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Tender Value
₹28.8 L
EMD Value
₹29,000
Closing Date
13 Mar 2026, 6:30 pmClosed
Similar tender results from the same govt authority in the past 3 years.
chief officer rajpipla municipality
Roof works of Rajpipla Nagarpalika Office on Heritage Theme, Dist- Narmada
283030
01/202526
Open
Civil Works
Narmada
14 documents required · 14 mandatory
₹2,832
Yes
chief officer rajpipla nagarpalika
₹29,000
Yes
5 Mar 2026
5 Mar 2026
5 Mar 2026
13 Mar 2026
5 Mar 2026
Name of Work: - Tender Document for
‘roof works of Rajpipla nagarpalika office on
heritage theme,Rajpipla’
Rajpipla municipality
Web Site: https://tender.nprocure.com
Name of Work: BID DOCUMENTS FOR " roof works of Rajpipla nagarpalika
office on heritage theme,Rajpipla’”
1 Department Name Rajpipla Nagarpalika
2 Tender Type Engineering Procurement and Construction (EPC)
3 Tender Notice No 01/2025-26
4 Name of Project: Roof works of Rajpipla nagarpalika
office on heritage theme,Rajpipla’
BID DOCUMENTS FOR roof works of Rajpipla
5 Name of Work: nagarpalika office on heritage
theme,Rajpipla’
Estimated Contract Value
6 (Construction Cost ) excluding GST
Upto 10 Cr - 12 Months
Above 10Cr and upto 25 Cr - 18 Months
Period of completion of work Above 25Cr and upto 100Cr - 24 Months
(In Months) Above 100 Cr - 30 Months
Time period includes Monsoon and Trial Run (minimum of 3 months
8 Period of O & M (in Years) 3 (Three) Years Defect Liability Period from the date of certification
of work completion
9 Bidding Type Two Bid System
10 Bid Call (Nos.)
11 Tender Currency Type Single
12 Tender Currency Settings Indian Rupee (INR)
13 Joint Venture Not Applicable
14 Defect Liability Period Duration of 3 Year after certification of work completion
For Project Cost – Tender Fee (Non-Refundable)
(Minimum Tender Fee )
Above 1.0 Cr and upto 3.0 Cr - Rs. 4,248/- (3,600/-+ 18% GST)
Bid Document Fee / Bid Above 3.0 Cr and upto 5.0 Cr - Rs. 7,080/- (6,000/- + 18% GST)
15 Processing Fees / Tender Above 5.0 Cr and upto 10.0 Cr - Rs. 14,160/- (12,000/- + 18% GST)
Fee: Above 10.0 Cr and upto 25.0 Cr - Rs. 21,240/- (18,000/- + 18%
16 Bid Document Fee Payable CHIEF OFFICER,Rajpipla municipality
Bid Security/EMD/Proposal
17 Rs. 29,000.00/- (Rupees in words twenty nine thousand Only)
Security (INR):
Bid Security / EMD In Favour CHIEF OFFICER,Rajpipla municipality
19 Security Deposit As per Contract Data
Tender Dates All Dates are in dd/mm/yyyy, hr: min as per Indian Standard Time
Bid Document Downloading
20 05/03/202610:00 Hrs onwards
To be conducted at convenience of Contractor before the
submission of the Bid
21 Contact Number
Contact Address for Site Visit CHIEF OFFICER, Rajpipla municipality
Pre-Bid Meeting na
Address for pre-bid meeting na
Bid Document Downloading
Last Date & Time for Online
Receipt of Bids
Physical Submission of
documents last Date & Time
26 Bid Opening Date
27 Bid Validity Period 180 Days from the last date of submission of bid.
Instrument of tender fee & EMD shall be submitted in electronic
format only through online (By scanning while uploading the bid).
This submission shall mean that Tender Fee and EMD are received
for purpose of opening the bid. Accordingly offer of only those who
shall be opened whose tender fee and EMD is received
electronically. However, for the purpose of realization of instrument
Physical submission of of tender fee & EMD, bidder shall send the same in original through
28 Tender Fee, and Earnest RPAD/ Speed Post so as to reach to "chief officer Rajpipla
Money Deposit municipality” Gujarat," as mentioned in point no. 24 above, during
office hours. For not submitting DD/FDR/BG in original, bidder shall
be banned to participate in any tender of Nagarpalika for period of
3 years as a penal action.
Any document in supporting to tender bid shall be submitted in
electronic format only through online (by scanning etc.) and
submission only in hard copy will not be accepted separately.
1. Tender fee, Earnest money deposit, PAN Card shall be
uploaded online only.
2. Tender Fee (Document fee) amounting to Rs. 2,832/-
(2,400/- + 18% GST in favour of “ CHIEF
29 Payments details OFFICER,Rajpipla municiplaity in form of Demand Draft shall
be issued by any nationalized bank or as per list mentioned in
latest GR of Finance Department
3. Earnest money Deposit amounting to Rs. 29,000.00/- (… )(1%
estimated tender cost) in form of FDR or Bank Guarantee in
favour of CHIEF OFFICER,
Rajpipla municipality”, valid up to 28 days from the date of closure
of the bid validity period of 180 days i.e. (180 days + 28 days=208
days), shall be issued by any nationalized bank or as per list
mentioned in latest GR of Finance Department (Enclosed).
CHIEF OFFICER,Rajpipla municipality
30 Officer Inviting Bids:
31 Bid Opening Authority: CHIEF OFFICER, Rajpipla municipality,rajpipla
32 Address: CHIEF OFFICER, Rajpipla municipality,rajpipla
Contact Details of Officer
The following documents shall be uploaded while submitting the
• Scanned copy of Demand Draft as Tender Fee
• Scanned copy of FDR or BG as EMD
• Scanned copy of Contractor’s registration certificate of
with value of work
Upto 1.0 Cr – Class D (minimum class)
Above 1.0 Cr and upto 1.5 Cr - Class C
Above 1.5 Cr and upto 3.0 Cr - Class B
Above 3.0 Cr and upto 7.0 Cr - Class A
Above 7.0 Cr – No limit – Class AA
The Contractor shall be duly registered in accordance with the
registration requirements prescribed by the Government of
Gujarat (Roads & Buildings Department / Water Resources
Department) for the appropriate class of contractor.
Contractors who are presently registered with CPWD,
Indian Railways, or any other State Government
34 Submission of tender Department, or who are registered with Boards,
Corporations, Government Undertakings, Bodies, or
Organizations of State or Central Governments, including
all Public Sector Units (PSUs), in categories equivalent to
Class “AA/ A / B / C / D” or Class-I/II… (or such other
corresponding classifications), and who otherwise meet
the eligibility criteria specified in the tender documents,
shall be considered eligible, subject to compliance with
the following conditions:
Such Contractors shall apply for registration in the
appropriate “AA / A / B / C / D” class with the
Government of Gujarat (R&B / WRD) on or before the
last date of submission of the tender documents.
The Contractor shall further ensure that final
registration in the applicable “AA / A / B / C / D” class
with the Government of Gujarat (R&B / WRD) is obtained
prior to the date of finalization and issue of the Work
Proof of submission of application for registration in
the relevant “AA / A / B / C / D” class shall be uploaded
along with the tender documents, failing which the bid
shall be liable to be rejected and shall not be considered
for evaluation.
Scanned copy of Bidder’s solvency certificate. (Minimum
Rs. ₹ 5,80,000.00 of current calendar Year i.e. 2026) –
(calculated to 20% of the estimated tender cost)
• Scanned copy of GSTIN
• Scanned copy of PAN card
• Scanned copies of Experience certificates showing
successful completion of work (certified by client)
• Scan copies of financial documents.
In addition to the documents mentioned above, the documents
required as per attached Forms & Annexure are also to be
uploaded. Bidder shall submit their offer i.e., technical bid as well as
price bid in electronic format on stipulated website & date as
mentioned in the tender document. No offer in physical form will be
If any uploaded scanned submissions do not open, then such
documents shall not be considered as “submitted”. And such
unopen able docs shall be treated as “Not submitted” and shall
not be taken into consideration for evaluation.
General Terms &
34 As Per Tender Document
35 Mode of Quoting Rates …percentage rate , in words and figures at the end of Schedule-B.
CHIEF OFFICER,Rajpipla municipality
Sr. No Section Description Page No
Invitation for Bid (IFB)
1 Section -1 Instructions to Bidders
2 Section -2 Qualification Information
3 Section -3 Conditions of Contract
4 Section -4 Contract Data
5 Section -5 Technical Specification
6 Section -6 Form of Bid
7 Section -7 Bill of Quantities
8 Section -8 Securities and Other Forms
9 Section -9 Drawings
10 Documents to be furnished by Bidder /
Qualification criteria
11 Section -11 Special Condition
INVITATION FOR BID
NATIONAL COMPETITIVE BIDDING
1. The CHIEF OFFICER Rajpipla municipality invites bids for the
construction of works detailed in the table. The bidders may submit bids for any or all of
the following works.
NOTICE INVITING TENDER
Pack Name of work Approximate Bid security Cost of Period of Class of
age value of works (Rs.) document completion Registration
BID DOCUMENTS FOR “roof
works of Rajpipla
nagarpalika office on
heritage theme,Rajpipla’
2,832.00/- Months Class
2. Prospective / Interested bidder may download the Bid Documents from website
https://tender.nprocure.com free of cost till the Time and Date as mentioned on online NIT
at website https://tender.nprocure.com.
3. However, Bidder who is submitting Bid Online will have to pay the Bid Document Fee/ Tender
Fee through Demand Draft only of any Schedule Bank payable at (RAJPIPLA
MUNICIPALITY) and in favour of ‘ CHIEF OFFICER,RAJPIPLA MUNICIPALITY’.
Once the Bid is received online, Bid Document / Tender Fee will not be refundable.
The Demand Draft for Bid Document / Tender fee and FDR / Bank Guarantee against Bid
Security / EMD shall be submitted in electronic format through online (by scanning) while
uploading the bid, this submission shall mean that bid document / tender fee and Bid
Security / EMD has been received. Accordingly, the offer of only those shall be 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 bidder
shall send the same in original through R.P.A.D. so as to reach CHIEF OFFICER, (RAJPIPLA
MUNICIPALITY)’ within 7 Days from the last day of bid submission.
Penalty action for not submitting Demand Draft / FDR / Bank Guarantee in original to CHIEF
OFFICER RAJPIPLA MUNICIPALITY Tender Inviting Authority by bidder shall be initiated. WRD
GR No. PRC-102014-1-MICell-K.1 Dated: 29/10/2014 & Dt.21/05/2022.
4. Bids received online, will be opened on the time, date and place as specified in the online
NIT at website https://tender.nprocure.com in the presence of the bidders or their
authorized representatives, who wish to remain present.
If the office happens to be closed on the day of opening of the bids as specified, the bids
will be opened on the next working day at the same time and venue.
5. A pre bid meeting will be held on NA at the office of CHIEF OFFICER,RAJPIPLA MUNICIPALITY 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 documents.
6. Bid Security (EMD) is equal to 1% of Estimated Amount put to bid / tender and should be
rounded off to the next thousand rupees.
7. Other Information is as under:
A. Agencies can prepare and edit their offers a number of times before the end of the tender
submission date and time. After the tender submission date and time, the bidder cannot
modify / edit / withdraw their submitted offer in any case. No written or online request
in this regard shall be granted.
B. Offers in physical form will not be accepted in any case.
C. Demand Draft purchased by the other than 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 project in the past, it shall
not be deemed to be a ground / reason for not giving required information for this work
L. Information supplied for earlier projects shall not be considered while evaluating this
bid. The Government will not ask for any other information, unless it is found necessary
by the competent authority.
M. If found necessary, the contractor will be intimated for negotiation,
8 For the works costing up to Rs. 7.5 crore (WRD Works), Rs. 7.0 crore (ROAD/ BRIDGE/
BUILDING WORKS), Rs. 0.5 Crore (Electrical Works) kindly refer to GoG NWRWS & K
Department’s Circular No. Paracha/1097/1397(11)/pa.fa./ MICELL(k-1) dated
For the works costing under Rs. 7.5 crore for Construction work of Water Resources
Department, Rs. 7.0 crore for Roads, Bridges and Building and Rs. 050 crore for Electrical
9. Following documents shall be submitted in electronic format only through online by
scanning and the
(i) Bid Document Fee / Tender Fee
(ii) Bid Security or EMD should be sent in original to the Tender opening authority
through RPAD, so as to reach the MUNICIPAL COMMISSIONER/ CHIEF OFFICER within
7 days from last day of submission of Bid.
(iii) Registration Certificate of appropriate class or Above class
(iv) Registration Certificate of Special Category - Road / Bridge / Building and
Category I / II / III, if required
(vi) Work Order and work Experience certificate (3A) certified by the authority
(vii) Other tender forms and Documents, as required for completion of the bid.
(viii) Valid Bank Solvency Certificate for the Current Calendar year
(ix) All other documents mentioned in the bid checklist and requirement of bid.
INSTRUCTIONS TO BIDDERS
Section1: Instructions to Bidders
Table of Clauses
Page No. Page No.
A. General D. Submission of Bids
1. Scope of Bid 19. Sealing & Marking of Bids
2. Source of Funds 20. Deadline for Submission of
3. Eligible Bidders 21. Late Bids
4. Qualification of the 22. Modification and
Bidder Withdrawal of Bid
5. One Bid per Bidder
6. Cost of Bidding E. Bid Opening and Evaluation
7. Site Visit 23. Bid Opening
B. Bidding Documents 25. Clarification of Financial
8. Content of Bidding 26. Examination of Bids and
Documents Determination of
9. Clarification of 27. Correction of Errors
Bidding Documents
10. Amendment of 28. Deleted
Bidding Documents
29. Evaluation and Comparison
of Financial Bids
C. Preparation of Bids 30. Deleted
11. Language of Bid
12. Documents F. Preparation of Bids
Comprising the Bid
13. Bid Prices 31. Award Criteria
14. Currencies of Bid 32. Employer’s Right to Accept
and Payment any Bid and to Reject any
15. Bid Validity 33. Notification of Award and
Signing of Agreement
16. Bid Security 34. Performance Security
17. Alternative 35. Advance Payment and
Proposals By Security
18. Format and Signing 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,’ along with
their respective derivatives (such as bidder/tenderer, bid/tender,
bidding/tendering), shall be construed as 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
work, and any of its affiliates, shall not be eligible to bid.
