security set forth in Clause 34 be increased at the expense of the successful /bidder

to a level sufficient to protect the Employer against financial loss in the event of default of the

successful Bidder under the Contract.

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

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

F. AWARD OF CONTRACT

31. Award Criteria

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

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

evaluated Bid Price; and

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

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

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

than the evaluated bid price, even if the said bid is the lowest evaluated bid. The contract will in

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

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

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

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

thereby incurring any liability to the affected bidder or Bidder or any obligation to inform the

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

33. Notification of Award and Signing of Agreement

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

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

letter (hereinafter and in the condition of contract called the “Letter of Acceptance”) will state the

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

maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the

Contract called the “Contract Price”).

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

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

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

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

notification of award along with the Letter of Acceptance. Within 21 days of receipt, the successful

Bidder will sign the Agreement and deliver it to the Employer.

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

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

34. Performance Security

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

Employer an irrevocable and unconditional guarantee from a Bank in the form set forth in Section

(the “Performance Security”) for an amount equal to 5% (five percent) of its Contract Price. In case

of bids mentioned below, the successful Bidder, along with the Performance Security, shall also

furnish to the Authority an irrevocable and unconditional guarantee from a Bank in the same form

given at Section 8 towards an Additional Performance Security (The “Additional Performance

Security”) for an amount calculated as under:

DEFECT LIABILITY

(a) If the Contract Price offered by the Selected Bidder is lower than 10% but upto 20% of the

Estimated Project Cost, then the Additional Performance Security shall be calculated @ 20% of

the difference in the (i) Estimated Project Cost (as mentioned in Bid Document) - Minus 10%

of the Estimated Project Cost and (ii) Contract Price offered by the selected Bidder.

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

Cost, then the Additional Performance Security shall be calculated @ 30% of the difference in

the (i) Estimated Project Cost (as mentioned in Bid Document) - Minus 10% of the Estimated

Project Cost and (ii) Contract Price offered by the selected Bidder.

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

(D) The Performance Security shall be valid beyond 60(sixty) days of the Defects Liability Period

and the Additional Performance Security shall be valid beyond 28 (twenty-eight) days of

Project Completion Date.

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

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

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

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

per their latest amendment.

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

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

35 Advance Payment and Security

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

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

36. Dispute Review Expert

36.1 The Employer proposes that [name of proposed Dispute Review Expert as indicated in Appendix]

be appointed as Dispute Review Expert under the Contract, at a daily fee as indicated in

Appendix plus reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder

should so state in the Bid. If in the Letter of Acceptance, the Employer has not agreed on the

appointment of the Dispute Review Expert, the Dispute Review Expert shall be appointed by the

Council of Indian Roads Congress at the request of either party.

37. Corrupt of Fraudulent Practices

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

engaged in corrupt or fraudulent practices in completing for the contract in question and will

declare the firm ineligible, either indefinitely or for a stated period of time, to be awarded a

contract with National Highways Authority of India/ State PWD and any other agencies, if it at any

time determines that the firm has engaged in corrupt or fraudulent practices in completing for

the contractor, or in execution.

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

APPENDIX TO ITB

Clause Reference with respect to Section –I

1. The Name of the Employer is [ Cl.1.1]

Deputy Municipal Commissioner Nadiad Municipal Corporation

2. The last seven years.

2025-2026(Base Year)

3. This Annual Financial Turnover Amount is Rs. 1,25,00,000/- [Cl.4.5.3 (a)]

4. Value of Work is Rs. 2,50,00,000/-

6. The cost of electric work is Rs. __________/-

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

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

9. Price level of the financial year 2025/26 [Cl. 4.5.2]

10. The pre-bid meeting will take place at Nadiad Municipal Corporation [Cl. 9.2.1]

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

Commissioner, Nadiad Municipal Corporation on dt at ………AM/PM

12. Address of the Employer: Nadiad Municipal Corporation

13. Identification :

( name of Contract)

- Bid reference No ___ of Nadiad Municipal Corporation - ( insert number)

- Do not open before as per NIT - ( time and date )

14. The bid should be submitted latest by As stated on online NIT [Cl. 20.1 & 20.2]

15. The bid will be opened at Nadiad Municipal Corporation As stated on online [Cl. 23.1 ]

16. The Bank Draft in favor of Municipal Commissioner, Nadiad Municipal

17. The name of Dispute Review Export is to be intimated later on

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

executed and financial figure to a common base value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender 2025-2026

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

[Reference CL. 4.5.5]

The contractors shall also give a list of machineries in his possession and which they propose to use on the

Sr. Plant or Location Age of Make Capacity Approximate Remark

No. Machinery Machinery Value

List of Key Personnel to be deployed on Contract Work (Reference Cl. 4.5.4)

Employment of a qualified site Engineer by the Contractor.

The Contractor shall employ full-time technically qualified staff during the execution of this work as under:

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

executed is more than Rs.50 lakhs.

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

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

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

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

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

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

and he shall not be entrusted with other duty except this work.

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

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

execution of the work on the site.

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

Commissioner-in-charge of the work the Name, Qualifications, copy of mark sheet, Colour

Photograph and the appointment order issued such engineers engaged for this contract work. If

days after issue of work order such designated Site Engineers do not resume or do not remain

present on site of work, the recovery at the rate of Rs.15,000-00 per month per Engineer will be

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

QUALIFICATION INFORMATION

QUALIFICATION INFORMATION

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

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

incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder

Place of registration

Principal place of business

Power of attorney of signatory of Bid

1.2 Total value of Civil engineering constructions

Work performed in the last five years

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

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

the bid documents, provided further that all other qualification criteria are satisfied (in the same

name) on works of a similar nature over the last five years and in current year before the

submission of the bid.

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

Name the work No. contract of period of completion explaining

Employer (Rs. issue completion reasons for

Crore) of delay &

order Completed

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

Immediately preceding the financial year in which bids are received.

1.3.2 Quantities of work executed as prime contractor, work performed, in the past as a nominated sub-

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

of work described in the bid document, provided, further that all other qualification criteria are

called (in the same name and style) in the last five years and in current year before the submission

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

of the the Cement Masonry Earth Bituminous (indicate

work Employer Concrete Works Work contract Ref)

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

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

(A) Existing commitments and on-going works:

Description of Place Contract Name & Value Stipulated Value of Anticipated

works & No. Address of Contract Period of Works of

State Employer (Rs. Cr) Completion remaining completion

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

Immediately preceding the financial year in which bids are received.

1.5 Availability of key items of Contractors Equipment for carrying out the works (Ref. Clause 4.5.5).

The Bidder should list all the information requested below.

Item of Requirement Availability Proposals Remarks

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

Leased to be Capacity Conditions whom to

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

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

Position Name Qualification Year of Year of experience

Experience in the proposed

(General) position

Project Manager &

1.7 Proposed sub-contract and firms involved

Sections of the works Value of Sub- Sub-Contractor (Name Experience in

Contractor & similar work

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

work/ building electrification works.

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

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

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

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

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

references if contacted by the Employer.

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

Other Party (ies) Employer Cause of Amount Remarks showing

Dispute Involved Present Status

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

(Name of Consultant engaged for project preparations is ............................................................. )

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

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

1.15 Quality Assurance Plan

3. Additional Requirements

3.1 Bidders should provide any additional information required to fulfill the

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

(ii) Undertaking

(iii) Update of original prequalification application. ()

(iv) Copy of original prequalification application ( )

(v) Copy of prequalification letter ( )

Delete, if prequalification has been carried out.

Fill the Name of Consultant.

Delete, if prequalification has not been carried out.

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT

(CLAUSE 4.5.6 OF ITB) BANK

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

with a good financial standing.

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

above firm, we shall be able to provide overdraft/credit facilities to the extent of Rs. To meet

their working capital requirements for executing the above during the contract period.

Senior Bank Manager

Address of the Bank

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

are true and correct.

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

have not abandoned any work of

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

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

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

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

furnish pertinent information deemed necessary and requested by the Department to verify

this statement or regarding any (our) competence and general reputation.

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

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

Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

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

up to 25% of the value of the work during implementation of the contract.

(Signed by an Authorized officer of the firm)

Title of officer

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A General Page D. Cost Control

1 Definitions 40 37 Bill of Quantities

2 Interpretation 41 38 Changes in the Quantities

3 Language and Law 41 39 Variations

4 Engineer’s Decisions 41 40 Payments for Variations

5 Delegations 41 41 Cash Flow Forecasts

6 Communications 41 42 Payment Certificates

7 Sub-Contractors 42 43 Payments

8 Other Contractors 42 44 Compensations Events

9 Personnel 42 45 Tax

10 Employer’s & Contractor Risk 42 46 Currencies

11 Employers Risks 42 47 Price Adjustment

12 Contractor’s Risk 42 48 Retention

13 Insurance 42 49 Liquidated damages

14 Site Investigations Reports 43 50 Bonus

15 Queries about the Contract 43 51 Advance Payment

16 Contractors to Construct the works 43 52 Securities

17 The Works to be Completed By 43 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 43 54 Cost of Repair

20 Discoveries 43 E. Finishing the Contract

21 Possession of the Site 43 55 Completion

22 Access to the Site 44 56 Taking Over

23 Instructions 44 57 Final Account

24 Disputes 44 58 Operating and Maintenance

25 Procedure for Disputes 44

26 Replacement of Dispute Review Export 44 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 45 62 Release from Performance

28 Extensions of the Intended completion

29 Deleted 45 F. Special Conditions of

30 Delays Ordered by The 45 63 Labour

Engineer 64 Compliance with labour regulations

31 Management Meetings 45 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

Conditions of Contract

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

but keep their defined meaning.