4. Qualification of the Bidder
4.1 All bidders shall provide in Section 2, Forms of Bid and Qualification Information,
a preliminary description of the proposed work method and schedule, including
drawings and charts, as necessary. The proposed methodology should include a
program of construction backed with equipment planning and deployment duly
supported with broad calculations and quality assurance procedures proposed to
be adopted justifying their capability of execution and completion of work as per
technical specifications, within stipulated period of completion.
4.5 Memorandum of Understanding (MoU) with qualified technology provider shall be
submitted on ₹300/- non judicial stamp paper duly notarized and signed by the
respective authorized representatives clearly stating the terms & conditions of the
MoU as per Tender Form. Such MOU should be valid up to Operation and
Maintenance period and it shall not be amended or modified without prior consent
from Employer during the period of performance of contract; Employer shall not
allow such change except for special reasons. The MoU should also form as part of
the contract agreement.
#4.5 PHYSICAL CRITERIA:
4.5.1 MINIMUM PRE- QUALIFICATION CRITERIA:
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:
List of Mandatory documents to be submitted
a. Registration
b. EMD / Bid Security /Tender Fee
c. Solvency Certificate
e. Bid Capacity
f. Document supporting similar nature of work & Financial and physical criteria.
a. Registration: As per Section: II, Instruction to Bidder, Clause
b. EMD/Bid Security and Tender Fees: As per tender notice.
4.5.2 TECHNICAL QUALIFICATION CRITERIA
4.5.2.1 Similar Nature of Work:
The bidder must have completed similar nature of work i.e., ‘Roof works of
Rajpipla nagarpalika office on heritage theme,Rajpipla’ within last Seven (7)
Financial Years i.e., from FY 2018-19 to FY 2024-25 and up to one month prior to last date
of submission of the bid having,
One similar completed work with capacity not less than 80% of
Two similar completed works with capacity not less than 50% of
Three similar completed works with capacity not less than 40% of
Note under 4.5.2.1:deleted
4.5.3 FINANCIAL QUALIFICATION CRITERIA
c. Solvency Certificate
The bidder shall submit a Bank Solvency Certificate indicating a minimum solvency value
of ₹ 20% of the estimated cost of work. The certificate must be issued in the current
calendar year (i.e., 2026) by a nationalized bank or a bank listed in the latest
Government Resolution (GR) of the Finance Department. The certificate must be printed
on the official letterhead of the issuing bank.
Bidder must have achieved minimum annual Financial Turnover (at current price level)
from contract receipt of works (in all classes of civil engineering construction works only)
50% of the estimated cost of work upto ₹ 100 Cr or
65% of estimated cost of work exceeding ₹ 100Cr
in any One (1) Financial Year out of last Five (5) Financial Years i.e. from FY 2020-21 to
D. Contractor should visit site and submit the certificate of visiting the site signed by
municipality representative.
Note: The details pertaining to turnover of last five financial years from FY 2020-21 to FY 2024-25
shall be certified by Chartered Accountant on his own letter head and duly attested.
e. Available Bid Capacity.
Applicants who meet the minimum qualification criteria will be qualified only if their
available bid capacity at the expected time of bidding is more than the total estimated
cost of the work. The available bid capacity will be calculated as below:
Assessed Available Bid Capacity=(A*N*2-B), where
A = Maximum value of work executed in any one year during the last Seven Years
(updated to the price level of the year indicated in appendix) taking into account
the completed as well as works in Progress.
B = Value at current price level of the existing commitments and ongoing works to be
completed during the next (……. year) (period of completion of work for which
bids are invited); and
Also, declaration of financial liabilities, work on hand / completed projects on Rs.300/-
non-Judicial stamp paper.
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 = Number of years prescribed for completion of the works for which the
bids are invited. (The value of N shall be considered as 1)
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
Nagarpalika shall be final and binding to all the Bidders.
4.5.4 Notes under Minimum Qualification Criteria
i. The statement showing the value and details of completed work, existing
commitments and ongoing work as well as the stipulated period of completion
remaining for each of the work listed should be certified and countersigned by the
officer not below the rank of an Executive Engineer.
ii. The certificate for past performance should be as prescribed Proforma in Section
iii. The Bidders are required to upload work order and latest client’s work
experience certificates (or in any format with yearly breakup) obtained from the
respective 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 Proforma as per Section 2 (or in any
format with yearly breakup).
iv. Physical and financial performance of any work not supported by client certificate
or in any form will not be considered for qualification.
v. The Bidder should furnish information about technical capability (similar nature of
work satisfying Technical Qualification Criteria clause 4.5.2. Bidders are required
to substantiate the information by submission of appropriate client certificates.
vi. The 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.
vii. Depending upon the actual bid capacity assessed and other qualifying
requirements, the bidder will be qualified for the work.
viii. 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 with the
declaration by the bidder.
ix. The criteria mentioned above shall be evaluated based on the details submitted
with the documents. Such bidder shall have to submit the details in the prescribed
Proforma which are applicable to them. Bidders should read the note under each
Form/Annexure carefully and submit the details accordingly.
x. Turnover of previous year shall be given additional weightage to bring them to FY
2025-26 Price level to account for price escalation as illustrated below:
Turnover at previous
Financial Year Turnover completed financial
year’s price level
2020-2021 (Base Year – 5yrs) F 1.61 x F
2021-2022 (Base Year – 4yrs) E 1.46 x E
2022-2023 (Base Year – 3yrs) D 1.33 x D
2023-2024 (Base Year – 2yrs) C 1.21 x C
2024-2025 (Base Year – 1yr) B 1.10 x B
2025-2026 (Base Year) A 1.00 x A
xi. Financial year means period beginning from the 1st April to 31st March of the next
xii. The details pertaining to Turnover from FY 2020-21 to FY 2024-25 and the details
pertaining to Net Cash Accrual, Net Worth and Net Working Capital for the from
FY 2020-21 to FY 2024-25 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.
xiii. The cost of material supplied by the Government/ Client shall not be taken into
account for experience against Turnover and Similar nature of work.
xiv. The work for which bidder has not entered into contract agreement will not be
xv. The above experience shall be completed within last Seven (7) Financial Years
i.e., FY 2018-19 to FY 2024-25 and up to one month prior to last date of submission
of the bid, for which Form -3A and 11 must be submitted.
xvi. Experience as sub-Contractor shall not be considered.
xvii. The work 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 is
equivalent to not below the rank of Executive Engineer. The experience of sublet
works shall not be considered.
xviii. All MOUs shall be on a Non judicial stamp paper of appropriate value duly
notarized and signed by respective authorized representatives.
xix. 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 Seven Years.
xx. The work for which bidder has not entered into contract agreement will not be
xxi. 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 work in joint venture is allocated as follows:
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. 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, the percentage participation calculated through payments
received shall be considered for evaluation purposes.
4.5.4.1 Bidder should fulfil the overall criteria mentioned under Clause
Qualification of the Bidder. If not fulfilled, he will be out rightly rejected.
4.5.5 Personnel Capabilities.
Availability for his work of personnel with adequate experience is required.
The Bidder must have adequate Technical Key staff for carrying out this contract
in accordance with approved work programme. Bidder should submit an
undertaking on ₹100 non-judicial stamp paper and notarized mentioning the
deployment of manpower based on the requirement as per the approved project
4.5.6 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.
The Bidder must have adequate Plant, Equipment & Machinery for carrying out
this contract in accordance with approved work programme. Bidder should submit
an undertaking on ₹100 non-judicial stamp paper and notarized mentioning the
deployment of machinery based on the requirement as per the approved project
4.5.7 Financial Position
4.5.8 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
4.5.9 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 applicant.
4.5.10 Disqualification
Even though the applicants meet the above criteria, they are subject to be
disqualified if they have:
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.
4.5.11 The bidder who has applied for corporate Debt Restructuring (CDR) / facing
recovery proceedings from financial institutions / facing winding up processing /
those under BIFR in the last 5 financial year shall be considered for bid qualification.
However, if the bank / financial institution has accepted the proposal of debt
restructuring on or before the last date of online submission, the same shall be
considered for further evaluation. An affidavit by bidder along with certificate from
bank must be produced in such cases. In case of Joint Venture agreement, this
provision shall be applicable for both lead partner and JV partner.
#4.6 JOINT VENTURE: Not Applicable
4.8 Even though the bidders meet the above qualifying criteria, they are subject to
be disqualified if they have:
- Made misleading or false representation in the forms, statements and
Attachments the submitted in proof the qualification requirements; and /
- 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
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 surroundings and obtain all information that
may be necessary for preparing the Bid and entering into a contract for
construction of the Works.
The costs of visiting the site shall be at Bidder’s own expense.
Signature of Contractor CHIEF OFFICER Rajpipla municipality,
B. BIDDING DOCUMENTS
8 Content of Bidding Documents
8.1 The set of bidding documents comprises the documents listed below, and
addenda issued in accordance with Clause 10:
Section Particulars Volume No.
- Invitation for Bids
1 Instructions to Bidders I
2 Qualification Information, and other forms
3 Conditions of Contract
4 Contract Data
5 Technical Specifications II
6 Form of Bid III
7 Bill of Quantities
8 Securities and other forms
10 Documents to be furnished by bidder V
8.2. Volumes I, II, III and IV are available online and documents to be furnished by the
bidder in compliance with Section 2 will be prepared by him and furnished as in two
parts (refer clause 12).
8.3. The bidder is expected to examine carefully all instructions, conditions of contract,
contract data, forms, terms, and technical specifications, bill of quantities, forms,
Annexes and drawings in the Bid Document. Failure to comply with the requirements
of Bid Documents shall be at the bidder’s own risk. Pursuant to clause 26 hereof, bids
which are not substantially responsive to the requirements of the Bid Documents shall
9. Clarification Bidding Documents
9.1 A prospective bidder requiring any clarification of the bidding documents may notify
the Employer in writing or through E-mail at the Employer’s address indicated in the
invitation to bid. The Employer will respond to any request for clarification which he
received earlier than 15 days prior to the deadline for submission of bids. Employer’s
response will be published on website including a description of the enquiry but
without identifying its source.
9.2. Pre-bid meeting
9.2.1. The bidder or his official representative is invited to attend a pre-bid meeting which
will take place at the address, venue, time and date as indicated in the appendix.
9.2.2. The purpose of the meeting will be to clarify issues and to answer questions on
any matter that may be raised at that stage.
9.2.3. The bidder shall be required to submit any questions in writing or e-mail to reach
the Employer not later than 03 days before the meeting.
9.2.4. Minutes of the meeting, including the question raised (Without identifying the source
of enquiry) and the responses given will be published without delay on the tender
website i.e. www.tender.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
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
Signature of Contractor CHIEF OFFICER Rajpipla municipality
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 to 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
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.
Particulars Section No. Volume No.
Instructions to Bidders (IFB) 1 I
Conditions of Contract 3 I
Contract Data 4 I
Scope of work & Technical Specifications 5 II
Form of Bid 6 III
Bill of Quantities 7 III
Securities and Other Forms 8 III
Documents to be furnished by bidder 10 V
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 should quote percentage above/below/at par with respect to total
amount put to tender in Bill of Quantities.
13.3 All duties, taxes, and other levies except GST payable by the contractor under the
contract, or for any other cause shall be included in the rates, prices and total Bid
Price submitted by the Bidder. (GST will be paid extra)
13.5 The rates and prices quoted by the bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions of Clause 47 of the
Condition of Contract (Irrespective of the time limit and Bid Amount)
14 Currencies of Bid and Payment
14.1 The unit rates and the prices quoted by the bidder shall be entirely in Indian Rupees.
All payments shall be made in Indian Rupees.
15 Bid Validity
15.1 Bids shall remain valid for a period of not less than 180 days after the deadline date
for bid 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
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 latest GoG Finance Department’s Circular or 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.
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
(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
i) Sign the Agreement; or
ii) Furnish the required 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. S/22/2017/6369/D,
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
of these Instructions to bidder as the “Technical Bid “and “Financial Bid” in
separate parts to be uploaded.
Signature of Contractor CHIEF OFFICER RAJPIPLA MUNICIPALITY
D. SUBMISSION OF BIDS
20. Deadline for Submission of the Bids
20.1. Complete Bids must be received online by the Employer at the tender website
specified above not later than the date indicated in appendix.
20.2. The Employer may extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10, in which case all right and obligation
of the Employer and the bidders previously subject to the original deadline will
then be subject to the new deadline.
22. Modification and Withdrawal of Bids
22.1. Bidders may modify or withdraw their bids online before the deadline prescribed
in Clause 20 or pursuant to Clause
22.3. No bid shall be modified or withdrawn after the deadline for submission of Bid.
22.4. Withdrawal or modification of a bid between the deadline for submission of bids
and the expiration of the original period of bid validity specified in Clause
above or as extended pursuant to Clause 15.2 may result in the forfeiture of the
Bid security pursuant to Clause
Signature of Contractor CHIEF OFFICER RAJPIPLA MUNICIPALITY
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.
23.3. 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
(iv) Immediately (usually within 3 or 4 days), on receipt of this clarification the
Evaluation Committee will finalize the list of responsive bidders whose
financial bids are eligible for consideration.
23.6 At the time of opening of “Financial Bid”, the names of the bidders were found
responsive in accordance with Clause 23.4(iv) will be announced. The bids of only
these bidders will be opened. The responsive Bidders’ names, the Bid prices, the
total amount of each bid, any discount and such other details as the Employer
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 such other details as the Employer
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
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
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 reservation.
29. Evaluation and Comparison of Financial Bids
29.1. The Employer will evaluate and compare only the Bids determined to be
substantially responsive in accordance with Sub-Clause 26.2.
29.3. The Employer reserves the right to accept or reject any variation or deviation.
Variation and deviations and other factors, which are in excess of the
requirements of the Bidding documents or otherwise result in unsolicited benefits
for the Employer, shall not be taken into account in Bid evaluation.
29.4. The estimated effect of the price adjustment conditions under Clause 47 of the
Conditions of Contact, during the period of implementation of the Contract, will
not be taken into account in Bid evaluation.