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

Compensation Events are those defined in Clause 44 hereunder

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

in accordance with Sub Clause

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

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

the documents listed in Clause 2.3 below.

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

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

accepted by the Employer.

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

the Employer and includes Technical and Financial Bids.

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

adjusted in accordance with the provisions of the Contract.

Days are calendar days: months are calendar months.

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

from the Completion Date.

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

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

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

responsible for supervising the Contractor, administering the Contract, certifying payments due

to the Contractor, issuing and valuing Variations to the Contract, awarding extensions of time,

and valuing the Compensations Events.

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

construct the Works.

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

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

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

Intended Completion Date may be revised only by the Engineer by issuing an extension of time.

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

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

chemical or biological functions.

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

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

are factual interpretive reports about the surface and subsurface conditions at the site.

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

modification or addition made or approved by the Engineer.

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

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

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

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

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

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

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

what the Contract requires the Contractor to construct, install,

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

2. Interpretation

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

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

their normal meaning under the language of the Contract unless specifically defined. The

Engineer will provide instructions clarifying queries about Conditions of Contract.

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

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

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

Completion date for the whole works)

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

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

(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

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

3. Language and Law

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

4. Engineers Decisions

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

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

5.1 The Engineer may delegate any of his duties and responsibilities to other people after

notifying the Contractor and may cancel any delegation after notifying the Contractor.

6. Communications

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

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

Indian Contract Act).

7. Sub-Contracting

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

data, with the approval of the engineer but may not assign the Contract without the

approval of the Employer in writing. Subcontracting shall not alter the Contractor’s

obligations. Sub-contracting of supply or specific items of work is not allowed.

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

work to be subcontracted.

8. Other Contractors

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

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

Contractor. The Contractors shall as refer to in the Contract Data, also provide facilities

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

schedule of other contractors and shall notify the contractor of any such modifications.

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

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

personnel approved by the Engineer. The Engineer will approve any proposed

replacement of key personnel only if their qualifications, abilities, and relevant experience

are substantially equal to or better than those of the personnel listed in the Schedule.

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

Contractor Staff or his work force stating the reasons the Contractor shall ensure that the

person leaves the Site within seven days and has no further connection with the work in

10. Employer’s and Contractors Risks

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

Contractor carries the risks which these Contracts states are Contractors risk.

11. Employer’s Risks

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

affect the execution of the Works, the risks of war, hostilities, invasion, act of foreign

enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot

commotion or disorder (unless restricted to the Contractor’s employees), and

contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive.

12. Contractor’s Risks

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

arise during and in consequence of the performance of the Contract other than the

excepted risks are the responsibility of the Contractor.

13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor,

insurance cover from the Start date to the end of the Defects Liability Period, in the

amounts and deductibles stated in the Contract data for the following events which are

due to the Contractor’s risks:

(a) Loss of or damage to the works, Plant and materials,

(b) Loss of or damage to Equipment

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

Equipment) in connection with the Contract; and

(d) Personal injury or death.

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

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

compensation to be payable in the types and proportions of currencies required to rectify

the loss or damage incurred.

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

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

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

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

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

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

14. Site Investigation Report

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

in the Contract Data, supplemented by any information available to the Bidder.

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

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

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

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

out the Works in accordance with the programme submitted by the Contractor, as

updated with the approval of the Engineer, and complete them by the Intended

Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary

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

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

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

Temporary works.

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

where required.

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

permanent work are subject to prior approval by the Engineer before their use.

19.1 The Contractor shall be responsible for the safety of all activities on the Site.

20. Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly discovered on

the site is the property of the Employer. The contractor is to notify the engineer of such

discoveries and carry out the Engineer’s instructions for dealing with them.

21. Possession of the Site

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

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

have delayed the start of the relevant activities and this will be a Compensation Event.

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

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

Contractor/Employer has to foreclose the work within 30 days after lapse of 25%-time

limit and after 30 days foreclosure option will be closed.

22. Access to the Site

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

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

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

manufactured/ fabricated/ assembled for the works.

23. Instructions

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

comply with the applicable laws where the site is located.

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

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

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

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

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

taken, the decision shall be referred to Deputy Municipal Commissioner (Higher

Authority)within 14 days of the notification of the Engineer's decision. If the issue is not

resolved, any party can refer the matter for conciliation within 15 days from the decision

given by the Dy. Municipal Commissioner.

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

of the Dy. Municipal Commissioner, both the parties have to refer to the Municipal

Commissioner, Nadiad Municipal Corporation concern for the conciliation process.

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

decision of the Dy. Municipal Commissioner, both the parties have to refer to the

Municipal Commissioner, Nadiad Municipal Corporation for the conciliation process.

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

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

a claim / dispute to the Higher Authority within 14 days of the notification of the

Engineer's decision, the Contractor shall not be entitled to any additional payment/claim if

he doesn’t follow the above sequence in stipulated time and he should not stop the work.

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the arbitration procedure

stated in the Special Conditions of Contract.

26. Replacement of Dispute Review Expert

26.1 Should the Dispute Review Expert resign or die, or should the Employer and the

Contractor agree that the Dispute Review Expert is not fulfilling his functions in

accordance with the provisions of the Contract, a new Dispute Review Expert will be

jointly appointed by the Employer and the Contractor. In case of disagreement between

the Employer and the Contractor, within 30 days, the Dispute Review Expert, shall be

designated by the Appointing Authority designated in the Contract Data at the request of

either party, within 14 days of receipt of such request.

B. TIME CONTROL

27.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer

for approval a Programme showing the general methods, arrangements orders, and

timing for all the activities in the works along with monthly cash flow forecast.

27.2 An update of the Programme shall be a programme showing the actual progress achieved

on each activity and the effect of the progress achieved on the timing of the remaining

work including any changes to the sequence of the activities.

27.3 The Contractor shall submit to the Engineer, for approval an updated programme at

intervals no longer than the period stated in the Contract data. If the Contractor does not

submit an updated programme within this period, the Engineer may withhold the amount

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

programme has been submitted.

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

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

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

28. Extension of the Intended Completion Date

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

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

Intended Completion Date without the Contractor taking steps to accelerate the

remaining work and which would cause the Contractor to incur additional cost.

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

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

a compensation event or Variation and submitting full supporting information. If the

Contractor has failed to give early warning of a delay or has failed to cooperate in dealing

with a delay, the delay by this failure shall not be considered in assessing the new

Intended Completion Date.

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

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

shall in not more than 21 days communicate to the engineer the acceptance or otherwise

of the Engineer’s decision. If the employer fails to give his acceptance, the Engineer shall

not grant the extension and the contractor may refer the matter under Clause

30. Delays Ordered by the Engineer

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

within the works.

31. Management Meetings

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

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

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

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

sthe parties for actions to be taken is to be decided by the Engineer either at the

management meeting or after the management meeting and stated in writing to all who

attended the meeting.

32. Early Warning

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

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

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

to provide an estimate of the expected effect of the future event or circumstance on the

contract price and completion date. The estimate is to be provided by the Contractor as

soon as reasonably possible.

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

how the effect of such an event or circumstance can be avoided or reduced by anyone

involved in the work and in carrying out any resulting instruction of the Engineer.

C. QUALITY CONTROL

33. Identifying Defects/ Defect liability period

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

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

mentioned hereunder from the certified date of completion. The Engineer in charge shall

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

good the same within 15 days of receipt of the notice. In the case of failure on the part of

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

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

the whole or any part of the amount of security deposit towards the expenses, if any,

Incurred by him in rectification, removal or re-execution. The Defects Liability period shall

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

Months from the certified date of completion.

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

period shall be 36 (Thirty Six) months from the certified date of completion or one

monsoon, whichever is later.

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

certified date of completion which should include three monsoons.

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

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

following the certified date of completion, whichever is later.

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

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

PRCH/102013(2976) 2759-N, Dated 27/05/2013 and Circular No.TNC/10/2016/Clause 17A

(Correction/(1)C Dated 12/05/2016]

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

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

date of completion.

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

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

completion. During this period the contractor shall visit the site every six months

along with the concerned Section Officer / Deputy Municipal Commissioner and will

examine the work already carried out in this contract like road work, jungle cutting,

side shoulders, side gutter, road furniture, patta etc. and will prepare Km. wise

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

within 15 days by the contractor at his risk and cost as per the direction of Engineer in

charge. The contractor needs to do videography of these visits and require to submit

at the time of release of FMG. If B.T. the surface during the maintenance period of

years is worn out then agency shall have to provide renewal coating as per tender

item as directed by the Engineer-in- charge. The amount equivalent to 5% of each

running bill shall be withheld and will be released after the free maintenance

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

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

pledged in the name of Dy. Municipal Commissioner after completion certificate of

work is issued.

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

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

material in question.

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

the miscellaneous items like earthwork in embankment / cutting for side shoulders,

side gutters, kilometer / indicator / guard stones, sign boards etc. are completed in all

respect by the contractor. After completion of the miscellaneous items, the above

said 2% withheld amount shall be released.

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

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

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

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

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

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

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

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

exclusively for this contract by the contractors. If quality Engineer is not deployed by

contractor within one month after the date of work order, the amount equivalent to

Rs.20,000 per month shall be recovered till the actual deployment of quality engineer.

The amount so recovered towards the deployment of quality engineers shall not be

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

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

(6) Maintenance during Construction Period

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

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

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

the date of the Agreement, and shall undertake the necessary repair and maintenance

works for this purpose; provided that the Contractor may, at his cost, interrupt and

divert the flow of traffic if such interruption and diversion is necessary for the efficient

progress of works and conforms to Good Industry Practice; provided further

that such interruption and diversion shall be undertaken by the Contractor only with

the prior written approval of the Dy. Municipal Commissioner which approval shall not

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

shall at all times be responsible for ensuring safe operation of the road.

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

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

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

work that the Engineer considers may have a Defect.

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

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

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

Compensation Event.

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

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

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

the work for this purpose agency shall construct a pukka laboratory building with all

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

35. Correction of defects

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

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

The Defects Liability Period shall be extended for as long as Defects remain to be

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

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

36. Uncorrected Defects

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

notice, the Engineer will assess the cost of having the Defect corrected, and the

Contractor will pay this amount.

D. COST CONTROL

37. Bill of Quantities

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

commissioning work to be done by the Contractor.

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

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

38. Change in the Quantities

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

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

or advisable during the progress of the work and the contractor shall be bound to carry

out the work in accordance with any instruction in this connection which may be given to

him in writing signed by the Engineer and such alteration shall not invalidate the contract

and any additional work which the contractor may be directed to do in the manner above

specified as part of the work shall be carried out by the contractor on the same conditions

in all respects on which he agreed to do the main work and at the same rate as are

specified in the tender for the main work.

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

than 110%, the contractor will be paid for the quantity in excess of 110%, at the rate

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

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

40. Payments for Variations

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

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

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

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

items, the item of the contract which is nearest in comparison with regard to class or

classes of the work involved shall be selected and the decision of the Dy. Municipal

Commissioner as to the nearest comparable item shall be final and binding on the

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

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

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

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

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

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

decrease of the tender shall be calculated considering such items which were included in

the “Scheduled Rates” of the division for the year and for materials consumed on such

item the rate to be charged would be the basic rate taken into account for fixing the rate

in S.O.R. referred to above.

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

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

analysis after hearing the contractor before a Committee of two Municipal Commissioners

stationed at the same place or the nearest place.

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

the Division is ordered to be carried out before the rate is agreed upon, then the

contractor shall within seven days of the date of receipt by him of the order to carry out

the work, inform the Engineer-in-charge of the rate, which it is his intention to charge for

such class of work and if the Engineer in charge does not agree to this rates, he shall by

notice in writing be at liberty to cancel his order to carry out such class of work and

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

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

before the rates shall have been determined as lastly herein before mentioned, then in

such cases he shall only be entitled to be paid in respect of the work carried out or

expenditure incurred by him prior to the date of the determination of the rate as

aforesaid according to such rate or rates as shall be fixed by the Engineer-in-charge. In the

event of the dispute, the decision of the Dy. Municipal Commissioner of the Circle shall be

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

and specifications recommended by the contractor and accepted by the competent

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

drawings and specifications appended to the tenders.

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

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

work and the certificate of the Engineer-in-charge as to such proportion shall be final and

41. Cash Flow Forecasts

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

updated cash flow forecast.

42. Payment certificates.

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

the work completed less the cumulative amount certified previously.

42.2 The Engineer shall check the Contractor’s monthly statement within 14 days and certify

the amount to be paid to the Contractor after taking in to account any credit or debit for

the month in question in respect of materials for the works in the relevant amounts and

under conditions set forth in sub-clause

32.3 of the Contract Data (secured Advance).

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

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

Bill of Quantities completed.

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

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

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

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

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

Employer shall pay the Contractor the amounts certified by the Engineer within 28 days of

the date of each certificate.

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

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

to pay the GST to the concerned Authority.

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

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

44. Compensation events

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

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

date stated in Contract data to the Contractor

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

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

price escalation.

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

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

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

submission of actual documentation. Contractor will have to intimate Engineer regarding

changes occurred in the tax structure after bid submission. If the contractor fails to

provide such information and if any financial obligation may arise due to change in tax

structure, same will be recovered from the contractor.

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

pay the GST to the concerned Authority.

46. Currencies.

46.1 All payment shall be made in Indian Rupees.

47. Price Adjustment

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

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

and as per formula given in the contract data:

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

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

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

for reasons attributable to the contractor.

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

in the contract data.

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

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

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

advance recovered, if any during the month. It will exclude value for works executed

under variations for which price adjustment will be worked separately based on the

terms mutually agreed.

47.2 To the extent that full compensation for any rise or fall in costs to the contractor is not

covered by the provisions of this or other clause in the contract, the unit rates and prices

included in the contract shall be deemed to include amounts to cover the contingency of

such other rise or fall in costs.

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

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

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

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

Contractor and half when the Defects Liability Period has passed and the Engineer has

certified that all Defects notified by the Engineer to the Contractor before the end of this

period have been corrected.

48.3 On completion of the whole works, the contractor may substitute retention money with

an “on demand” Bank guarantee.

In case, Contractor requests for refund of the Retention Money deducted by the

Employer under the provision of this clause, Employer shall consider the said request of

the Contractor provided that the refund hereunder shall be made in tranches of not less

than 1% (One Percent) of the Contract Price and Contractor furnishes an irrevocable and

unconditional Bank guarantee for an equal amount substantially in the format of Bank

Guarantee for Performance Guarantee enclosed with SBD and valid up to 60 day beyond

the scheduled / extended Defects Liability Period. On completion of the whole works, the

contractor has however an option to submit a fresh irrevocable and unconditional Bank

Guarantee for an amount equal to 5% of the total value of work executed substantially in

the format of Bank Guarantee for Performance Guarantee enclosed with SBD and valid up

to 60 days beyond the Defect Liability Period and yet refund the Retention Money Bank

Guarantee submitted for refund of Retention Money.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in

the Contract Data for each day that the Completion Date is later than the Intended

Completion Date (for the whole works or the milestone as stated in the contract data).

The total amount of liquidated damages shall not exceed the amount defined in the

The total amount of liquidated damages shall not exceed the amount defined in the

Contract Data. The Employer may deduct liquidated damages from payment due to the

Contractor. Payment of liquidated damages does not affect the Contractor’s liabilities.

49.2 If the Intended Completion Date is extended after liquidated damages have been paid, the

Engineer shall correct any overpayment of liquidated damages by the Contractor by

adjusting the next payment certificate. The Contractor shall not be entitled for any

interest on the over payment calculated from the date of payment to the date of

49.3 If the contractor fails to comply with the time for completion as stipulated in the tender,

then the contractor shall pay to the employer the relevant sum stated in the Contract

Data as Liquidated damages for such default and not as penalty for everyday or part of

day which shall elapse between relevant time for completion and the date stated in the

taking over certificate of the whole of the works on the relevant section, subject to the

limit stated in the contract data.

The employer may, without prejudice to any other method of recovery deduct the

amount of such damages from any monies due or to become due to the contractor. The

payment or deduction of such damages shall not relieve the contractor from his

obligation to complete the works on from any other of his obligations and liabilities under

49.4 If, before the Time for Completion of the whole of the Works or, if applicable any Section,

a Taking Over Certificate has been issued for any part of the Works or of a Section, the

liquidated damages for delay in completion of the remainder of the Works or of that

Section shall, for any period of delay after the date stated in such Taking-Over-Certificate,

and in the absence of alternative provisions in the Contract, be reduced in the proportion

which the value of the part so certified bears to the value of the whole of the Works or

Section, as applicable. The provisions of this Sub-clause shall only apply to the rate of

liquidated damages and shall not affect the limit thereof.

50.1 If the contractor achieves completion of the whole of the works prior to the intended

Completion Date prescribed in Contract Data the Employer shall pay to the contractor a

sum stated in Contract Data as bonus for every completed month but subjected to

maximum amount as stated in Contract Data; which shall elapse between the date of

completion of all items of works as stipulated in the contract, including variations ordered

by the Engineer and the time prescribed in Clause

50.2 Bonus shall be paid only to works amounting to above INR 5 crore with time limit of the

works is equal or more than 06 months. The bonus would be paid as under

% of Time Saved % of Initial Contract Price

entitled for Bonus

Less than 10% 0%

51. Advance Payment.

51.1 The Employer shall make advance payment (not to be paid less than two installments

except in special circumstances for which the reason to be Recorded in writing) to the

Contractor of the amounts stated in the Contract Date by the date stated in the Contract

Date, against provision by the Contactor of an Unconditional Bank Guarantee in a form

and by a bank acceptable to the Employer in amounts and currencies equal to be at least

110% of the advance payment. The guarantee shall remain effective until the advance

payment has been repaid, but the amount of the guarantee shall be progressively reduced

by the amounts repaid by the Contractor. The Mobilization advance would be deemed as

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

51.2 The Contractor is to use the advance payment only to pay for Equipment, plant and

Mobilization expenses required specifically for execution of the Works. The Contractor

shall demonstrate that advance payment has been used in this way by supplying copies of

invoices or other documents to the engineer.