29.5. If the Bid of the successful Bidder is seriously unbalanced in relation to the
Engineer’s estimate of the cost of work to be performed under the contract the
Employer may require the Bidder to produce detailed consistency of those prices
with the construction methods and schedule proposed. After evaluation of the
price analyses, the Employer may require that the amount of the performance
security set forth in Clause 34 be increased at the expense of the successful
/bidder to a level sufficient to protect the Employer against financial loss in the
event of default of the successful Bidder under the Contract.
29.6. A bid which contains several items in the bill of Quantities which are
unrealistically priced low and which cannot be substantiated satisfactorily by the
bidder may be rejected as non-responsive.
Signature of Contractor CHIEF OFFICER RAJPIPLA MUNICIPALITY
F. AWARD OF CONTRACT
31. Award Criteria
31.1. Subject to Clause 32, the Employer will award the contract to the Bidder whose
Bid has been determined.
(i) to be substantially responsive to the Bidding documents and who has
offered the Lowest evaluated Bid Price, provided that such bidder has been
determined to be eligible and qualified in accordance with the provisions
mentioned under this Section
(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.
32. Employer’s Right to Accept any Bid and to Reject any or all Bids
32.1. Not with standing 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 performance security in accordance with the provisions
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
34. Performance Security
34.1. (A) Within 10 (Ten) days of receipt of Letter of Acceptance, the successful Bidder
shall furnish to the Employer an irrevocable and unconditional guarantee from
a Bank in the form set forth in Section 8 (the “Performance Security”) for an
amount equal to 5% (five percent) of its Contract Price. In case of bids
mentioned below, the successful Bidder, along with the Performance
Security, shall also furnish to the Authority an irrevocable and unconditional
guarantee from a Bank in the same form given at Section 8 towards an
Additional Performance Security (The “Additional Performance Security”) for
an amount calculated as under:
(a) If the Contract Price offered by the Selected Bidder is lower than 10% but
up to 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, listed under GoG Finance Department’s latest
Circular or 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.
37. Corrupt or 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
of the Conditions of Contract.
APPENDIX TO ITB
Clause Reference with respect to Section –I
The Name of the Employer is MUNICIPAL COMMISSIONER/ CHIEF
OFFICER, (Name of ULB)
The last Seven Years.
3. This Annual Financial Turnover Amount is ₹ ………………….. [Cl.4.5.3.2]
4. Value of Work is ₹ ………………….. [Cl.1] IFB
6. The cost of electric work is ₹ …………………..
7. The cost of water supply / sanitary works is ₹ …………………..
Liquid assets and / or availability of credit facilities is ₹
9. Price level of the Financial Year 2025-26 [Cl.4.5.3.4]
10. The pre-bid meeting will take place at (NAME OF ULB) [Cl.9.2.1]
The technical Bid will be opened at the office of the (NAME OF
11. [Sr.no.26] NIT
ULB) on dt .......... at …… AM/PM
Address of the Employer: MUNICIPAL COMMISSIONER/ CHIEF
12. [Sr.no.32] NIT
OFFICER, (NAME OF ULB)
The bid should be submitted at the latest by as stated on online
The bid will be opened at MUNICIPAL COMMISSIONER/ CHIEF
OFFICER, (NAME OF ULB), as stated on online NIT
The Bank Draft in favor of “MUNICIPAL COMMISSIONER/ CHIEF
OFFICER, (NAME OF ULB)”.
Escalation factors (for the cost of work executed and financial
Year Financial Year Multiplying factor
Base year of inviting 2025-2026
18. tender [Cl.4.5.2]
#LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT WORK
[Reference CL.4.5.6]
The contractors shall also give a list of machinery in their possession and which they
propose to use on the work.
Sr. Plant or Location Age of Make Capacity Approximate Remark
No. Machinery Machinery Value
List of Key Personnel to be deployed on Contract Work
(Reference Cl. 4.5.5)
#Employment of a qualified site Engineer by the Contractor.
The Contractor shall employ full-time technically qualified staff during the execution of
this work satisfying the minimum requirement under clause 4.5.5 and as specified
1. Two graduate Civil Engineers and three diploma Civil Engineers when cost of the
work to be executed is more than Rs.50 lakhs.
2. One graduate & two Diploma, Civil Engineers when the cost of the work to be
executed is more than Rs.15 lakhs but less than Rs.50 lakhs.
3. Minimum two Diploma Civil Engineer when the cost of work is less than Rs.15 lakhs
but more than Rs.5 lakhs.
4. Minimum One Diploma Civil Engineer for the work when the cost of work to be
executed is less than Rs. 5 lakhs. The Engineer 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/ CHIEF OFFICER-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 15 days after issue of work
order such designated Site Engineers do not resume or do not remain present on
site of work, the recovery at the rate of Rs.15,000-00 per month per Engineer will
be made from the bills/deposit/dues of the contractor. Such recovery shall be non-
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 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 (Attach Copy)
Place of registration
Principal place of business
Power of attorney of signatory of Bid
1.2 Total value and capacity of Civil engineering construction Work performed in the
last Seven Years (in Rs. Lakhs)
1.2.1 Work performed as prime contractor in the past, involved in 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 Seven Years** and in current year before the submission of the bid.
Project Name of Description Contrac Value Date Stipulated Actual date Remark
Name the of work t No. of of period of of explaining
Employer contrac issue completio completion* reasons
t (Rs. of n for delay
Crore) Work & work
order Completed
*Attach certificate(s) from the Engineer(s)in-charge
**Immediately preceding the financial year in which bids are received.
1.3 Quantities of work executed as prime contractor, involved in 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 Seven
Years** and in current year before the submission of the bid.
*To be modified as per the nature and scope of work
Year Name of Name of Quantity of work performed (Cum/MT)
the the STP Pumping CETP/STP Storage
work Employer Constructio machinery works structures,
n & Pumping Commissio equalization
experience station n works tanks and
ITEM 1 ITEM 2 ITEM 3 ITEM
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 work:
Description Place Contract Name Value Stipulated Value of Anticipated
of works & No. &Address Contrac Period of Works* of
State of t (Rs. Completio remaining completion
Employer Cr) n to be
*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 4.5.6). The Bidder should list all the information requested below.
Item of Requirement Availability Proposals Remarks
Equipment NO Capacity Owned/ Leased to be Nos./ Age/ (From whom to
procured Capacity Conditions be purchased
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 – Not Applicable
Sections of the Value of Sub- Sub-Contractor Experience in
works Contractor (Name & similar work
1.8 Attach copies of certificates on possession of valid license for executing water
supply/ sanitary work/ electrical works. Financial reports for the last Seven 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, telephone, telex, and fax numbers of the Bidders bankers who may
provide references if contacted by the Employer.
1.11 Information on Litigation history in which the Bidder is involved.
Other Party Employer Cause of Amount Remarks
(ies) Dispute Involved showing
1.12. Statement of compliance under the requirements of Sub Clause 3.2 of the
instruction to Bidders. (Name of Consultant engaged for project preparations is *
1.13 Proposed work method and schedule. The Bidder should attach descriptions,
drawings and charts as necessary to comply with the requirements of the Bidding
documents. (Refer ITB Clause 4.1)
1.14 Programme Schedule
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.
(i) Affidavit &
(ii) Undertaking
SAMPLE FORMAT FOR EVIDENCE OF ACCESSTOOR
AVAILABILITY OF CREDIT FACILITIES
(CLAUSE 4.5.7 OF ITB)
BANK CERTIFICATE
This is to certify that M/s. is a reputed company
with 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.
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 here by 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 Seven Years
prior to the date of this bid.
3. The undersigned hereby authorize(s) and request (s) any bank, person, firm, or
corporation to furnish pertinent information deemed necessary and requested by the
Department to verify this statement or regarding any (our) competence and general
4. The Undersigned understands and agrees that further qualifying information may be
requested and agrees to furnish any such information at the request of the
Department/ Project implementing agency.
(Signed by an Authorized Officer of the Firm)
Title of Officer
I, the undersigned do here by undertake .......................................... that our firm
upto 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 Page
1 Definitions 37 Bill of Quantities
2 Interpretation 38 Changes in the Quantities
3 Language and Law 39 Variations
4 Engineer’s Decisions 40 Payments for Variations
5 Delegations 41 Cash Flow Forecasts
6 Communications 42 Payment Certificates
7 Sub-Contractors 43 Payments
8 Other Contractors 44 Compensations Events
9 Personnel 45 Tax
10 Employer’s & Contractor Risk 46 Currencies
11 Employers Risks 47 Price Adjustment
12 Contractor’s Risk 48 Retention
13 Insurance 49 Liquidated damages
14 Site Investigations Reports 50 Bonus
15 Queries about the Contract 51 Advance Payment
16 Contractors to Construct the 52 Securities
17 The Works to be Completed By 53 Deleted
the Intended Completion
18 Date Approval by the 54 Cost of Repair
20 Discoveries E. Finishing the Contract
21 Possession of the Site 55 Completion
22 Access to the Site 56 Taking Over
23 Instructions 57 Final Account
24 Disputes 58 Operating and Maintenance
manuals Terminations
25 Procedure for Disputes
26 Deleted 60 Payment upon Terminations
B. 62 Release from Performance
27 F. Special Conditions of
Programme Contract
28 Extensions of the Intended 63 Labour
completion date
29 Deleted 64 Compliance with labour
Delays Ordered by The
Engineer 65 Arbitration
31 Management Meetings
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 Bid
Compensation Events are those defined in Clause 44 hereunder
The Completion Date is the date of completion of the Works as certified by the
Engineer in accordance with Sub Clause
The Contract is the contract between the Employer and Contractor to execute,
complete and maintain the Works till the completion of Defects Liability
Period. It consists of the documents listed in Clause 2.3 below.
The Contract data defines the documents and other information which comprise
The Contractor is a person or corporate body whose Bid to carry out the Work
has been accepted by the Employer.
The Contractor’s Bid is the complete 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
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 Acceptance.
The Intended Completion Date is the date on which it is intended that the
Contractor shall complete the Works. The Intended Completion Date is specified
in the Contract Data. The Intended Completion Date may be revised only by the
Engineer by issuing an extension of time.
Materials are all supplies, including consumables, used by the contractor for
incorporation in the works.
Plant is any integral part of the work which is to have mechanical, electrical,
electronic or chemical or biological functions.
The Site is the area defined as such in the Contract Data.
Site Investigation Reports are those which were included in the Bidding
documents and are factual interpretive reports about the surface and subsurface
conditions 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 Dates.
A Subcontractor is a person or corporate body who has a Contract with the
Contractor to carry out a part of the work in the Contract which includes work on
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
(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
3. Language and Law
3.1 The language of the Contract and the law governing the Contract are stated
in the Contract Data.
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
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 the Contract.
10. Employer’s and Contractors Risks
10.1 The Employer carries the risk which these Contract states are Employer’s
risks, and the Contractor carries the risks which these Contracts states are
Contractor’s 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
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
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 insurance shall not be made without the
approval of the Engineer.
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 and Drawings.
17. The Works to be completed by the Intended Completion Date
17.1 The Contractor may commence execution of the Works on the Start Date
and shall carry out the Works in accordance with the programme submitted
by the Contractor, as updated with the approval of the Engineer, and
complete them by the Intended Completion date
18. Approval by the Engineer
18.1 The Contractor shall submit Specifications and Drawings showing the
proposed Temporary works to the Engineer, who is to approve them if they
comply with the Specifications and drawings.
18.2 The Contractor shall be responsible for design of temporary works.
18.3 The Engineer’s approval shall not alter the contractor responsibility for
design of the Temporary works.
18.4 The Contractor shall obtain approval of third parties to the design of the
Temporary works where required.
18.5 All Drawings prepared by the Contractors for the execution of the
temporary or permanent work are subject to prior approval by the Engineer
before their use.
19.1 The Contractor shall be responsible for the safety of all activities on the Site.
20. Discoveries
20.1 Anything of historical or other interest or of significant value unexpectedly
discovered on the site is the property of the Employer. The contractor is
to notify the engineer of such discoveries and carry out the Engineer’s
instructions for dealing with them.
21. Possession of the Site
21.1 The Employer shall provide the Contractor with possession of the Site,
whether in part or in full. 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.
22. Access to the Site
22.1 The Contractor shall allow the Engineer and any person authorized by the
Engineer access to the Site, to any place where work in connection with
the Contract is being carried out or is intended to be carried out and to
any place where materials or plants are being manufactured/ fabricated/
assembled for the works.
23. Instructions
23.1 The Contractor shall carry out all instructions of the Engineer pertaining
to works which comply with the applicable laws where the site is located.
23.2 The Contractor shall permit the Employer to inspect the Contractor’s
accounts and records relating to the performance of the Contractor and to
have them audited by auditors appointed by the Employer, if so required
by the Employer.
24.1 If the Contractor is of the view that a decision taken by the Engineer was
either outside the authority given to the Engineer by the Contract or that the
decision was wrongly taken, the decision shall be referred to
#Superintending Engineer, (NAME OF ULB) (Higher Authority) within 14 days
of the notification of the Engineer's decision. If the issue is not resolved, any
party can refer to the matter for conciliation within 15 days from the decision
given by the #Superintending Engineer.
(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied
with the decision of the #Superintending Engineer, (NAME OF ULB),
both the parties have to refer to the Chief Engineer concerned for the
conciliation process.
(b) For the work more than Rs.100 Cr., if any of the parties is not satisfied
with the decision of the #Superintending Engineer, both the parties
have to refer to the Secretary, (Name of the Department),
Government of Gujarat for the conciliation process.
If the dispute is not resolved through the conciliation process, he may refer
the dispute to Gujarat Public Works Contract Dispute Arbitration Tribunal. If
the Contractor fails to refer a claim / dispute to the Higher Authority within
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.
25. Procedure for Disputers
25.1 The arbitration shall be conducted in accordance with the arbitration
procedure stated in the Special Conditions of Contract.
Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER
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 procedure.
31.2 The Engineer shall record the business of management meetings and is to
provide copies of his record to those attending the meeting and to the
Employer. The responsibility of the parties for actions to be taken is to be
decided by the Engineer either at the management meeting or after the
management meeting and stated in writing to all who attended the
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.
Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER
C.QUALITY CONTROL
# 33. Identifying Defects/ Defect liability period
33.1 : Defect liability period: The contractor shall be responsible for making 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 the same good
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 3 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 10 (Ten) 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
Months from the certified date of completion which should include three
(d) For original building works the defect liability period will be 4 years or
elapse of 4 monsoon period following date of possession of building taken
over by user agency following the certified date of completion, whichever
is later. For the purpose of deciding the monsoon period, the 30th
September shall be treated as the last date.
Modified vide R & B D Circular No. PAC-11-102008-2076-N dated
31/8/2009, PRCH/102013(2976) 2759-N, Dated 27/05/2013 and Circular
No. TNC/10/2016/Clause 17A (Correction/(1)C Dated 12/05/2016]
33.2 Free maintenance guarantee period for works of Road/Bridge construction
(a) For resurfacing work of road free maintenance guarantee period one
year from the date of completion.
(b) In case of widening of the road/strengthening of the road/bridge, the
contractor shall have to give four years free maintenance guarantee
from the certified date of completion. During this period the contractor
shall visit the site every six months along with the concerned Section
Officer / Deputy MUNICIPAL COMMISSIONER/ CHIEF OFFICER and will
examine the work already carried out in this contract like road work,
jungle cutting, side shoulders, side gutter, road furniture, patta etc.
and will prepare Km. wise inspection report duly signed by all
concerned and any defect observed shall be done within 15 days by the
contractor at his risk and cost as per the direction of Engineer in charge.
The contractor needs to do videography of these visits and require to
submit at the time of release of FMG. If B.T. the surface during the
maintenance period of 4 years is worn out then agency shall have to
provide renewal coating as per tender item as directed by the Engineer-
in- charge. The amount equivalent to 5% of each running bill shall be
withheld and will be released after the free maintenance guarantee
period (i.e. 4 years) is over.
However, this amount shall be released against fixed deposit or bank
guarantee pledged in the name of MUNICIPAL COMMISSIONER/ CHIEF
OFFICER after completion certificate of work is issued.
(1) The flakiness and elongation index (combined) for coarse aggregates
under no circumstances shall exceed the allowable limit set forth in the
relevant clause for the material in question.
(2) 2% of the amount eligible for the payment of bituminous items shall be
withheld till the miscellaneous items like earthwork in embankment /
cutting for side shoulders, side gutters, kilometer / indicator / guard
stones, sign boards etc. are completed in all respect by the contractor.
After completion of the miscellaneous items, the above said 2%
withheld amount shall be released.
(Govt. of Gujarat's G.R. No.: TNC-10-2013-3(Part-3)/C, Dtd. 13/12/2013).
(3) Videography for the surface under Maintenance Guarantee is to be done
as per Govt. letter No.: SSR/10/2015-16/26/C, Dtd. 26/11/15 for the
work costing more than Rs. 5.00 Crore.
(4) Setting up of adequate laboratory & deployment of quality engineers.
The contractor shall have to set up the laboratory with adequate
equipment. Till the setting up of adequate laboratory is completed &
reported of this to the engineer (subject to due verification by
engineer’s representative) by contractor in writing, Rs.2,00,000/- shall
be withheld. The qualified quality Engineer shall be deployed
exclusively for this contract by the contractors. If quality Engineer is
not deployed by contractor within one month after the date of work
order, the amount equivalent to Rs.20,000 per month shall be
recovered till the actual deployment of quality engineer. The amount
so recovered towards the deployment of quality engineers shall not be
(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 MUNICIPAL COMMISSIONER/ CHIEF OFFICER 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 corrected.
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
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.
Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER
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 Quantities
38.1 The Engineer shall have power to make any alterations in or addition to the
original specifications , drawings, designs and instructions that may appear
to him to be necessary or advisable during the progress of the work and the
contractor shall be bound to carry out the work in accordance with any
instruction in this connection which may be given to him in writing signed
by the Engineer and such alteration shall not invalidate the contract and any
additional work which the contractor may be directed to do in the manner
above specified as part of the work shall be carried out by the contractor
on the same conditions in all respects on which he agreed to do the main
work and at the same rate as are specified in the tender for the main work.
Except that when the quantity of any item exceeds the quantity as in the
tender by more than 130%, the contractor will be paid for the quantity in
excess of 130%, at the rate entered in the SOR of the year during which
the excess in quantity is first executed.
39.1 All Variations shall be included in updated programmers 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
(i) At the rate derived from the item within the contract which is comparable
to the one involving additional or altered class of work; where there are
more than one comparable items, the item of the contract which is nearest
in comparison with regard to class or classes of the work involved shall be
selected and the decision of the Superintending Engineer as to the nearest
comparable item shall be final and binding on the contractor.
(ii) If the rate cannot be derived in accordance with (i) above, such class of
works shall be carried out at the rate entered in the Schedule of Rates of
the division for the year in which the tender was received, increased or
decreased by the percentage by which the tender amount is more or less
as compared to the amount arrived at the rates in the “Schedule of Rates”
of the Division in the year in which the tender was received. If the Schedule
of rates of the Division does not contain all the items, the percentage
increase or decrease of the tender shall be calculated considering such
items which were included in the “Scheduled Rates” of the division for the
year and for materials consumed on such item the rate to be charged would
be the basic rate taken into account for fixing the rate in S.O.R. referred
(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class
of work shall be carried out at the rate decided by the competent
authorities on the basis of detailed rate analysis after hearing the
contractor before a Committee of two Superintending Engineers stationed
at the same place or the nearest place.
40.2 If the additional or altered work, for which no rate is entered in the
“Schedule of Rates” of the Division is ordered to be carried out before the
rate is agreed upon, then the contractor shall within seven days of the date
of receipt by him of the order to carry out the work, inform the Engineer-
in-charge of the rate, which it is his intention to charge for such class of
work and if the Engineer in charge does not agree to this rates, he shall
by notice in writing be at liberty to cancel his order to carry out such class
of work and arrange to carry it out in such manner as he may consider it
advisable, provided always that if the contractor shall commence work or
incur any expenditure in regard thereof before the rates shall have been
determined as lastly herein before mentioned, then in such cases he shall
only be entitled to be paid in respect of the work carried out or expenditure
incurred by him prior to the date of the determination of the rate as
aforesaid according to such rate or rates as shall be fixed by the Engineer-
in-charge. In the event of the dispute, the decision of the Superintending
Engineer of the Circle shall be final.
Where, however, the work is to be executed according to the
designs, drawings and specifications recommended by the contractor and
accepted by the competent authority, the alternation above referred to
shall be within the scope of such designs, drawings and specifications
appended to the tenders.
The time limit for the completion of the work shall be extended in
the proportion that the increase in the cost occasioned by alterations bears
to the cost of the original work and the certificate of the Engineer-in-
charge as to such proportion shall be final and conclusive.
41. Cash Flow Forecasts
41.1 When the programme is updated, the contractor is to provide the engineer
with an updated cash flow forecast.
42. Payment certificates.
42.1 The Contractor shall submit to the Engineer monthly statements of the
estimated value of the work completed less the cumulative amount
certified previously.
42.2 The Engineer shall check the Contractor’s monthly statement within
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 events.
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 information
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
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 other taxes
prevailing on due date of bid submission except GST. However, any
subsequent changes in the tax structure by Government after due date of
bid submission will be compensated (+/-) on availability or submission of
actual documentation. Contractor will have to intimate Engineer regarding
changes occurred in the tax structure after bid submission. If the
contractor fails to provide such information and if any financial obligation
may arise due to change in tax structure, same will be recovered from the
45.2 GST will be paid separately on the bills. Hence, it is the responsibility of
the contractor to pay the GST to the concerned Authority.
46. Currencies.
46.1 All payment shall be made in Indian Rupees.
47. Price Adjustment
47.1 Contract price shall be adjusted for increase or decrease in rates and price
of labour, materials, fuels and lubricants in accordance with the following
principles and procedures and as per formula given in the Contract Data:
(a) The price adjustment shall apply for the work done from the start date
given in the contract data up to end of the initial intended completion
date or extensions granted by the Engineer and shall not apply to the
work carried out beyond the stipulated time for reasons attributable to
the contractor.
(b) The price adjustment shall be determined during each month from the
formula given in the contract data.
(c) Following expressions and meanings during the work done during each
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
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
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
48.2 On Completion of the whole of the Works half the total amount retained is
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
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
milestone as stated in the contract data). The total amount of liquidated
damages shall not exceed the amount defined in the Contract Data. The
Employer may deduct liquidated damages from payment due to the
Contractor. Payment of liquidated damages does not affect the
Contractor’s liabilities.
49.2 If the Intended Completion Date is extended after liquidated damages have
been paid, the Engineer shall correct any overpayment of liquidated
damages by the Contractor by adjusting the next payment certificate. The
Contractor shall not be entitled for any interest on the over payment
calculated from the date of payment to the date of repayment.
49.3 If the contractor fails to comply with the time for completion as stipulated
in the tender, then the contractor shall pay to the employer the relevant
sum stated in the Contract Data as Liquidated damages for such default
and not as penalty for everyday or part of day which shall elapse between
relevant time for completion and the date stated in the taking over
certificate of the whole of the works on the relevant section, subject to
the limit stated in the contract data.
The employer may, without prejudice to any other method of
recovery deduct the amount of such damages from any monies due or to
become due to the contractor. The payment or deduction of such damages
shall not relieve the contractor from his obligation to complete the works
on from any other of his obligations and liabilities under the contract.
49.4 If, before the Time for Completion of the whole of the Works or, if
applicable any Section, a Taking Over Certificate has been issued for any
part of the Works or of a Section, the liquidated damages for delay in
completion of the remainder of the Works or of that Section shall, for any
period of delay after the date stated in such Taking-Over-Certificate, and
in the absence of alternative provisions in the Contract, be reduced in the
proportion which the value of the part so certified bears to the value of
the whole of the Works or Section, as applicable. The provisions of this
Sub-clause shall only apply to the rate of liquidated damages and shall not
affect the limit thereof.
50 Bonus – Not Applicable
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 6 months. The bonus would
be paid as under
% of Initial Contract Price
% of Time Saved
entitled for Bonus
Less than 10% 0%
51. Advance Payment- Not Applicable
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
51.3 The advance payment shall be repaid by deduction proportionate amount
from payments otherwise due to the Contractor, following the schedule of
completed percentages of the Works on a payment basis. No account shall
be taken of the advance payment or its repayment in assessing valuations
of work done, variations, price adjustments, Compensation Events, or
Liquidated damages.
52.1 The performance Security (including additional security for unbalanced
bids) shall be provided to the Employer no later than the date specified in
the Letter of Acceptance and shall be issued in an amount and form and
by a bank or surety acceptable to the Employer and denominated in Indian
Rupees. The performance Security shall be valid until a date 60 days from
the date of expiry of Defects Liability Period and the additional security
for unbalanced bids shall be valid until a date 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 omissions.
Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER
E. FINISHING THE CONTRACT
55.1 The Contractor shall request the Engineer to issue a Certificate of
Completion of the works and the Engineer will do so upon deciding that
the work is completed.
56. Taking Over
56.1 The Employer shall take over the Site and the Works within seven days of
the Engineer issuing a certificate of Completion.
57. Final Account
57.1 The Contractor shall supply to the Engineer a detailed final account of the
total amount that the Contractor considers payable as full and final
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
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
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
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
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 reconstruction or amalgamation
4. A payment certified by the Engineer is not paid by the Employer to the
Contractor within 56 days of the date of the Engineer’s certificate
5. The Engineer gives Notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within
a reasonable period of time determined by the Engineer;
6. The Contractor does not maintain a security which is required;
7. The Contractor has delayed the completion of works by the number of days
for which the maximum amount of liquidated damages can be paid as
defined in the Contract data; and
8. If the Contractor, in the judgment of the Employer has engaged in corrupt
or fraudulent practices in competing for or in executing the Contract.
For the purpose of this paragraph: “corrupt practice” means the
offering, giving, receiving or soliciting of anything of value to influence the
action of a public official in the procurement process or in contract
execution. “Fraudulent practice” means a misrepresentation of facts in
order to influence a procurement process or the execution of a contract to
the detriment of the borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the Borrower of the
benefits of free and open competition.
59.3 When either party to the Contract gives notice of a breach of contract to
the Engineer for a cause other than those listed under Sub Clause
above, the Engineer shall decide whether the breach is fundamental or
59.4 Notwithstanding the above, the employer may terminate the Contract for
60. Payment upon Termination
60.1 If the Contract is terminated because of a fundamental breach of Contract
by the Contractor, the Engineer shall issue a Certificate for the value of
the work done less advance payments received up to the date of the
issue of the certificate, less other recoveries due in terms of the contract,
less taxes due to deducted at source as per applicable law and less the
percentage to apply to the work not completed as indicated in the Contract
data. Additional Liquidated Damages shall not apply. If the total amount
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 Equipment’s, Temporary Works and Works
are deemed to be property of the Employer, if the Contract is terminated
because of a Contractor’s default.
62. Release from Performance
62.1 If the Contract is frustrated by the outbreak of war of by any other event
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 made.
Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER
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
A) Workmen Compensation Act 1923:- The Act provides for compensation in
case of injury by accident arising out of and during the course of employment.
B) Payment of Gratuity Act. 1972:- Gratuity is payable to an employee under
the Act on satisfaction of certain conditions on separation if an employee has
completed 5 years’ service or more on death, the rate of 15 days wages for
every completed year of service. The Act is applicable to all establishments
employing 10 or more employees.
C) Employees P.F. and Miscellaneous Provision Act 1952:- The Act Provides for
monthly contributions by the employer plus workers @ 10% or 8.33% The
benefits payable under the Act are :
1. Pension or family pension on retirement or death, as the case may be.
2. Deposit linked insurance on the death in harness of the worker.
3. Payment of P.F. accumulation on retirement/death etc.
D) Maternity Benefit Act 1951:- The Act provides for leave and some other
benefits to women employees in case of confinement or miscarriage etc.
E) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for
certain welfare measures to be provided by the Contractor to contract labour
and in case the Contractor fails to provide, the same are required to be
provided, by the Principal Employer by Law. The principal Employer is
required to take Certificate of Registration and the Contractor is required to
take license from the designated Officer. The Act is applicable to the
establishments or Contractor of Principal Employer, if they employ 20 or more
contract labour.