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

otherwise due to the Contractor, following the schedule of completed percentages of the

Works on a payment basis. No account shall be taken of the advance payment or its

repayment in assessing valuations of work done, variations, price adjustments,

Compensation Events, or Liquidated damages.

51.4 Secured Advance

The Engineer shall make advance payment in respect of materials intended for but not yet

incorporated in the works in accordance with conditions stipulated in the contract Data.

52.1 The performance Security (including additional security for unbalanced bids) shall be

provided to the Employer no later than the date specified in the Letter of Acceptance and

shall be issued in an amount and form and by a bank or surety acceptable to the

Employer, and denominated in Indian Rupees. The performance Security shall be valid

until a date 60 days from the date of expiry of Defects Liability Period and the additional

security for unbalanced bids shall be valid until a date 28 days from the date of issue of

the certificate of completion.

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the Works between the

Start date and the end of Defects Correction periods shall be remedied by the Contractor

at the Contractor’s cost if the loss or damages arises from the Contractor’s acts or

E. FINISHING THE CONTRACT

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

and the Engineer will do so upon deciding that the work is completed.

56. Taking Over

56.1 The Employer shall take over the Site and the Works within seven days of the Engineer

issuing a certificate of Completion.

57. Final Account

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

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

that the Contractor considers payable as full and final settlement of all claims under the

Contract for items before the end of the Defects Liability Period. The Engineer shall issue a

Defect Liability Certificate and certify any final payment that is due to the Contractor

within 56 days of receiving the Contractor's account if it is correct and complete. If it is

not, the Engineer shall issue within 56 days a schedule that states the scope of the

corrections or additions that are necessary. If the Final Account is still unsatisfactory after

it has been resubmitted, the Engineer shall decide on the amount payable to the

Contractor and issue a payment certificate, within 56 days of receiving the Contractor’s

revised account.

57.2 If reversal in characteristic of tender (L1 becoming L2) on account of excesses and savings

in final account is observed, the Engineer/Employer shall be at liberty to restrict the final

payment of BOQ items to the lowest amount evaluated of the bids considering the final

quantities and the rates quoted including the rebates if any. Payment of variation items

shall however be made at the rates approved by the Employer, within 90 days from the

physical completion of work.

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and/or operating and maintenance manuals are required, the

Contractor shall supply them by the dates stated in the Contract data.

58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the

Contract data, or they do not receive the Engineer’s approval, the Engineer shall withhold

the amount stated in the Contract Data from payments due to the Contractor.

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the other party causes a

fundamental breach of the Contract.

59.2 Fundamental breaches of Contract include, but shall not be limited to the following:

1. The contractor stops work for 28 days when no stoppage of work is shown on the

current programme and the stoppage has not been authorized by the Engineer

2. The Engineer instructs the Contractor to delay the progress of the Works and the

instructions is not withdrawn within 28 days;

3. The Employer or the Contractor is made bankrupt or goes into liquidation other than

for a reconstructions or amalgamation

4. A payment certified by the Engineer is not paid by the Employer to the Contractor

within 56 days of the date of the Engineer’s certificate

5. The Engineer gives Notice that failure to correct a particular Defect is a fundamental

breach of Contract and the Contractor fails to correct it within a reasonable period of

time determined by the Engineer;

6. The Contractor does not maintain a security which is required;

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

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

8. If the Contractor, in the judgment of the Employer has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract.

For the purpose of this paragraph: “corrupt practice” means the offering, giving,

receiving or soliciting of anything of value to influence the action of a public official in the

procurement process or in contract execution. “Fraudulent practice” means a

misrepresentation of facts in order to influence a procurement process or the execution of

a contract to the detriment of the borrower, and includes collusive practice among

Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-

competitive levels and to deprive the Borrower of the benefits of free and open

59.3 When either party to the Contract gives notice of a breach of contract to the Engineer for

a cause other than those listed under Sub Clause 59.2 above, the Engineer shall decide

whether the breach is fundamental or not.

59.4 Notwithstanding the above, the employer may terminate the Contract for convenience.

60. Payment upon Termination

60.1 If the Contract is terminated because of a fundamental breach of Contract by the

Contractor, the Engineer shall issue a Certificate for the value of the work done less

advance payments received up to the date of the issue of the certificate, less other

recoveries due in terms of the contract, less taxes due to deducted at source as per

applicable law and less the percentage to apply to the work not completed as indicated in

the Contract data. Additional Liquidated Damages shall not apply. If the total amount due

the Contract data. Additional Liquidated Damages shall not apply. If the total amount due

to the Employer exceeds any payment due to the Contractor the difference shall be a debt

payable to the Employer.

60.2 If the Contract is terminated at the Employer’s convenience or because of a fundamental

breach of Contract by the Employer, the Engineer shall issue a certificate for the value of

the work done, the cost of balance material brought by the contractor and available at

site, the reasonable cost of removal of equipment, repatriation of the Contractor’s

personnel employed solely on the works, and the Contractor’s cost of protecting and

securing the Works and less advance payment received up to the date of the certificate,

less other recoveries due in terms of the contract and less taxes due to deducted at

source as per applicable law.

61.1 All materials on the Site, Plant Equipments, Temporary Works and Works are deemed to

be property of the Employer, if the Contract is terminated because of a Contractor’s

62. Release from Performance

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

the control of either the Employer or the Contractor the Engineer shall certify that the

Contract has been frustrated. The Contractor shall make the Site safe and stop work as

quickly as possible after receiving this certificate and shall be paid for all work carried out

before receiving it and for any work carried out afterwards to which commitment was

F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract, make his own

arrangements for the engagement of all staff and labour, local or other, and for their

payment of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the Engineer a return

in detail, in such form and at such intervals as the Engineer may prescribe, showing the

staff and the numbers of the several classes of labour from time to time employed by the

Contractor on the site and such other information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub- contractor shall

abide at all times by all existing labour enactments and rules made thereunder,

regulations, notification and bye laws of the State or central Government or local

authority and any other labour law (including rules), regulations, bye laws that may be

passed or notifications that may be issued under any labour law in future either by the

State or the Central Government or the local authority. Salient features of some of the

major labour laws that are applicable to the construction industry are given below. The

Contractor shall keep the Employer indemnified in case any action is taken against the

Employer by the competent authority on account of contravention of any of the

provisions of any Act or rules made thereunder, regulations or notifications including

amendments. If the Employer is caused to pay or reimburse, such amounts as may be

necessary to cause or observe, or for observance of the provisions stipulated in the

notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of

the Contractor, the Engineer/employer shall have the right to deduct any money due to

the Contractor including his amount of performance security. The Employer/Engineer shall

also have the right to recover from the Contractor any sum required or estimated to be

required for making good the loss or damage suffered by the Employer.

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

the employees of the Employer at any point to time.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS WORK

A) Workmen Compensation Act 1923 :- The Act provides for compensation in case of injury by

accident arising out of and during the course of employment.

B) Payment of Gratuity Act. 1972 :- Gratuity is payable to an employee under the Act on

satisfaction of certain conditions on separation if an employee has completed 5 years service

or more on death, the rate of 15 days wages for every completed year of service. The Act is

applicable to all establishments employing 10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952:- The Act Provides for monthly

contributions by the employer plus workers @ 10% or 8.33% The benefits payable under the

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

2. Deposit linked insurance on the death in harness of the worker.

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951 :- The Act provides for leave and some other benefits to women

employees in case of confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970 : The Act provides for certain welfare

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

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

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

to take license from the designated Officer. The Act is applicable to the establishments or

Contractor of Principal Employer, if they employ 20 or more contract labour.

F) Minimum Wages Act 1948 :- The Employer is supposed to pay not less than the Minimum

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

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

G) Payments of wages Act 1936:- It lays down as to by what date the wages are to be paid,

when it will be paid and what deductions can be made from the wages of the workers.

H) Equal remunerations Act 1979 :- The Act provides for payment of equal wages for work of

equal nature to Male and Female workers and for not making discrimination against female

employees in the matter of transfer, training and promotions etc.

I) Payments of Bonus Act 1965 :- The Act is applicable to all establishments employing 20 or

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

8.33% of wages and maximum of 20 % of wages to employees drawing Rs. 3500/- per month

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

per month shall be worked out by taking wages as Rs. 2500/- per month only. The Act

does not apply to certain establishments. The newly set-up establishments are exempted for

five years in certain circumstances. Some of the State Governments have reduced the

employment size from 20 to 10 for the purpose of applicability of this Act.

J) Industrial Disputes Act 1947 :- The Act lays down the machinery and procedure for

resolutions of Industrial disputes, in what situations a strike or lock-out becomes illegal and

what are the requirements for laying off or retrenching the employees or closing down the

K) Industrial employment (standing Orders) Act 1946 :- It is applicable to all establishments

employing 100 or more workmen (employment size reduced by some of the State and

Central Government to 50). The Act provides for laying down rules governing the conditions

of employment by the Employer on matters provided in the Act and get the same certified

by the designated Authority.