F) Minimum Wages Act 1948:- The Employer is supposed to pay not less than
the Minimum Wages fixed by appropriate Government as per provisions of the
Act, if the employment is a scheduled employment. Construction of Building,
Roads, Runways are scheduled employment.
G) Payments of wages Act 1936:- It lays down as to by what date the wages are
to be paid, when it will be paid and what deductions can be made from the
wages of the workers.
H) Equal remunerations Act 1979:- The Act provides for payment of equal
wages for work of equal nature to Male and Female workers and for not
making discrimination against female employees in the matter of transfer,
training and promotions etc.
I) Payments of Bonus Act 1965:- The Act is applicable to all establishments
employing 20 or more employees. The Act provides for payments of annual
bonus subject to a minimum of 8.33% of wages and maximum of 20 % of wages
to employees drawing Rs. 3500/- per month or less. The bonus to be paid to
employees getting Rs.2500/- per month or above Rs.3500/- per month shall
be worked out by taking wages as Rs.2500/- per month only. The Act does not
apply to certain establishments. The newly set-up establishments are
exempted for Seven 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 establishment.
K) Industrial employment (standing Orders) Act 1946:- It is applicable to all
establishments employing 100 or more workmen (employment size reduced
by some of the State and Central Government to 50). The Act provides for
laying down rules governing the conditions of employment by the Employer
on matters provided in the Act and get the same certified by the designated
L) Trade Unions Act 1926:- The Act lays the procedure for registration of trade
unions of workmen and employers. The Trade Unions registered under the
Act have given certain immunities from civil and criminal liabilities.
M) Child Labour (Prohibition & Regulation Act 1986:- The Act prohibits
employment of children below 14 years of age in certain occupations and
process and provides for regulation of employment of children in all other
occupations and processes. Employment of Child labour is prohibited in
Building and Construction Industry.
N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions
of service) Act 1979:- The Act is applicable to an establishment which
employs 5 or more inter-state migrant workmen through an intermediary
(who has recruited workmen in one state for employment in the
establishment situated in another state).The inter-state migrant workmen, is
an establishment to which this Act becomes applicable, are required to be
provided certain facilities such as housing, medical aid, traveling expenses
from home up to 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
P) Factories Act 1948:- The Act lays down the procedure for approval of plans
before setting up a factory, health and safety provisions, welfare provisions,
working hours, annual earned leave and rendering information regarding
accidents or dangerous occurrences to designated authorities. It is applicable
to premises employing 10 persons or more with aid of power or 20 or more
persons without the aid of power engaged in the manufacturing process.
Q) Royalty charges-The contractor shall pay the royalty to the competent
authority as per rule. The royalty charges paid shall be borne by the
contractor and shall not be reimbursed by the Employer.
R) Following Pollution control Acts and amendments made thereof from time
to time shall be applicable.
1. Water (Preservation and control of Pollution) Act,
2. Air (Prevention and Control of Pollution Act
3. Environmental (Protection) Act
The contractor must commit to adopting Environmental management
plan for best energy use, waste management, the reduction of pollution as in
EMS (Environmental Management system)ISO-14001-
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
#Superintending Engineer (Higher Authority) within 14 days of the
notification of the Engineer's decision. If the issue is not resolved, any party
can refer the matter for conciliation within 15 days from the decision given
by the #Superintending Engineer.
(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied with
the decision of the #Superintending Engineer, both the parties have to
refer to the #Chief Engineer concerned for the conciliation process.
(b) For the work more than Rs.100 Cr., if any of the parties is not satisfied
with the decision of the Superintending Engineer, both parties have to
refer to the #Secretary, Water Resources Department/Roads & Building
Department, and Government of Gujarat for the conciliation process.
If the dispute is not resolved through the conciliation process,
contractor may refer the dispute to Gujarat Public Works Contract
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.
Signature of Contractor MUNICIPAL COMMISSIONER/ CHIEF OFFICER
Section 3: Conditions of Contract for Operation & Model STP
Conditions of Contract for Operation & Maintenance
Section 3: Conditions of Contract for Operation & Model STP
CONDITIONS OF CONTRACT
FOR OPERATION AND MAINTENANCE
(ADMINISTRATIVE PROVISIONS)
The following additional clauses shall apply only during the Operation and Maintenance period.
1. DEFINITIONS A ND INTERPRETATION
1.1. Definitions: In these Conditions of Contract (“Conditions”) the following words and
expressions shall have the meanings hereby assigned to them, except where the context
otherwise requires.
1.1.1. “Applicable Law” means all national (or State) legislation, statutes, ordinances and other
Laws and regulations and by laws of any legally constituted public authority.
1.1.2. “Contract” means the contract agreement, these conditions, the Employer’s requirements,
the Tender and the further documents (if any) which are listed in the contract agreement.
1.1.3. “Contractor’s Equipment” shall mean all equipment, instruments, tools, machinery and other
appliances and things of the Contractor at the Site required for the fulfilment of the
obligations of the Contractor under these Conditions.
1.1.4. “Contractor’s Personnel” means the contractor’s representative and all personal whom the
contractor utilizes on site, who may include the staff, labour, & other employees of the
contractor and of each sub–contractor & any other personnel assisting the Contractor in the
execution of the work.
1.1.5. “Dispute” shall have the meaning given to it in Clause 15 of these Conditions.
1.1.6. “Employer’s Risk” shall include the risks mentioned as Employers risks in the General
Conditions and shall include any negligence or misconduct on the part of the Employer and
any event of Force Majeure as provided in Clause 12 of these Conditions.
1.1.7. “Employer’s Personnel” means the Employer’s Representative, the assistants and all other
staff, labour and other employees of the Employer and of the Employer’s representative,
and any other personnel notified to the contractor, by the Employer or the Employer’s
representative, as Employer’s personnel.
1.1.8. “Employer’s Requirements” means the document entitled Employer’s requirements, as
included in the contract, and any additions and modifications to such document in
accordance with the contract. Such document specifies the purpose, scope, and / or design
and / or other technical criteria, for the works.
1.1.9. “Facility” shall mean the entire system to be designed and constructed including the
equipments, buildings, structures, ramps, pits, pipes, fencing, lighting, testing and analysis
equipment, tools, computers, software programs, safety equipment, plant machinery,
supplies, instruments and inventory incorporated therein, as well as all open areas within
the Site, and including any additions, modifications, alterations, replacement and repairs as
may be made thereto from time to time.
1.1.10. “Force Majeure” shall mean those events mentioned in Clause 12 of these Conditions.
Section 3: Conditions of Contract for Operation & Model STP
1.1.11. “General Conditions” shall mean the conditions of tender issued by Employer EMPLOYER
for O&M works of projects.
1.1.12. “Good Operating Practices” means the standards, practices, methods and procedures as
practiced internationally and in India conforming to all Applicable Law and that degree of
skill, diligence, prudence and foresight which would reasonably be expected from a skilled
and experienced contractor engaged in India in the same type of undertaking under the
same or similar circumstances as the Contractor pursuant to these Conditions.
1.1.13. “O & M Contract” shall mean the contract or part of any other contract having scope of
Operation and Maintenance of facilities, entered in between the Employer and the
Contractor pursuant to these Conditions.
1.1.14. “O & M Completion Certificate” shall mean the certificate to be issued by the Employer on
the completion of all the obligations of the Contractor under these Conditions.
1.1.15. “O & M Services” shall mean those services specified in Schedule [1] which the Contractor
is obligated to perform under these Conditions.
1.1.16. “O & M Standard” shall mean the standards: As set forth in the tender documents
a) As required pursuant to Applicable Law;
b) Set out in the Performance Guarantee; and
c) For the functioning of the Facility as required in accordance with the Contract
including such requirements as may be mentioned in the Employer’s Requirements.
d) For the functioning of the Facilities set forth in these Conditions.
1.1.17. “O & M Manual” shall have the meaning for manual of Operation and Maintenance
prepared by the contractor.
1.1.18. “O & M Period” shall have the meaning set out in Clause.
1.1.19. “O & M Price” shall mean the amount of Operation & Maintenance as agreed upon
1.1.20. “Party” shall mean each of the Contractor and the Employer and Parties shall mean both
of them together.
1.1.21. “Performance Guarantees shall mean the guarantee that the Facility shall be operated
continually satisfying the minimum performance parameters set out in Schedule.
1.1.22. “Successor Contractor” shall have the meaning given to it in Clause.
1.1.23. “Site” shall means that specific area specified in the bid documents & shall include any other
places as may be specifically designed by the Employer from the time to time as forming
part of the site.
1.1.24. “Taking over Date” shall mean the date of issue of the taking over certificate at the end of
the Operation and Maintenance period.
1.1.25. “Taking over Certificate” means the certificate to be issued by EMPLOYER/ ULB to the
Contractor at the successful completion of the Operation and Maintenance period.
1.1.26. “Termination” shall have the meaning given to it in Clause [13] of these Conditions.
1.2. Interpretation: In these conditions, except where the context requires otherwise.
Section 3: Conditions of Contract for Operation & Model STP
1.2.1. words indicating one gender include all genders,
1.2.2. words indicating the singular also include the plural and words indicating the plural also
include the singular,
1.2.3. Provisions including the word ‘agree’, ‘agreed’ or ‘agreement’ require the agreement to be
recorded in writing;
1.2.4. ‘written’ or ‘in writing’ means hand‐written, type‐written, printed or electronically made, and
resulting in a permanent record;
1.2.5. The marginal words and other headings shall not be taken into consideration in the
interpretation of these Conditions;
1.2.6. The words ‘include,’ ‘includes’ and ‘including’ are not limiting;
1.2.7. As used in these Conditions, all defined terms include the plural as well as the singular;
1.2.8. Any agreement, document or drawing defined or referred to in these Conditions shall include
amendment, modification and supplement thereto and waiver thereof as may become
effective from time to time, except where otherwise indicated;
1.2.9. Any reference to any Clause or Sub – Clause shall unless specified otherwise mean a
Clause or Sub-Clause of these Conditions; and
1.2.10. Any rights of the Employer to make any inspections or to review any document shall not
create any obligation on the Employer to conduct such inspections or reviews to detect
any errors, inaccuracies, ambiguities or other potential problems. No inspection or approval
by or on behalf of the Employer shall operate as a waiver of any provision of these
Conditions, any obligation of Contractor under these Conditions, or any of the rights of the
Employer hereunder, except as expressly agreed in writing by the Employer.
1.3. Scope during Trial run and Defect Liability period:
1.3.1. The scope of work under this contract includes trial run and maintenance of the STP(s) as
a whole and its parts as an individual component as well. Under this the contractor has to
run the scheme completely and will have to prove performance of each component
individually and of whole scheme as per the standards laid down in contract. During this
period the contractor shall have to appoint necessary staff for running and maintenance of
scheme. The candidature of the staff being engaged by contractor shall have to be approved
by the Engineer-in-Charge. During this period Engineer-in-Charge/ULB will appoint staff to
check the performance of project and also get hands on training to run and maintain the
scheme. Contractor and his staff will arrange training for the staff to the satisfaction of
Engineer In-charge. The period of trial run, testing and commissioning will be three (03)
calendar months from the date of actual completion of the scheme as certified by the
Engineer In-charge. Defect liability period will start from successful commissioning of the
1.4. Commencement and Duration of O & M part of contract
1.4.1. “The O & M Period” shall commence from the date of issue of ‘Certificate of successful
commissioning’ of the facilities including three calendar month trial run period or till
prescribed parameters are not attained & whichever is later of the two and shall
continue operation & maintenance of entire system for (As Mentioned in tender notice)
years including defect liability period there from.
1.5. Applicable Law
Section 3: Conditions of Contract for Operation & Model STP
1.5.1. The Contractor shall comply with all Applicable Law relevant to the Contractor’s Personnel,
including Applicable Law relating to their employment, health, safety, welfare,
immigration and emigration, and shall allow them all their legal rights.
1.5.2. The Contractor shall require his employees to obey all Applicable Laws, including those
concerning safety at work.
1.5.3. In the event Employer becomes liable to any Employer’s Personnel, any Governmental
authority (including but not limited to any fines or penalties levied by or payable to such
authority) or to any other third party under the provisions of any Applicable Law resulting
from Contractor’s failure to comply with such Applicable Law, Contractor shall reimburse
Employer for all payments required to be made by Employer to such Employers Personnel,
Governmental authority or any other third party, plus the actual expenses that Employer may
incur in investigating, settling or defending any litigation or threatened litigation.
1.6. Assignment
1.6.1. The Contractor will not be entitled to sub-contract any part of his obligation under these
Conditions to any third party.
1.7.1. Emergencies
In the event of an emergency endangering any life or property, the Contractor shall
immediately take such action as may be necessary to prevent, avoid or mitigate injury,
damage or loss and shall, as soon as possible, report any such incidents, including his
response thereto to the Employer.
1.7.2. Contractor Action
The Contractor shall utilize his personnel to take such action as may be necessary in
accordance with Good Operating Practices in the event of an emergency. Notwithstanding
anything to the contrary herein, the Contractor may incur any expenditure or take any
other operating actions as the Contractor deems to be necessary (in accordance with
Good operating practices) in the case of emergencies affecting the Facilities or the
operation of the Facilities to counteract the effects where the Contractor considers
immediate action is required to safeguard lives or property. In case such emergency was
caused due to an Employer’s Risk then the Employer shall reimburse such reasonable
expenses that might have been incurred by the Contractor in relation thereto acting in
accordance with Good Industry Practices.
1.8. Notification
1.8.1. In the event of an emergency the Contractor shall forthwith notify the Employer of the
emergency, the expenditures made, and the operating actions taken.
1.8.2. If the Employer considers that an emergency has arisen in relation to the Facilities, the
Employer may give written notice to the Contractor specifying the nature of the emergency
which it has identified and the manner in which it requests such emergency to be rectified.
The Contractor shall rectify such defect with all due diligence. If such emergency is on
account of an Employer’s Risk, then the Contractor shall be reimbursed all costs and
expenses reasonably incurred by the Contractor for any actions taken by it pursuant to such
direction or notice. If the Contractor fails to comply with such direction or notice promptly,
the Employer shall be entitled to procure that it or any third party takes such actions as may
be necessary to remedy such breach by the Contractor. Any costs that may
Section 3: Conditions of Contract for Operation & Model STP
be incurred by the Employer in this regard shall be reimbursed to him in full by the Contractor
and shall be a debt due to him from the Contractor.
1.9. Inspections
Notwithstanding any provisions of these Conditions and without prejudice to any of the other
rights vested by the Contractor under these Conditions, The Employer shall have the right
at all times to inspect the Facilities and the Contractor shall co-operate in every manner with
the representatives of the Employer inspecting the Facilities and allow them access to every
part of the Facilities and produce any records requested.
2. OPERATION OF THE FACILITIES
2.1. Operation of the Facilities
2.1.1. On Employer appointing the Contractor to perform and undertake the O & M Services and
all other obligations set out and in accordance with these Conditions during the O&M Period.
The Contractor shall accept the appointment and acknowledges a duty to perform such
2.1.2. The Contractor shall be in complete charge of and have custody and control over and
responsibility for the Facilities, and the Contractor shall perform or cause to be performed
on behalf of the Employer all O & M Services for the Facilities and shall supply or cause to
be supplied all materials required there for in accordance with the O & M Standard.
2.1.3. The Contractor shall also acknowledge that the Employer and the Employer’s Personnel
and other contractors may be carrying out work at the Facilities and shall endeavour to fully
co-operate and work in a manner so as not to cause any obstruction or hindrance to them.
2.1.4. The Contractor shall remain an independent Contractor and not an agent, employee and
nothing in these Conditions or the O & M part of contract shall be deemed to create a Joint
Venture between the Employer and the Contractor.
2.2. Responsibility of the Contractor- The Contractor shall be solely and exclusively
responsible for:
2.2.1. The contractor shall be responsible for smooth and satisfactory operation and maintenance
of the plant on round the clock basis for a period of (as mentioned in tender notice) years
from the date of completion of trial run and commissioning of Sewage Treatment Plant.
2.2.2. Obtaining all necessary permits and consents required by Applicable Law or any
Governmental authority for the Contractor to carry out the O & M Services.
2.2.3. The procurement of all goods and services necessary to ensure compliance with his
obligations under these Conditions,
2.2.4. Making available suitably qualified and trained personnel to perform the O & M Services.
2.2.5. Perform the O & M Services in accordance with the O & M Manuals prepared by the
Contractor and as approved by the Engineer in Charge and maintain the Facilities in good
repair and condition and ensure that the Facilities are well and suitably maintained at all
times in accordance with Good Operating Practices and in accordance with these
2.2.6. Procuring and administering all chemicals and other consumables, tools, equipment, spare
parts and other materials (which shall be of good quality and unused) necessary for the
operation and maintenance of the Facilities.
Section 3: Conditions of Contract for Operation & Model STP
2.2.7. Maintaining a system of records to identify all inventories related to the Facilities and
preparing and providing to the Employer a complete accounting of such inventory for every
fiscal quarter;
2.2.8. Arranging for the testing and recalibration of all scales, meters, gauges and other measuring
devices at the Facilities on an annual basis and maintain the Calibration certificates as
records unless otherwise stated in the O & M part of contract; and
2.2.9. For providing any and all relevant information required by the Employer.
2.2.10. Contractor shall ensure that the treatment plant is run on continuous basis and shut down if
any subject to obtaining prior permission / approval of the Employer. Generally major repair
encountered in any unit shall be attended as quickly as possible.
2.2.11. The contractor shall monitor the performance of the Sewage treatment plant; conduct the
analysis of the influent as well as effluent quality after treatment.
2.2.12. Contractor shall initiate and take adequate actions to ensure smooth and satisfactory
performance/ running of the plants on a 24 hours/ round the clock basis.
2.2.13. For the smooth running of the plant all the required equipment, machineries, accessories,
major and minor spares, consumables including chemicals, greases, lubricants, all cleaning
agents, packing, rubber sheet, laboratory reagents, all hardware, required quantity of white
wash, oil paint color, all types of epoxy paint, material required for house- keeping and
cleaning etc. are to be brought by the contractor. The quality of all consumable and spare
etc. i.e. technical requirements as per manufacture recommendation shall remain
2.2.14. A technical expert of the contractor shall visit the plant on every fortnight and will suggest if
required, to improve the efficiency and working of the plant. The visit must be recorded in
document and outcome of the visit/minutes of meeting should be got signed by Engineer
In-charge of works without which the visit shall not be considered.
2.2.15. In case, there is no inflow to the plant after completion of construction for a period of one
month and/ or more, payment during first fifteen days of O & M stage will be made without
any deduction. Payment for next fifteen days of the first month shall be made at rate of 50%
of O & M price quoted by him. Contractor shall also be paid for 15 days of the second month
at rate of 50% of O & M price quoted by him. Thereafter, payment towards security
watchmen and minimum power requirement will only be made (i.e. after 45 days of
completion of construction). ULB shall intimate Contractor by written notice in such event
during initial fifteen days of O & M period.
3. DUTY OF CARE BY THE OPERATOR AND PERFORMANCE STANDARDS
3.1. Duty of Care
3.1.1. The Contractor shall manage, operate and maintain the Facilities in accordance with Good
Operating Practices and in accordance with the O & M Standard so that the Facilities are
capable of meeting the outputs and specifications set out in the Contract.
3.1.2. The Contractor shall take full responsibility for the care of the Facility from the date of start
of O&M period, till the end of the O & M Period.
3.1.3. If any loss or damage happens to the Facility, during the O & M Period due to any breach
by the Contractor of any of his obligations under these Conditions including any wilful
misconduct, negligence and non-conformity with Good Operating Practices then the
Section 3: Conditions of Contract for Operation & Model STP
Contractor shall, at his own cost, rectify such loss or damage so that the Facility conforms
in every respect with the provisions of these Conditions.
3.1.4. The Employer shall be liable only in case of any damage caused due to any Employer’s
4. OBLIGATIONS AND RESPONSIBILITIES OF THE EMPLOYER
The Employer shall employ the Contractor to provide the O & M Services and shall:
4.1.1. issue Certificate of Successful commissioning and trial run, handover the custody of the
Facilities to the Contractor for its intended use during the O & M Period; and
4.1.2. Pay the Contractor all sums required to be paid in accordance with the terms of these
Conditions. Notwithstanding anything else herein contained the Employer may set off any
sums owed by the Contractor under the Contract for money owed to the Contractor by the
Employer under these Conditions or as a debt due from the Contractor.
4.1.3. EMPLOYER has the right to assign the contract to any of the designated ULB at any points
of time without diluting or diminishing the contractual obligations of respective parties.
Accordingly, after issue of LOA a separate tripartite agreement between Urban Local Bodies
(ULB), (EMPLOYER) and contractor shall be executed on ₹300/- non-judicial stamp paper
and duly notarized by notary public.
5. REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR
The Contractor hereby represents for the benefit of the Employer as follows:
5.1. Performance of O & M Services
5.1.1. The Contractor has the required skills and capability to perform, and shall diligently perform,
the O & M Services in a high quality, timely and professional manner utilizing sound
engineering principles and project management procedures in accordance with Good
Industry Practices.
5.1.2. that the Contractor shall perform his obligations hereunder in accordance with the
requirements of these Conditions and shall meet the Performance Guarantee; and
5.1.3. That it shall not use any spare parts or material that are not new, and which shall be of a
quality that is in accordance with Good Industry Practices.
5.2. Knowledge of Adverse Information
5.2.1. As of the Commencement Date, Contractor is not aware of any facts, conditions or events
which would affect the ability of Contractor to provide the O & M Services in accordance
with these Conditions.
5.2.2. Contractor has familiarized himself with the nature and extent of the O & M Services
required to be provided under these Conditions and with all other requirements under
5.3. Organization, Standing and Qualification
Contractor is validly existing and in good standing under Applicable Law and has all
necessary power and authority to carry on its business as presently conducted and to
perform its obligations under these Conditions. Contractor is or will be prior to the date
on which the O & M Services are to be commenced duly qualified or licensed to provide
these services.
Section 3: Conditions of Contract for Operation & Model STP
5.4. Due Authorization
5.4.1. Each of the execution, delivery and performance by the Contractor of all contracts entered
into pursuant to these Conditions shall be duly authorized by all necessary action on the
part of Contractor.
5.4.2. Neither the execution and delivery by Contractor of the O&M Contract, nor the
consummation by Contractor of any of the transactions contemplated hereby, requires the
consent or approval of, the giving of notice to, the registration with, the recording or filing of
any document with, or the taking of any other action in respect of, any Governmental
authority or agency, except:
a) Such as have been duly obtained, given, registered, recorded, filed or taken and are
in full force and effect or are not yet required; and
b) Filings and recordings expressly required pursuant to the O & M part of contract.
Contractor holds, or will obtain, any and all licenses, permits and approvals on a timely
basis. Contractor has no reason to believe that any of those not yet required will not
be readily obtainable or done in the ordinary course of business upon due application
5.5. Litigation
In the aggregate, there are no pending or, to the knowledge of Contractor, threatened
actions, investigations or proceedings before any court, Governmental authority or
arbitrator, which would have material adverse effect on the ability of Contractor to perform
its obligations under these Conditions
6.1. General Conditions
6.1.1. Without limiting the Contractor’s obligations, responsibilities and liabilities under these
Conditions, the Contractor shall be required to provide and maintain in full force and effect,
at his expense the insurance coverage’s specified in Schedule [3] throughout for the O&M
Period. Any deductibles on the insurance shall be to the account of the Contractor.
6.1.2. Maintenance of insurance shall not relieve the obligation of the Contractor to remedy or
repair any damage to the Facility in case such damage is caused due to the fraud,
negligence, wilful misconduct or breach of any obligations of the Contractor under these
Conditions (including failure to perform the O & M Services in accordance with Good
Operating Practices) at the Contractors cost promptly and regardless of the extent of
settlement of claims by the underwriters or the time taken for settlement of claims. Any
amounts not insured or not recovered from the insurers shall be borne by the Contractor to
the extent any such liability or damage is caused due any breach of any obligations of these
Conditions (including failure of the Contractor to perform the O & M Services in accordance
with the Good Operating Practices) by the Contractor or any wilful misconduct, negligence
on the part of the Contractor.
6.1.3. The terms of the Insurance shall be approved by the Employer.
6.1.4. The Contractor within the 14 days from work order shall submit to the Employer evidence
that the insurances required under Schedule [3] of these Conditions has been obtained as
approved by the Employer.
6.1.5. The Contractor shall not make any alteration to the terms of any insurance without the
prior approval of the Employer. If the Contractor fails to effect and keep in force any
Section 3: Conditions of Contract for Operation & Model STP
of the insurance it is required to effect and maintain under these Conditions or fails to
provide satisfactory evidence and copies of policies in accordance with this Sub Clause, the
Employer may affect insurance for the relevant coverage and pay the premiums due and
may claim the same from the Contractor. The insurances:
a) shall be in the name of the Employer and the Employer shall be the sole loss payee,
b) shall be extended to cover liability for all loss and damage to the Employer’s property
arising out of the Contractor’s performance of his obligations or failure to do so under
these Conditions and any fraud, gross negligence or wilful misconduct on his part,
6.1.6. If the Contractor fails to effect and keep in force insurance which is required to be maintained
under these Conditions, and the Employer neither approves the omission nor effects
insurance for the coverage relevant to this default, any moneys which would have been
recoverable pursuant to such insurance shall be paid by the Contractor.
6.1.7. The insurance shall cover all the electrical items, mechanical items, Instrumentation &
automation items, all civil works, Storage structures etc. The insurance for the work of
transmission main is optional. Since the responsibility of safety of all work lies with
contractor, contractor may prefer to take the insurance of optional item also if deemed fit.
7. INDEMNIFICATION
7.1. Loss or Damage to Facilities
The Contractor shall at its own expense make good any physical loss or damage to the
Facilities occasioned by it in the course of the performance of its obligations under these
Conditions if and to the extent such loss or damage is caused by the negligence, wilful
default or breach of statutory duty or failure to follow Good Industry Practices by the
7.2. Other Loss or Damage
7.2.1. Except as otherwise stated in this Clause 7.2 or covered by Clause 7.3, the Contractor shall
indemnify, defend and hold harmless the Employer against any and all liabilities, losses,
damages and claims of whatever kind and nature, including all related costs and expenses
incurred in connection therewith, in respect of personal injury to or death of third parties or
any employee of the Employer or the in respect of loss of or damage to any third party
property or property belonging to employee of the Employer by:
a) any breach by the Contractor of its obligations hereunder and
b) any negligence, wilful default or breach of statutory duty on the part of Contractor
7.2.2. Except as otherwise stated in this Clause 7.2 or covered by Clause 7.3, the Employer
shall indemnify, defend and hold harmless the Contractor for all claims and losses of
whatever kind and nature, including all related costs and expenses incurred in connection
therewith, in respect of personal injury to or death of third parties or of any person employed
by the Contractor in respect of loss of or damage to any third party property or property
belonging to any person employed by the Contractor to the extent that the same arises out
of any Employer’s Risk
7.3. Accidents or Injury to Workmen
7.3.1. The Contractor shall indemnify, defend and hold harmless the Employer or any Employer’s
Personnel against any and all claims for loss, damage and expense of whatever kind and
Section 3: Conditions of Contract for Operation & Model STP
nature (including all related costs and expenses) in respect of the death of or injury to any
person employed by the Contractor in connection with the performance of the O&M
Services and obligations hereunder except to the extent that such death or injury is
caused by an Employer’s Risk.
7.3.2. Neither Party shall be liable to the other Party for loss of use of the Facilities, loss of profit,
loss of any contract or for any indirect or consequential loss or damage which may be
suffered by the other Party in connection with the Contract, other than under Sub-Clause
[13] and this Clause [7].
7.3.3. The total liability of the Contractor to the Employer, under or in connection with these
Conditions other than as provided in Clauses 7.3.2 & 14 shall not exceed the sum of the O
& M Price and the Delay Damages payable under these Conditions.