L) Trade Unions Act 1926:- The Act lays the procedure for registration of trade unions of

workmen and employers. The Trade Unions registered under the Act have given certain

immunities from civil and criminal liabilities.

M) Child Labour (Prohibition & Regulation Act 1986 :- The Act prohibits employment of children

below 14 years of age in certain occupations and process and provides for regulation of

employment of children in all other occupations and processes. Employment of Child labour

is prohibited in Building and Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions of service) Act

1979:- The Act is applicable to an establishment which employs 5 or more inter-state

migrant workmen through an intermediary (who has recruited workmen in one state for

employment in the establishment situated in another state).The inter-state migrant

workmen, is an establishment to which this Act becomes applicable, are required to be

provided certain facilities such as housing, medical aid, traveling expenses from home upto

the establishment and back, etc.

O) The Building and Other Construction workers (Regulation of employment and Conditions of

Service) Act 1996 and the Cess Act of 1996:- All the establishments who carry on any building

or other constructions work and employ 10 or more workers are covered under this Act.

All such establishments are required to pay cess at the rate not exceeding 2% of the cost of

construction as may be modified by the government. The Employer of the establishment is

required to provide safety measures at the Building or construction work and other welfare

measures, such as canteens, First Aid facilities, Ambulance, Housing accommodations for

workers near the workplace etc. The Employer to whom the Act applies has to obtain a

registration certificate from the Registering Officers appointed by the Government.

P) Factories Act 1948 :- The Act lays down the procedure for approval of plans before setting up

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

leave and rendering information regarding accidents or dangerous occurrences to designated

authorities. It is applicable to premises employing 10 persons or more with aid of power or

20 or more persons without the aid of power engaged in the manufacturing process.

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

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

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

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

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management plan for best

energy use, waste management, the reduction of pollution as in EMS (Environmental

Management system)ISO-14001-

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

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

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

decision shall be referred to Dy. Municipal Commissioner (Higher Authority) within 14 days

of the notification of the Engineer's decision. If the issue is not resolved, any party can refer

the matter for conciliation within 15 days from the decision given by the Dy. Municipal

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

the Dy. Municipal Commissioner, both the parties have to refer to the Municipal

Commissioner, Nadiad Municipal Corporation concerned for the conciliation process.

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

decision of the Dy. Municipal Commissioner, both parties have to refer to the

Municipal Commissioner, Nadiad Municipal Corporation for the conciliation process.

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

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

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

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

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

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

Clause Reference With respect To

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

1. The Employers is [CL.1.1]

Address: ………………………………….

Name of authorized Representative (will be intimated later)

2. The Engineer is ………………………

Name of Authorized Representative: …………………………

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

4. The Start Date shall be 1st days for the date of issue of the Notice to proceed [CL.1.1]

5. The Intended Completion Date for the whole of the works is [CL.1.1,17&2]

12 Months after start of work with the following milestones:

Milestone dates: [CL.2.2& 49.1]

Physical works to be completed Period from the start date Milestone

Milestone 1 i.e. 25% - timeline as per tender

Milestone 2 i.e. 50% - timeline as per tender

Milestone 3 i.e. 75% - timeline as per tender

Milestone 4 i.e. 100% - timeline as per tender

6. The Site is located at………………………………………….. [CL.1.1]

7. The name and identification number of the Contract is: [CL.1.1]

8. The works consist of ............................................. with items as per [CL.1.1]

B.O.Q. The works shall, inter alia, include the following, as Specified or as

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

strengthening including camber corrections; construction of new road/ Parallel

service road; bituminous pavements remodeling/construction of Junctions,

intersections, bus bays, lay-bays; supplying and placing of drainage Channels,

flumes, guard posts and guard other related items; construction/extension of

cross drainage works, bridge, approaches and other related stones; protective

works for roads/bridge; all aspects of quality assurance of various components

of the works; rectification of The defects in the completed works during the

Defects Liability Period; submission of “As- built’’ drawings and any other

related documents; and other item of work as may be required to be

carried out for completing the work in

accordance with the drawings and the provisions of the contract and to ensure

(B) Bridge Works

Site clearance; setting out, provision of foundations, piers abutments and

bearing; prestressed/reinforced cement concrete superstructure; wearing

coat, hand railings, expansion joints, approach slabs, drainages spouts/

downtake pipes, arrangements for fixing light posts, water mains, utilities etc;

provision of suitably designed protective works; providing wing/return walls;

provision of road markings, road signs etc.; all aspects of quality assurance;

clearing the site and handing over the works on completion; rectification of the

defects during the Defects Liability Period and submission of “As-built”

drawings and other related documents; and other items of work as may be

required to be carried out for completing the works in accordance with the

drawings and the provisions of the contract and to Insure safety [CL.1.1]

(C) Other Items

Any Other Items as required to fulfill all contractual obligations as per the Bid [CL.2.3(9)]

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

As per clause 2-3

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

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

13. Limit of subcontracting 25% of the Initial Contract Price [CL.7.1]

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

15. The Schedule of Key Personnel As per Annex – II to Section I [CL.9]

16. The minimum insurance cover for physical property, injury and death is Rs. 5 lakhs [CL13]

per occurrence with the number of occurrences limited to four. After each

occurrence, the contractor will pay an additional premium necessary to make

insurance valid for four occurrences always.

17. Site Investigation report [CL.14]

18. The Site Possession dates shall be …………………….. [CL.21]

19. The period for submission of programme for approval of the engineer shall be 21 [CL. 27.1]

days from the issue of Letter of Acceptance.

20. The period between program updates will be 90 days. [CL.27.3]

21. The amount to be withheld for late submission of an updated [CL. 27.3]

programme shall be Rs _____________.

22. The following events shall also be Compensation Events [CL. 44]

Substantially adverse ground conditions encountered during the course of

execution of work not provided for in the bidding document.

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring additional

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

(iii) Removal of unsuitable material like marsh, debris dumps, etc. not

caused by the contractor.

(iv) Artesian conditions

(v) Seepage, erosion landslide

(vi) River training requiring protection of permanent work

(vii)Presence of historical, archeological or religious structures,

monuments interfering with the works

(viii) Restriction of access to ground imposed by civil, judicial, or

military authority

23. The currency of the Contract is Indian Rupees [CL. 46]

24. The formula (e) for adjustment of prices are as under: [CL.47]

 If any of the commodities like Cement, Steel or Bitumen are not found

applicable in a work, the weight component of that commodities {i.e.

‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen' (Pb) as indicated in SBD for the purpose

of Price Adjustment} shall be clubbed with the weight component of ‘Other

Material’ (Pm), such that the gross % weight of the components shall remain

R = value of work as defined in Clause 47.1 of Conditions of Contract

Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost due to labour

shall be paid in accordance with the following formula:

VL = Increase or decrease in the cost of work during the month

under consideration due to changes in rates for local labour

L0 = The consumer price index for industrial workers for the State on

days preceding the scheduled date of opening of technical Bids

as published by Labour Bureau, Ministry of Labour, Government

Li = The consumer price index for industrial workers for the State for the

month under consideration as published by the Labour Bureau,

Ministry of Labour, Government of India.

Pl = Percentage of labor component of the work.

Adjustment for cement component.

(ii) Prices adjustment for increase or decrease in the cost of cement

procured by the contractor

Vc = Increase or decrease in the cost of work during the month

under consideration due to changes in rates for cement.

C0 = The all India wholesale price index for Ordinary Portland

Cement on 28 days preceding the scheduled date of

opening of technical bid as published by the Office of the

Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Ci = The all India average wholesale price index for Ordinary Portland

Cement for the month under consideration as published by

Office of the Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce & Industry.

Pc = Percentage of cement component of the work

Adjustment for steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured by the contractor

shall be paid in accordance with the following formula

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

changes in the rates for steel

So= The all India wholesale price index for steel (Mild Steel - Long Products Rebars) on

28 days preceding the date of opening of Bids as published by the Office of the

Economic Adviser, Department for Promotion of Industry and Internal Trade, Ministry

of Commerce & Industry.

Si= The all India average wholesale price index for steel (Mild Steel - Long Products Rebars)

for the month under consideration as published by Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade, Ministry of Commerce &

Ps = Percentage of steel component of the work

Note : For the application of this clause, the index of Mild Steel- Long products

Rebars has been chosen to represent the steel group.

Adjustments of bitumen component

(iv) Price adjustment for increase in the cost of bitumen shall be paid in

accordance with the following formula

Vb = Increase or decrease in the cost of work during the month under consideration

due to changes in rates for bitumen.

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

the day 28 days prior to the scheduled date of opening of technical bid.

Bi = The official retail price of bitumen of IOC depot at the nearest centre for the

15th day of the month under consideration.

Pb = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

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

be paid in accordance with the following formula

Vf = Increase or decrease in the cost of work during the month under consideration

due to changes in rates for fuel and lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at the existing consumer

pumps of IOC at the nearest centre on the day 28 prior to the date of opening of

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

nearest centre for the 15th day of the month of the under consideration.