7.3.4. This Sub-Clause shall not limit liability of the Contractor in case of fraud wilful default, gross
negligence and liabilities arising due to breach of Applicable Law and the liability under any
other Clause of these Conditions that might impose a greater liability on the Contractor
8.1. General Provisions
8.1.1. The Employer may check the operation of the Facilities or designate an organization of his
choice to carry out inspections regularly. The Employer or the organization appointed by
him shall check that the Contractor is performing the tasks for which he is responsible with
due diligence. The Contractor shall at his cost provide all the assistance the Employer
requires to complete these inspections
8.1.2. Before any inspection, the Employer shall give prior notice to the Contractor, indicating the
name(s) of the person(s) empowered to carry out such inspection in the name of the
8.2. Measurement and Analysis
8.2.1. The Employer has the right to perform any analysis or inspection he deems necessary.
Before any inspection, the Employer shall give a prior written notice to the Contractor.
8.2.2. The sewage quantity, for any such test, analysis or inspection shall be measured by flow-
meters installed at the Facility, which are acceptable to the Employer, provided they are
maintained and calibrated as per requirements of this contract.
8.2.3. Other parameters like Pressure temperature and speed shall be measured by certified
calibrated meters provided by the contractor and, which are acceptable to the Employer
8.2.4. The flow meters shall be inspected and certified upon their availability by the Employer and
the Contractor. Thereafter, the said meters shall be tested, and their accuracy verified once
in every six (6) months by the Contractor. After each inspection, the flow-meters shall both
be sealed in the presence of representatives of the Employer and the Contractor in a
manner that is adequate to prevent the tampering of said meters by any person.
8.2.5. The Contractor shall be responsible for the security and protection of flow-meters at the
designated point. If there is any malfunctioning of the meters, it should be repaired at the
Contractor’s cost, as per manufacturer’s technical recommendations.
8.3. Plant Complex Visits
8.3.1. At the end of each month, or at the initiative of the Employer, a visit shall be organized so
that both parties can check the condition of the installations at the facilities.
Section 3: Conditions of Contract for Operation & Model STP
8.3.2. A report shall be drawn up to record the opinions of both Parties. The Employer reserves
the right to call in equipment manufacturers or specialized technicians for these visits.
8.3.3. These visits shall provide an opportunity for examining maintenance programs and
operating procedures and improvements requiring additional investments.
8.3.4. Any test, visit, analysis or inspection and any approval thereof shall not in any way
alter/modify or dilute the responsibility of the Contractor to fulfil his obligations under these
9. RECORDS AND REPORTS
9.1. Operating Records and Data- The Contractor shall:
9.1.1. Prepare and maintain, on a current basis and in accordance with generally accepted Indian
accounting principles, proper, accurate and complete books and records and accounts of
all transactions related to the Facilities including a log book at the site which shall contain
inter alia the following details
a) Reading from the different meters, indicators and recorders (including but not limited
to consumption of energy, volume of water conveyed, operating times of the different
items of equipment etc which may be updated on a daily basis); and
b) Report of visits by persons other than those of the Employer and the Contractor to the
9.1.2. Establish and maintain a weekly and monthly reporting system to provide storage and ready
retrieval of operating data relating to the Facilities, including such information necessary to
verify calculations made pursuant to these Conditions or the O & M part of contract and
provide the same to the Employer on a monthly basis
9.1.3. Provide to the Employer or such persons notified by it access to the Facilities and to data in
relation to the Facilities, at all times.
9.1.4. At the Employer’s request, at the end of every month, make a copy of the system
performance data for that month as recorded by the instrument and control system on CDs
/ DVDs and printed document there from and deliver the same to the Employer with one
9.1.5. Provide support to the Employer to meet the data requirements of all competent authorities
and under Applicable Law
9.2.1. The Contractor shall submit the reports mentioned in Schedule [2] at times indicated in the
9.2.2. The Contractor shall also provide the Employer with such reports as are required by the
Employer and shall comply with all reporting requirements prescribed under these
Conditions and the O & M part of contract. In addition, the Contractor shall submit the
following information to the Employer.
9.2.3. Upon obtaining knowledge thereof, shall submit prompt written notice of:
a) Any litigation or material claims, disputes or actions, threatened or filed, concerning
the Facilities or the services to be performed hereunder;
Section 3: Conditions of Contract for Operation & Model STP
b) Any refusal or threatened refusal to grant, renew or extend or any action pending or
threatened that might affect the granting, renewal or extension of any clearance,
permit or license;
c) Notwithstanding the aforementioned materiality, all penalties or notices of violation
issued by any authority under Applicable Law;
9.2.4. The Contractor shall promptly submit to the Employer any material information concerning
new or significant aspects of the operations of the Facilities, any material complaint about
the Facilities from any person or entity with a bonafide complaint who complains directly to
the Contractor and, upon Employer’s request, shall promptly submit any other information
concerning the Facilities or the services performed by the Contractor.
9.2.5. The Employer may from time to time specify any changes to be made to any of the format
of any report or plan required hereunder.
9.2.6. If the Contractor is required by any Applicable Law to produce any projection, report or any
other document relating to the provision of the O & M Services of the Facilities or the
Employer requests a report regarding other information relating to the Facilities, the
Contractor shall prepare a draft of such document at the request of the Employer, as soon
as practicable and in any event within any time limit prescribed by Applicable Law.
9.2.7. If the Contractor is required by any Applicable Law to produce any projection, report or any
other document, it shall prepare such report diligently and submit the same to the Employer
as soon as possible thereafter. Wherever practicable, such reports shall be submitted to the
Employer for review seven days before the same is issued. The Contractor shall take into
account any comments or revisions proposed by the Employer thereon.
9.3. Procurement
9.3.1. The Contractor is responsible for the procurement of all goods and services necessary to
ensure compliance with its obligations under these Conditions.
9.3.2. The Contractor shall procure and keep in readiness spare parts required for urgent repairs,
materials, supplies and other consumable items, and maintains an adequate inventory
thereof Facilities.
9.3.3. The Contractor shall submit a report for every fiscal quarter to the Employer reflecting the
status of the inventory for spare parts, materials and other consumable items.
9.3.4. The Contractor shall procure the Chlorine Gas Tonners. Necessary arrangement for
procurement of Chlorine Gas in tonners / cylinders shall be made by the contractor. No
extra charges shall be paid for hiring / Purchasing the tonners / Cylinders. The contractor
shall ensure adequate storage of these materials, so that operations of the facilities do not
affect for want of these materials.
10.1.1. The Contractor’s request(s) for payment shall be made to Employer in writing, accompanied
by invoice(s) along with presence sheet of personnel of particular month duly certified by our
Engineer on site, claims etc. as appreciate.
10.1.2. Payment shall be made by Employer as per prevailing procedure subsequent to the
submission of such invoice(s) / claim(s) by the Contractor.
10.1.3. Employer will deduct from the amount payable to the Contractor any amount paid by
Employer on behalf of the Contractor (e.g., electricity penalty charges levied by Electricity
Section 3: Conditions of Contract for Operation & Model STP
Board for non conformance of desired Power factor or any other dues and liquidated
damages as per clause and, as per tender terms and condition. Any telephone bills charged
by telephone department towards Contractor's usage, the payment of telephone bills will be
made by Contractor.)
10.1.4. Contractor will provide Security Guards services for all assets in plant STP premises for
hours of a day and 365 days of the year for the whole contractor period’.
11. Additional Conditions:
a) The analysis for the Plant Performance Evaluation for Commissioning Certificate,
Defect Liability Phase and Operation & Maintenance, should be carried out at the
Third Party Reputed Laboratory as per the Engg-In- Charge Approval. Note-
i) The above stated analysis requirement are in addition to the routine analysis
for commissioning or regular course of operation as per the tender document
and can be done at plant scale.
ii) The Charges for the Third Party Laboratory Testing to be borne by
iii) The frequency of Sampling for
• Completion/ Commissioning - Three(3) Composite Samples for a day, for
Three(3 ) Consecutive Days (72 Hours)
• Operation & Maintenance - Four (4) Nos. of Composite Sample for a day
iv) During trial run all sampling charges (Raw waste water & Treated sewage at
Outlet of CCT) for third party laboratory testing shall be borne by Contractor.
Frequency of testing shall be every fortnight from date of start of Trial run.
b) The statutory Charges from Gujarat Pollution Control Board (GPCB) or Central
Pollution Control Board (CPCB) or any other Authority for any Compliance should be
paid by the Contractor on behalf of Client and would be reimbursed by client at actual.
c) Any Penalty imposed by GPCB/CPCB/ or any other Authority for Non-compliance of
Effluent Quality Standard shall be recovered from Contractor at two times of the
12. FORCE MAJEURE
In this Clause, ‘Force Majeure’ shall mean an event or circumstance, which materially and
adversely affects the ability of the affected Party to perform its obligations.
a) which is beyond a Party’s control,
b) which such Party could not reasonably have provided against before entering into the
O & M part of Contract;
c) which, having arisen, such Party could not reasonably have avoided or overcome,
d) which is not attributable to the other Party
Force Majeure may include, but is not limited to, exceptional events or circumstances of the
kind listed below, so long as conditions (a) to (d) above are satisfied:
Section 3: Conditions of Contract for Operation & Model STP
a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies)
b) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war,
c) riot, commotion, disorder, strike or lockout by persons other than the Contractor’s
Personnel and other employees of the Contractor;
d) As result of war, explosive materials, harmful radiation or contamination by radio-
activity, except as may be attributable to the Contractor’s use of such munitions,
explosives, radiation or radio- activity, and
e) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.
Heavy rainfall, cyclone, strike and lockout.
12.1. Notice of Force Majeure
12.1.1. If a Party is or will be prevented from performing any of its obligations under these
Conditions by Force Majeure, then it shall give notice to the other Party of the event or
circumstances constituting Force Majeure and shall specify the obligations, the
performance of which is or will be prevented. The notice shall be given within 7 days after
the Party became aware, or should have become aware, of the relevant event or
circumstance constituting Force Majeure.
12.1.2. The Party shall, having given notice, be excused performance of such obligations for so
long as such Force Majeure prevents it from performing them.
12.1.3. Notwithstanding any other provision of this Clause, Force Majeure shall not apply to
obligations of either Party to make payments to the other Party under the Contract.
12.2. Duty to Minimize Delay
12.2.1. Each Party shall at all times use all reasonable endeavors to minimize any delay in the
performance of the Contract as a result of Force Majeure.
12.2.2. A Party shall give notice to the other Party when it ceases to be affected by the Force
12.2.3. Notwithstanding anything else herein contained the Employer may terminate the O & M part
of contract if the Force Majeure event continues for more than a period of 90 days.
13. TERMINATION:
Termination shall mean the termination of the O&M part of Contract by the Employer or
the Contractor in accordance with Clause 13.1 or 13.2 respectively.
13.1. Termination by Employer
The Employer may terminate the O & M part of Contract by notice on:
a) the dissolution or insolvency of the Contractor, pursuant to an order of a court or the
bankruptcy of the Contractor; or;
b) if 45 days having passed since the Contractor is in material breach of his obligations
under these Conditions, or
c) if the Contractor ceases to carry on its business; or
d) abandonment;
Section 3: Conditions of Contract for Operation & Model STP
e) the subsisting Force Majeure event as provided in Clause 12.2.3 above.
13.2. Payments upon Termination
13.2.1. Upon termination or as soon as practicable thereafter an account shall be taken of the net
amount owing from the Employer to the Contractor or from the Contractor to the Employer
(as the case may be). The Employer shall forthwith pay to the Contractor (if the balance is
due to the Contractor) all moneys due to the Contractor. If the account shows a balance
due to the Employer from the Contractor, the Contractor shall forthwith pay any such
balance to the Employer;
13.2.2. As part of the calculation made pursuant to clause 13.1 of the amounts due to the Contractor
on Termination, the following amount shall be taken into account.
a) The portion of the O & M Price outstanding and payable by the Employer for the period
prior to the Termination;
b) Any Delay Damages or indemnities for which the Contractor would be liable under
these Conditions upto the date of Termination;
c) Any other amounts due to the Employer under these Conditions by the Employer
including return of any amount of the O & M Price paid in advance by the Employer
to the Contractor under Clause [10].
13.3. In case of a Termination by the Employer in accordance with Clause 13.1 the Employer
may recover other than the amounts due to him under Clause 13.2.2 any costs incurred
by him in finding any replacement contractor
13.4. Successor to the Contractor Upon Termination:
13.4.1. The Contractor shall use all endeavors to facilitate the appointment and commencement of
duties of any person to be appointed by the Employer to operate and maintain the facilities
(the “Successor Contractor”) so as not to disrupt the normal Operation & Maintenance of
the Facilities and shall provide full access to the Facilities and to all relevant information,
data and records relating thereto by the Successor Contractor and its representatives and
accede to all reasonable requests made by such persons in connection with preparing for
taking over the Operation & Maintenance of the Facilities;
13.4.2. Promptly after Termination, the Contractor, shall deliver to (and shall, with effect from
Termination, hold on trust for and to the order of) the Employer or (if so required by the
Employer by written notice) to the Successor Contractor all property in its possession or
under its control owned by the Employer or leased or licensed to the Employer;
13.4.3. The Contractor shall transfer to the Successor Contractor, as from the date of Termination,
its rights as the Contractor under all contracts entered into by it in the performance of its
obligations under these Conditions or relating to the Operation & Maintenance of its
obligations under these Conditions or relating to the Operation & Maintenance of the
Facilities. Pending such transfer, the Contractor shall hold its rights and interests there
under for the account and to the order of the Successor Contractor.
13.4.4. The Employer shall be reimbursed any cost and expenses incurred by the Employer due to
default of the Contractor in discharging its obligations under this Clause [13].
13.4.5. The Contractor shall, upon Termination of the O & M part of Contract, co-operate with the
Employer and the Successor Contractor and comply with all reasonable requests thereof,
including the execution of documents etc.
Section 3: Conditions of Contract for Operation & Model STP
13.4.6. Upon Termination of the O & M part of Contract on expiry of the terms of the O & M part of
Contract, the Parties agree that:-
13.4.7. The Contractor will use reasonable efforts to ensure a transition to the next Contractor that
will avoid operating difficulties for the Facilities.
13.4.8. For a six (6) month period after Termination or six (6) months prior to the expiration of the
O&M part of Contract, the Contractor shall, at his expense, provide sufficient assistance to
the Employer in the hiring and training of replacement personnel for those Facilities.
13.5. Notwithstanding anything else herein contained the Employer shall be entitled to terminate
the O & M part of Contract, at any time at the Employer’s convenience, by giving notice of
such termination to the Contractor. The termination shall take effect 28 days after issuance
of the notice of termination.