Pf = Percentage of fuel and lubricants component of the work

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

to represent the fuel and lubricants group.

Adjustment for Construction Machinery

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

spare procured by the Contractor shall be paid in accordance with the following

Vp= Increase or decrease in the cost of work during the month under consideration

due to changes in rates for plant and machinery spares

P0 = The all India wholesale price index for manufacturer of machinery for

mining, quarrying and Construction for the month under consideration as

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

and Internal Trade, Ministry of Commerce & Industry.

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

mining, quarrying and Construction for the month under consideration as

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

and Internal Trade, Ministry of Commerce & Industry.

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

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

chosen to represent the Plant and Machinery Spares group

Adjustment of other materials Component

(vii) Price adjustment for increase or decrease in cost of local materials other than

cement, steel, bitumen and POL procured by the contractor shall be paid in

accordance with the following formula

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

consideration due to change in rates for local materials other than cement, steel,

bitumen and POL.

M0 = The All Indian wholesale price index (all commodities) on 28 days preceding

the scheduled date of opening of technical Bids, as published by the Office of the

Economic Adviser, Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Mi= The All India wholesale price index (all commodities) for the month under

consideration as published by the Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade, Ministry of Commerce & Industry.

Pm = Percentage of local material components (other than cement, steel,

bitumen and POL) of the work.

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

2. Cement – Pc ……25%

6. Plant & Machinery Spares Pp .................................. 10%

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

bill subject to a maximum of 5% of final contract price.

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

completion of works (1/2000)th of the Initial contract

price, rounded off to the nearest Thousand,

per day. For sectional Completion

(wherever specified In item 6 of Contract

data) (1/2000)th of initial contract price for

5 km Section, rounded off to the near est

thousand per day.

27. Maximum limit of liquidated damages 10 percent of the Initial {CL. 49}

For delay in completion work Contract Price rounded off to

the nearest thousand

28. Amount of Bonus for early completion Amount of bonus for early

completion of work shall be given as per

CL.50 of Section-3

29. Maximum limit of bonus for early 5 percent of the Contract {CL. 50}

Completion of work Price

30. The amount of the advance payment are: {CL. 51 & 52}

Nature of Advances Amount (Rs.) Conditions to Be

i Mobilization 10% of the contract On submission of unconditional Price

Bank Guarantee. (to be drawn

before the end of 20% of the contract

period). The contractor may furnish

four bank guarantees of 2.5 % of each

valid for the full period.

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

depreciated value for old (provided the Engineer is satisfied That

equipment. Total amount will the equipment is required for

equipment. Total amount will the equipment is required for

be subject to a maximum of performance of the contract) and on

5% of the Contract Price submission of unconditional Bank

amount of advance

iii Secured Deleted

Non-persish able

material Brought

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

the above conditions).

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

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

certified by the Engineer under the Contract. Deduction shall commence in the next Interim

Payment Certificate following that in which the

total of all such payments to the Contractor has reached not less than 20 percent of the

Contract Price or 6 (six) months from the date of payment of first installment of advance,

whichever period concludes earlier, and shall be made at the rate of 20 percent (collectively

for both Mobilization Advance and Equipment Advance) of the amounts of all Interim

Payment Certificate until such time as the loan has been repaid, always provided that the loan

shall be completely repaid prior to the expiry of the original time for completion pursuant to

33. The securities shall be for the following minimum amounts equivalent {CL. 52} As a

percentage of the Contract Price:

Performance Security for 5 percent of contract price plus Rs. …………….. (to be decided after

evaluation of the bid) as additional security in terms of ITB Clause

The standard form of Performance security acceptable to the Employer shall be an

unconditional Bank Guarantee of the type as presented in Section 8 of the Bidding

34. The Schedule of Operating and maintenance Manuals…..N/A. {CL. 58}

35. The date by which “as– built” drawings (in scale as directed) in 2 sets {CL. 58} are required

within 28 days of the issue of certificate of completion of the whole or section of the work, as

the case may be.

36. The amount to be withheld for failing to supply “as built” drawings {CL. 58} by the Date

required is ______________.

37. The following events shall also be fundamentals breach of contract: {CL.59.2} “The

Contractor has contravened Sub- clause 7.1 and Clause 9 of GCC”

38. The percentage to apply the value of the work not completed representing {Cl 60} the

Employer’s additional cost for completing the Works shall be 20 per cent.

TECHNICAL SPECIFICATION

Specification Compliance Clause

In the event of any discrepancy or dispute, the applicable standards outlined in the PWD / R&B / GWSSB Standard

Manual of Specification shall prevail.

The contractor is strictly bound to execute the work in full compliance with the specifications prescribed in the

relevant manuals issued by the Central and State Government. Any deviation from these standards shall be

subject to regulatory review, and necessary actions shall be taken as per the governing contractual and legal

Description of the Works:

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

conformity with the conditions of Contract, specification, drawings, Bill of Quantities and

Addenda for the sum (s) of

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

possible after the receipt of the Engineer’s notice to commence, and to complete the

whole of the Works in the Contact within the time stated in the document.

3. We agree to abide by this Bid for the period of 180 Days from the date fixed for receiving

the same, and it shall remain binding upon it and may be accepted at any time before the

expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid, together with

your written acceptance thereof, shall constitute a binding contract between us.

5. We understand that you are not bound to accept the lowest or any tender you may

------- duly authorized to sign bids for and on behalf of -----------------------------------

(in block capitals or typed)

Vendor list as per approved by government or as per

instruction given by engineer in charge

BILL OF QUANTITIES

BILL OF QUANTITIES

Percentage Rate Tender (Up to INR 50 Cr.)

AS PER SCHEDULE B

I/We am/are willing to carry out the work at… ........................ % above/below percent(Should

be written in figures and words) of the estimated rate mentioned above. Amount of my /our

tender works out as under.

Estimated amount put to tender Estimated amount put to tender

Deduct………% below Add………% Above

In words In words

(A) For Item Rate Tender (For above INR 50 Cr.):

Item Description of Item (with Quantity Unit Rate Amount

No brief specification and

reference to book of

specifications) figures Words

(A) Total Tendered Amount Rs:-

(B) Rebate on above tendered amount (if any) % (in figure) ……………………………… (in

(C)Net Tendered Amount (A-B) (in figure) ………………………………

1 The Contractor shall exhibit a board with detailed specification and details of work as directed by the

Engineer-In-Charge for which no extra payment shall be made.

2 The labour cess will be deducted as per prevailing rules i.e. 1% of the work done.

3 GST and Income tax TDS will be deducted at a source while making payments of bills

4 In all R.C.C. Items in Rate Analysis Standard Cement Consumption has been taken as per Govt. G.R.:

PRC-10/2017 Cement Consumption/16/C Date:11/05/2017 as stated in

S.O.R. therefore in R.C.C. items where there is a change as per actual mix design the cost

of difference of cement consumption have been deducted from the rate of original item at the rate of

input rate mentioned in all the tender.

5 TPI & PMC Charges will be deducted from the Contractor’s each RA Bill up to 3% Maximum.

6 Bidder has to quote rates without GST, GST will be applicable extra on tender rate.

Consulting Civil Engineer City Engineer

Dharmesh Deshani OPC Pvt Ltd Nadiad Municipal Corporation

Ahmedabad Nadiad

Deputy Municipal Commissioner

Nadiad Municipal Corporation

1. Name of work: BID DOCUMENT FOR ANNUAL RATE CONTRACT FOR DIFFERENT TYPE OF RAIN WATER

HARVESTING STRUCTURE UNDER JAL SANCHAY JAN BHAGIDARI SCHEME FOR NADIAD MUNICIPAL

CORPORATION - NADIAD., NADIAD

2. The bidder shall quote his firm and fixed price for the entire work under this Contract, defined in more

details in various sections of this bid document.

3. The rates and prices shall be submitted in the electronic formats given by n-procure which is

called Schedule-B, rates and prices received in any other formats will be rejected and the

bids will be disqualified.

4. It will be entirely at the discretion of the employer to accept or reject the bidder’s proposal,

without giving any reasons whatsoever and the bidder shall not be permitted to withdraw his

bid on this account.

for against each item.

only will be considered for comparison and evaluation.

8. The total shall be carried forward to Schedule-B for comparison and evaluation.

9. Wherever for a particular item the quantities have been specified payment shall be on unit

rate basis and unit variation in quantity will be paid with pro rata basis.

10. The work shall be executed strictly in accordance with the approved drawings, specifications,

and relevant standards set forth by the PWD / R&B / GWSSB / MoRTH (Ministry of Road

Transport & Highways) or any other applicable government authority.

transportation, loading, unloading, testing, wastage, tools, and equipment required for

12. Proper curing, expansion joints, and finishing shall be ensured as per the standard

specifications. Field and laboratory tests, including cube testing, slump tests, and surface

regularity checks, shall be conducted as per relevant IS codes.

13. Proper arrangements shall be made for protection of existing utilities (such as water supply,

sewerage, telecom, and electrical lines). Adequate traffic diversion, barricading, signage, and

night reflectors shall be provided for public safety. All safety measures for workers and the

public shall be ensured as per IRC and OSHA standards.

14. Proper Curing work required as per the instruction given by engineer in charge. According to

the IRC: 84-1983 Code of Practice for Curing of Cement Concrete Pavements, proper curing

of RCC roads involves maintaining adequate moisture and temperature conditions to ensure

the concrete achieves its desired strength and durability. This typically includes methods

such as water curing, where the concrete surface is kept continuously moist for a specified

period, often by ponding or using wet coverings like burlap. Alternatively, membrane curing

compounds can be applied to seal in moisture. The specific duration and method of curing

should be in accordance with the guidelines provided in the IRC code to ensure optimal

performance of the concrete pavement

15. Each item is to be individually priced online and the amounts shall be added up to arrive at

except where the item description requires the item to be priced on "as applicable” basis.

The item shall not be priced if it is “not applicable” to the bidder’s design, in which case the

bidder shall add the words “Not Applicable”. The wording in the item description is for

subject matter guidance only; clause references are indicative only and all other relevant

clauses shall also be referred to.

The prices shall allow for all the works covered under the bid digitized asset mapping and all

liabilities and contractual obligations whether separately specified or not. Items against

which no prices are quoted shall not be separately paid for and the bidder shall be deemed

to have covered the cost of execution of such items (according to the requirements of the

bid document) in the prices quoted for other items.

BID FORM (WITH PRICE)

Bidders are required to fill up all the blank spaces in this Bid Form.

DEPUTY MUNICIPAL COMMISSIONER

NADIAD MUNICIPAL CORPORATION

Sub: BID DOCUMENT FOR ANNUAL RATE CONTRACT FOR DIFFERENT TYPE OF RAIN WATER

HARVESTING STRUCTURE UNDER JAL SANCHAY JAN BHAGIDARI SCHEME FOR NADIAD MUNICIPAL

CORPORATION - NADIAD., NADIAD

1. Having visited the site and examined the Bid Documents, Drawings, Conditions of Contract,

including Addenda / Amendments to the above, for the execution of the above Contract, we

the undersigned offer to Design, Engineer, Procure, Construct, Complete, Commission, and

Run the whole of the said works for 12 (twelve) Months from the date of commissioning

including defects liability period as given in Conditions of Contract and in conformity with the

Schedules, Annexure, Bidding Documents, including Addenda Nos.____________________

(insert numbers) for Lump sum fixed price of

___________________________________) for Construction or such other sum as may be

ascertained in accordance with the conditions.

2. I / We agree that;

(a) If we fail to provide required facilities to the Employer’s representative or any other

person / Agency by the Employer to perform on his behalf for carrying out the inspection

and testing of materials and workmanship.

(b) If we incorporate into the Works, materials before they are tested and approved by the

Engineer’s representative

(c) If we fail to deliver pure water of required quantity according to the conditions /

stipulations of the Contract, the Engineer will be at liberty to take any action including

termination of Contract and impose at his absolute discretion any penalties, and / or

reject the work.

3. We undertake, if our Bid is accepted, to complete and deliver the works in accordance with

the Contract within 12 Months, inclusive of monsoons, from the date or receipt of Letter of

Acceptance issued to us by you.

4. We agree to abide by this Bid for a period of 180 days from the last date of submission of bid

and it shall remain binding upon us and may be accepted at any time before the expiry of

5. In the event of our Bid being accepted, we agree to enter into a formal Contract Agreement

with you incorporating the conditions of Contract thereto annexed but until such agreement

is prepared this Bid together with your written acceptance thereof shall constitute a binding

Contract between us.

6. We agree, if our Bid is accepted, to furnish performance Security in the forms and of value

specified in the General Conditions of Contract.

7. We have independently considered the amounts of liquidated damages shown in Appendix

to Bid and agree that they represent a fair estimate of the damages likely to be suffered by

you in the event of the work not being completed by us in time.

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

(Name of the person)

(In the capacity of)

Duly authorized to sign Bid for and on behalf of

Schedule of Payment

 The rates and prices shall be submitted in the electronic formats given by n-procure which is called Schedule-

B. Rates and prices received in any other formats will be rejected and the Bids will be disqualified.

considered for price evaluation & shall form a part of the Contract Agreement.

 The bidder shall interpret the data furnished and carry out any additional survey work, investigation work

(S.B.C) or structure design required at his own cost.

 The rates quoted shall be exclusive of GST and inclusive of all other taxes, duties which shall not be paid extra.

The TDS shall be deducted at source as per provision of IT rules and Policy.

 Payment shall be done as per actual measurements on site after verified by engineer/Corporation.

Sr. No. Description of Items Percentage Payment to be released

1 CIVIL ITEM On pro rata basis

Note: Payment will be released after certification of quantities recorded in the measurement book by EIC.

1. As mentioned in the Conditions of contract, the Contract being a lump sum type turnkey Contract on EPC

basis, the provision of measurement will be applicable only for the assessment of value of work done for

inclusion in any interim certificate for part payment to the Contractor.

2. The Schedule specifies the procedure for all such assessment of the items specified in Schedule B.

3. Each item of Schedule-B has been divided into broad components. The Employer's Representative shall

assess the value of each component as indicated in paragraph 6 herein below.

4. Percentages are indicated against each component of each item specified in Schedule B, based on the

Employer's best appreciation of the value of the component as related to the total costs of the concerned

item as whole. A head titled (any other item(s)) is included in each breakdown of schedule and the

tenderer shall at the time of tendering indicate any additional items which he considers necessary but

cannot be covered by any of the heads indicated in the breakup.

5. The percentage breakup as indicated in the Schedule may differ from that corresponding to the

tenderer’s scheme and design and he should take this into account while quoting his lump sum prices for

the items specified in Schedule-B.

6. The contractor shall, after approval of his detailed designs and drawings furnish to the Employer's

Representative an initial bill of quantities to all major items, to be reviewed and updated periodically with

the Employer's Representative. This bill of quantities will be used for assessment of percentage progress

of the component at any stage. By measurement jointly taken by the Employer's Representative and the

Contractor, mutually agreed and entered in the measurement books in the form and by the method

approved by the Employer's Representative, and signed jointly by both the parties.

7. Priority of work shall be decided in consultation with officials of Municipality and PMC before starting

/planning of work and the same shall be followed.

8. The contractor shall submit the General Arrangement Drawing (GAD) within seven (7) days from the

date of issue of the Work Order for approval by the Engineer-in-Charge. Before commencing any work at

site, the contractor must submit and obtain approval for the Actual Soil Bearing Capacity (SBC) report,

Structural Design, Electrical Design, Plumbing Design, and all other related designs and drawings

necessary for the safe and proper execution of the work. All designs shall be prepared and certified by

qualified professionals in their respective disciplines and shall conform to relevant standards and codes.

No work shall be started at site without prior approval of all these documents by the competent

authority or Engineer-in-Charge, failing which the work may be suspended and suitable action may be

taken as per contract provisions.

G. SCHEDULE FOR TESTING OF MATERIALS

For ensuring quality control and workmanship, various tests prescribed below for materials

shall Be taken at periodical intervals as stipulated below.

Sr. Brief Description Qty. of Total No. of

No. of Materials to be Materi Prescription of test which Frequency @ which test Test 'to

tested Als shall be carried shall be carried out Be taken.

25 to 90 H. B.Metal - Gradation Test 1 to 100 Cmt. - 1 Test

40 to 63 H. B.Metal - Impact Value 100 to 500 Cmt. - 3 Test

40 to 50 M. C.Metal - Flakiness Index 500 to 1500 Cmt. - 5 Test

20 to 50 M. C.Metal - Water absorption test 1500 to 5000 Cmt. - 7 Test

Kapachi - Sp. gravity

2 Grit - Stripping Value,

gradation, Water One test per work

absorption, Sp. Gravity

3 Murrum - P. I. Value One test per work

4 Quarry spall - C.B.R. One test per work

5 Asphalt - Penetration Test as per Tanker Test

Remaining every

- Ductility Test tank

- Specification Gravity As per I.S.

Test As per I.S.

- Softening point Test

- Viscosity Test As per I.S.

6 Tack Coat - Binder temperature

for application Irregular close in intervals

Two test per day.

- Rate of spread of binder

7 Carpet & Seal coat - Grading One test on individual

mix - temperature of binder in constituents

boiler, aggregates in the and mixed aggregates

dryer and mix at the from the

time of laying and dryer for each 100 tons of

rolling (Binder content mix subject to minimum

vide 45 IMD 2172) Rate of Two tests per plant

of Spreaded mix per day. One Test for

materials. each 100tons of mix

subjects to mini. of Two

- Rate of Spreaded mix per dayplant. Regular

materials control through checks

on layer thickness.

- Water absorption

8 Bricks - Effloresce 1 Test @ 50,000 Bricks

- Compressive Strength

9 Cement Consistency 1 Test / 50 M.T.

- Compressive Strength 2 Tests / 100 M.T.

- Initial & Final setting 3 Tests / 200 M.T.

- Fineness 4 Tests / 400 M.T.

- Soundness 5 Tests / 500 M.T.

Sr. Brief Description Qty. of Total No. of

No. of Materials to be Materi Prescription of test which Frequency @ which test Test 'to

tested Als shall be carried shall be carried out Be taken.

- Specific Gravity 6 Tests / 800 M.T.

- Chemical analysis 7 Tests / 1300 M.T.

And 8 test for larger

10 Steel - Tensile strength consignment

1 Test / 40 M.T.

(TMT / M.S.) - Yield Stress 1 Test/ 40 M.T.

- Elongation 1 Test / 40 M.T.

- Size 1 Test / 40 M.T.

- Bend 1 Test / 20 M.T.

- Rebend 1 Test / 20 M.T.

11 C.C. Cube - Compressive Strength 1 to 5 C.mt. -1 Set

in M-150 6 to 15 C.mt. 2 Sets

M-200, 16 to 30 C.mt. - 3 Sets

M-250, 31 to 50 C.mt. - 4 Sets

M-300, 51 above - 4 + One

M-350 additional sample for each

Grade 50 C.mt. / or part thereof

12 Coarse Sand C.B.R., silt content, sieve

analysis One Test per work

13 Sand (For - Specific Gravity

concrete work) - Alkali Reactivity 2 Tests per season or

- Petrography Exa. change of river

- Water absorption test

14 Crushed stone - Gradation

Aggregate (For - Water absorption 1 Sample / 150 Cum. or

concrete work) - Impact Value Sample / Season each

- Abrasion Value source.

- Soundness Test

15 Water for all item - Portability One sample for each

pertaining to - Salinity source of supply

water - Chemical analysis

16 Earthwork for - Sand content

Embankment - Atterberg's limit 2 Test / 8000 Cum

- Density test 2 Test / 8000 Cum

- Moisture content 2 Test / 8000 Cum

- C.B.R. 1 Test / 250 Cum.

17 Cement concrete - Mix design One time test for each

concrete grade beyond

18 Geotechnical - Soil Bearing Capacity One test for Structure

Investigation Design

Up to 10mtr. Depth

The number of tests will be as per Manual of Quality Control or latest Govt. G.R. I Circulars will be final.

The contractor shall have to pay 1 % of the estimate cost put to tender towards all testing of materials & the same

shall be deducted Iron their bills for the works. The testing of various materials shall be carried out in GER 1 and

result recieved shall be binding to all i.e. the contractor and Govt.

Testing charges of GERI shall be born by Govt. No refund be made nor extra charges over 1% shall be recoverable

from the contractor

The bidder shall perform any additional tests required by the Corporation, other than those already mentioned, at

LIST OF REGISTERS TO BE MAINTAINED AT SITE

FOLLOWING DOCUMENTS/REGISTERS TO BE MAINTAINED AT SITE FOR ENSURING PROPER QUALITY CONTROL OF

WORK IN PROGRESS.

1. A complete set of Contract Documents

2. A Complete set of drawings (tender drawings and Good for Execution Drawings)

3. A complete set of change in specification or scope if any and approval thereof.

4. Master Test Register for

Material for field Test.

ii) Lab/Field Test.

5. Register for bricks testing. Lab/Field

6. Concrete Pouring Card

7. Bitumen Test Register

8. Paint Register

9. Empty Bags of Cement Shall Be Deposited on Monthly Basis at Store of

Municipal Coorporation And Same Shall Be Recorded in Store Register for Cement.

10. Register for approval of samples for various materials.

11. Site Order Book.

12. Register showing defects noticed during execution of work and compliance reports.

13. Hindrance Register

Vendor List for Tender work

SCHEDULE OF APPROVED MAKES/MANUFACTURER'S OF MATERIALS:

The following guidelines are to be noted regarding use of materials in the work:

1. As far as possible, materials bearing "Standard Mark (ISI)" from Bureau of Indian Standard

(BIS) shall be used in the work.

2. Wherever, materials bearing Standard Mark (ISI) are used in the work, the following shall be

i) The supplier has a valid license form BIS during the period the material is being used in

ii) The Contractor should maintain furnish necessary documents and proof of payments

made for the procurement of materials bearing Standard Mark (ISI).

3. Mandatory Tests shall be conducted at the specified frequency specified in the Contract. In

case, frequency of testing is not stipulated in the contract then standard specification (CPWD,

ISI etc.) may be considered for frequency at which materials are to be tested.

4. Before bulk purchase of quantities of materials, it is the responsibility of the Contractor to get

the samples of materials approved from consultant and EIC. EIC reserves the right to engage

Third Party Consultant for verify the material and QAP standards.

5. All cost towards the testing shall be borne by the contractor.

6. The latest approved Vendor list for the Civil/Mechanical/Electrical/Instrumentation and other

equipment mentioned in GWSSB is applicable for this contract. Approval of any other make of the

same material or additional items shall be put up for approval by tendering authority.

Reference: official website assist http://www.gwssb.gujarat.gov.in.

SECURITIES AND OTHER FORMS

BID SECURITY (BANK GUARANTEE)

WHEREAS, ---------------------------------------- (name of Bidder) (hereinafter called the “The

Bidder”) has submitted his bid Dated ------------------------ (Date) for the construction of -----

-------- (Name of Contractor hereinafter called “the Bid”)

KNOW ALL PEOPLE by these presents that We -------------------------------------------------

(name of Bank) of --------------------------------------------------- (name of country) having our

registered office at -------------------------------------------------------( hereinafter called

“the bank”) are bound unto --------------------------------------------(name of Employer)

(hereinafter called “The Employer”) in the sum of -------------------------------------------------

for which payment well and truly to be made to the said Employer the Bank itself, his

successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ---------------------- day of ---------------20

THE CONDITIONS of these obligations are:

(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity

specified in the Form of Bid;

(2) If the Bidder has been notified of the acceptance of his bid by the Employer

during the period of Bid Validity:

A Fails or refuses to execute the Form of Agreement in accordance with the

Instructions to Bidders, if required; or

B. Fails or refuse to furnish the Performance Security, in accordance with the

Instructions to Bidders; or

C. does not accept the correction of the Bid Price pursuant to Clause

(Correction of Errors)

We undertake to pay to the Employer up to the above amount upon

receipt of his first written demand, without the employer having to substantiate his

demand, provided that in his demand the Employer will note that the amount

claimed by him is due to him owing to the occurrence of one or any of the three

conditions, specifying the occurred conditions or conditions.

This Guarantee will remain in force up to and including the date --------------------------

days after the deadline for submission of Bids as such the deadline is stated in the

Instructions to Bidders or as it may be extended by the Employer, notice of which

extension (s) to the Bank is hereby waived. Any demand in respect of this guarantee

should reach the Bank not later than the above date

(Signature, name and address)

The Bidder should insert the amount of the guarantee in words and figures

denominated in Indian Rupees. This figure should be the same as shown in Clause

16.1(Bid Security) of the Instructions to Bidders.

45 days after the end of the validity period of the Bid. Date should be inserted by the

Employer before the Bidding documents are issued.

PERFORMANCE SECURITY

contractor) (hereafter called “the Contractor”) has undertaken, in pursuance of

--------- (name of Contract and brief description of Works) (hereinafter called “The

AND WHEREAS it has been stipulated by you in the said Contract that the

Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum

specified therein as security for compliance with his obligation in accordance with the

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you on

behalf of the Contractor, u p to a total of ------------------------------------------

(amount of guarantee) ---------------------------------- (in words), such sum being payable in

types and proportions of currencies in which the Contract prices is payable, and we

undertake to pay you, upon your first written demand and without cavil or argument, any

sum or sums within the limits of ---------------------------------------- (amount of guarantee) as

aforesaid without your needing to prove or to show grounds or reasons for your demand

for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the contractor

before presenting is with the demand.

We further agree that no change or addition to or other modification of the terms of the

Contract to of the Works to be performed thereunder or of any of the Contract

documents which may be made between your and the Contractor shall in any way release

us from any liability under this guarantee, and we hereby waive notice of any such charge,

addition or modifications.

This guarantee shall be valid until 60 days from the date of expiring of the Defect

Liabilities period.

Signature and Seal of the guarantor ----------------------------- Name

An amount shall be inserted by the Guarantor, representing the percentage the Contract

price specified in the Contract denominated in Indian Rupees.

ADDITIONAL PERFORMANCE SECURITY

[Clause 34.1. (A)]

contractor) (hereafter called “The Contractor”) has undertaken, in pursuance of

--------- (Name of Contract and brief description of Works) (hereinafter called “The

AND WHEREAS it has been stipulated by you in the said Contract that the

Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum

specified therein as security for compliance with his obligation in accordance with the

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you on

behalf of the Contractor, up to a total of ------------------------------------------

(amount of guarantee) --------------------------------- (in words), such sum being payable in

types and proportions of currencies in which the Contract prices is payable, and we

undertake to pay you, upon your first written demand and without cavil or argument, any

sum or sums within the limits of ---------------------------------------- (amount of guarantee) as

aforesaid without your needing to prove or to show grounds or reasons for your demand

for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the contractor

before presenting is with the demand

We further agree that no change or addition to or other modification of the terms of the

Contract to of the Works to be performed thereunder or of any of the Contract

documents which may be made between your and the Contractor shall in any way release

us from any liability under this guarantee, and we hereby waive notice of any such charge,

addition or modifications.

This guarantee shall be valid until 28 days from the project completion date.

Signature and Seal of the guarantor ----------------------------- Name