13.5.1. On the expiry of the O & M part of Contract or Termination of the O & M part of Contract, all
the installations, works and equipment placed under the Contractor’s responsibility shall be
handed over to the Employer, at no cost, in good working order, except for normal wear and
tear. The Employer may perform any inspections, tests or expert appraisals he shall
consider necessary with a view to checking that the property is in good working order. The
Contractor shall also hand over any unutilized spares, consumables etc. purchased for the
13.5.2. At the end of O & M Period, the Contractor shall be entitled to receive an O & M Completion
Certificate within thirty (30) days
13.5.3. The delivery of such O & M Completion Certificate will relieve the Contractor from his
responsibility as regard to the operation & maintenance of the Facilities and confirm that the
Contractor has fulfilled all of his obligations under these Conditions.
14. CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS
14.1. Confidential Information - Subject to Clause [14.2], the Contractor shall at all times during
the O & M Period and for a period of two years after that:
14.1.1. use all efforts to keep all information regarding the terms and conditions and any
data or information acquired under or pursuant to these Conditions confidential and
accordingly shall not disclose the same to any other person; and
14.1.2. not use any document or other information (whether technical or commercial) obtained
by them it by virtue of these Conditions or the Contract concerning the Employer’s
undertaking for any purpose other than performance of the its obligations under these
14.1.3. Provided that the provisions of this Clause 14.1 shall not apply to information, which
at the time of disclosure was in the public domain other than by breach at the foregoing
14.2. Disclosure of Confidential Information - The Contractor shall not be entitled to
disclose the terms and conditions of these Conditions and any data or information
acquired by it under or pursuant to these Conditions without the prior written consent of
the Employer unless such disclosure is made in good faith:
14.2.1. to any outside consultants engaged by or on behalf of the Contractor and acting in that
capacity, having made them aware of the requirements of this Clause [14].
Section 3: Conditions of Contract for Operation & Model STP
14.2.2. to the lenders, any security trustee, any bank or other financial institution and its advisers
from which the Contractor is seeking or obtaining finance, having made them aware of the
requirements of this Clause [14].
14.2.3. to the extent required by Applicable Law;
14.2.4. to any insurer under a policy of insurance; or
14.2.5. to the Contractor’s Personnel having made them aware of the requirements of this Clause
14.3. Information - The Contractor shall:
14.3.1. make available to the Employer without charge such materials, documents and data of
any nature (except any materials documents and data protected by legal privilege or which
is subject to any duty of confidentiality to any third party) acquired or brought into existence
in any manner whatsoever by it as the Employer may request for the purposes of exercising
its rights or carrying out its duties in respect of the Facilities or exercising its rights under
or performing its obligations under these Conditions.
14.3.2. make available to the Employer other such materials and documents and data acquired or
brought into existence by third parties as the Employer may request for the purposes
referred to in sub-paragraph (i) above
14.4. Third Party Intellectual Property - The Contractor shall:
14.4.1. procure that any intellectual property owned or developed by third parties and utilized by
the Contractor in connection with the performance of its obligations under these Conditions
is licensed to the Contractor for the purposes of the Operation & Maintenance or repair of
the Facilities and otherwise for the purposes of the Facility; and
14.4.2. Ensure that the Contractor shall have the right to sub‐license that intellectual property to the
Employer and any Successor Contractor for use in connection with the operation,
maintenance and repair of the Facilities. These licenses should survive termination under
these Conditions. The Contractor shall grant all such sub‐licenses. If any fee is payable to
the licensor in consideration of any such sub‐license, the Contractor shall pay such amount
during the O & M Period and each such license shall be irrevocable
14.4.3. Indemnify and hold harmless the Employer against any action, claims, damages, losses
caused to the Employer by the owner of the Intellectual Property due to the allegedly
unauthorized or improper use of this intellectual property by the Contractor for the fulfilment
of his obligations under these Conditions.
14.5. Successor Contractor
If the licenses and sub-licenses of intellectual property granted under this Clause
respectively shall survive termination of the O & M part of contract in accordance with the
terms of this Clause, the Employer shall be permitted to grant sub-licenses of intellectual
property licensed to it there under to any Successor Contractor of the Facilities for use only
in connection with the operation, maintenance and repair of the Facilities provided that such
Successor Contractor concludes an agreement with the Contractor or, as the case may be,
the licensor of any such intellectual property on terms which it may reasonably require any
payment in connection with those sub-licenses. Where intellectual property has been sub-
licensed to the Employer under this Clause and such sub-license is not subject to revocation
by the Contractor there under, the Contractor shall take such actions as the Employer may
request in connection with the grant of licenses to any Successor Contractor for the
purposes set out above.
Section 3: Conditions of Contract for Operation & Model STP
15. ARBITRATION AND DISPUTE RESOLUTION
15.1. SETTLEMENTS OF DISPUTES:
15.1.1. If any dispute of any kind whatsoever may arise between the Employer and the Contractor
in connection with or arising out of the Contract, including without prejudice to the generality
of the foregoing any question regarding its existence validity or termination, or the execution
of the works whether during the progress of the work or before or after the termination,
abandonment or breach of the contract, the either parties shall have to raise/ refer their
disputes/ differences / claims in writing to the other party, within a period of 30 days on
occurrence of such events, to resolve any such dispute or difference.
15.1.2. The contractor shall have to refer their disputes to the concerned Superintending Engineer.
After receipt of the dispute from the contractor under this clause, the Superintending
Engineer In-charge of works shall have to submit their report to the Chief Engineer within a
period of 90 (Ninety) days. The Chief Engineer shall offer an opportunity to the contractor
to be heard and to furnish evidence in support of their disputes within 30 (Thirty) days after
the receipt of the disputes duly compiled by Superintending Engineer. After hearing the
contractor regarding their disputes along with their documentary support and the concern
Superintending Engineer & Executive Engineer in charge of the work, the Chief Engineer
shall give decision within a period of 120 (One Hundred Twenty) days or the contractor is
dissatisfied with the decision within 120 (One Hundred Twenty) days after the contractor
has been heard. If The Chief Engineer does not give decision within 120 (One Hundred
Twenty) days or the contractor is dissatisfied with the decision of the Chief Engineer, the
contractor shall within 30 (thirty) days after receiving the instruction or decision, appeal to
the Member Secretary, EMPLOYER. After hearing both the parties the Member Secretary,
EMPLOYER will give reasonable decision within 180 (One Hundred Eighty) days from the
date of receipt of appeal by the contractor. The decision of the Member Secretary,
EMPLOYER shall be final and binding on both the parties. If the Member Secretary,
EMPLOYER does not give decision within 180 (One Hundred Eighty) days after the date of
appeal by the contractor, the contractor will have right to refer the dispute to arbitration
tribunal as per provision of clause “Arbitration”.
15.2. ARBITRATION:
15.2.1. Subject to Clause (A) mentioned above and in the event of any dispute or difference arising
out of or in any way relating to all concerning these contracts or the construction or effect of
these contracts shall on the initiative of either party to the contract be referred to “The
Arbitration Tribunal Constituted Under The Provision Of Gujarat Public Work Contract
Dispute Arbitration Tribunal Act, 1992”.
15.2.2. The arbitration shall be conducted in accordance with the provisions of the “Gujarat Public
Work Contract Dispute Arbitration Tribunal Act, 1992” or statutory modifications there on.
The Arbitration shall be held at such place and time as the Tribunal may determine.
15.2.3. The decision of the tribunal shall be final and binding upon both the parties. The expenses
of the arbitration shall be paid as may be determined by the Tribunal.
15.2.4. Performance of the contractor under the contract shall if reasonably be possible, continue
during the arbitration proceedings and payments due to the contractors by the owner shall
not be withheld, unless they are the subject matter of the arbitration proceedings.
15.2.5. The dispute is deemed to have arisen on the date, on which Member Secretary,
EMPLOYER shall not give his decision as mentioned above in Clause (A) or in the case of
intimation of any decision, the Contractor intimates in writing that he has finally refused to
accept the offer made by the Employer.
Section 3: Conditions of Contract for Operation & Model STP
15.2.6. Where any dispute arises between the parties to the work contract either party shall
irrespective of whether such works contract provides for any arbitration or not, refer, within
one year from the date that Member Secretary, EMPLOYER has not given the decision as
per Clause (A) such dispute in writing to the Tribunal for arbitration in such form and
accompanied by such documents or other evidence any by such fees, as may be prescribed.
15.2.7. Legal jurisdiction: All question relating to this Tender shall be governed by the law of India
and shall be subject to jurisdiction of court at Gandhinagar, Gujarat.
16. GOVERNING LAW AND JURISDICTION
These Conditions and the O & M Part of Contract shall be governed in accordance with
The Contractor agrees that any legal action or proceedings arising out of these Conditions
may be brought in the courts or tribunals at Gandhinagar in India and irrevocably submits
themselves to the jurisdiction of such courts or tribunals. The Employer may, however, in
its absolute discretion commence any legal action or proceedings arising out of these
Conditions in any other court, tribunal or other appropriate forum, and the Contractor hereby
consents to such jurisdiction.
17. MATERIAL, TOOLS AND TEST EQUIPMENTS:
All materials required for the O&M of the project shall be new and of best quality and suitable
for the purpose intended. These shall be got approved from the Engineer in charge before
17.1. Electricity Supply:
Contractor shall keep good liaison with Power Supply Company for power supply in case of
electric power failure (break down/shut down) it shall be the responsibility of the agency to
inform all the concerns as well as to contact concern authorities to restore the power supply.
The vehicle kept at site by the contractor shall be provided for this purpose along with
operation and maintenance staff in case of requirement as per direction of Engineer in
charge or his representative without any extra claims.
17.2. Work Order Book
A bound half sheet size work order book shall be provided by the contractor and handed
over to the owner for maintaining at the work site. This shall be a permanent record. The
contractor or his Resident engineer shall sign against instructions & orders recorded by the
Engineer in charge or his representative for the maintenance work. He may take out a copy
thereof if necessary. He shall take prompt action as per the instruction/orders of the owner
and necessary compliance shall be recorded against each instruction/order
17.3. Electrical Installations
All electrical work shall be carried out as per the provisions of Indian Electricity Act, Indian
Electricity Rules, Instructions and requirement of authority/ authorities i.e. Electrical
Inspector and Concerned Electricity Board or as mentioned in the Tender document.
17.4. Accident on the works
The contractor shall be fully responsible for any accident that may occur to the labour on
his work on duty and report the same to the Engineer in charge and concerned Govt. labour
department authority and shall pay all necessary compensation as per rules.
Section 3: Conditions of Contract for Operation & Model STP
Contractor shall also be fully responsible for any loss to any individual or public property
occurred due to him or his workers negligence under the scope of this contract.
17.5. Use of site
The contractor shall not unreasonably encroach the site with materials and equipment.
The contractor shall not use land for any private purpose.
17.6. Compliance
The contractor shall be bound by all ordinance acts, codes, rules, regulations and orders of
which in any way affects conduct of works, or workmen engaged for the work. The
contractor shall be responsible for any violation of any govt. rules & regulations. It shall be
the responsibility of the contractor against any claim or liability arising from violation of
17.7. Accommodation for Staff
Contractor shall provide necessary accommodation to their labours & engineers at his own
17.8. Transportation
Contractor shall have to make his own arrangements for conveyance of his staff at his cost.
No facility will be provided by the owner.
Contractor shall provide medical facility to his staff at his cost.
18. CONTRACTOR’S STAFF & THEIR CONDUCT ETC.:
18.1. Nationality & Address
All employees shall be Indian Nationality and it shall be contractor’s responsibility to give
temporary and permanent address: Convicted or penalized person shall not be employed.
18.2. Salary to Employees
Contractor shall strictly follow labour laws and shall also ensure regular monthly salary
payment to his staff. The owner will not take any liability of any of his employees appointed
for operation and maintenance under this contract. Contractor shall submit monthly
certificate for full payment to his staff on or before 10th of every month. Owner reserves the
right to conform the contents of the certificate from contractor’s employee for their last pay.
The owner will not be responsible for any delayed payment/ compensation/ overtime or any
other claims by employees of contractor during the tender period and even after the tender
18.3. Identification Dress Code with Badge/ Identity Card
Contractor shall have to provide special dress code with identification badge with name
plate strip to be displayed on front pocket to each staff as approved by Engineer in
charge along with Identity Card etc.
18.4. Holidays and Leave
Holidays and leaves shall be given to staff as per relevant labour rules. During holidays/
causal leave/earned leaves etc. and contractor shall arrange for the substitute. The owner
Section 3: Conditions of Contract for Operation & Model STP
shall not make any separate payment of overtime for these substitutes provided by the
contractor during above periods.
All employees of the contractor shall follow the instruction of Engineer in charge. If any
employee misbehaves with Engineer in charge he/she shall be immediately removed from
duty and substitute for that shall be employed by the contractor. If contractor fails to do so,
non-refundable penalty of Rs.200/- (Rupees Two hundred only) per day per such case will
be levied, this amount shall be recovered from the bill or any due amount of agency.
The plant is one of its own kinds. Visitors are expected to visit this plant. It is expected
that all staff and Engineers be present and follow the directives of Engineer in charge.
Section 3: Conditions of Contract for Operation & Model STP
Operation and Maintenance Services
The Contractor shall be required to perform the following services under these Conditions:
1) The Contractor shall be responsible for corrective and preventive maintenance of civil,
hydraulic, mechanical, and electrical and instrumentation equipment as well as miscellaneous
equipment of the facility.
2) The Contractor shall be responsible for carrying out regular servicing and lubrication of rotary
machines, complying with maintenance instructions as defined in the Operation and
Maintenance Manual and ensuring that electromechanical equipment and motors operate
correctly at all times.
3) The Contractor shall ensure that all measurement systems are calibrated, within the valid
period of certification and operate correctly at all times.
4) The Contractor is responsible for the maintenance of the internal plant roads, landscaped
areas inside the Employer plant fences.
5) The Contractor shall be responsible for maintenance of civil structures including primary and
secondary treatment, pump houses, plant pipelines, administration buildings, chlorine building,
sludge dewatering building, garages, pipeline works, Pumping Station and other structure at
6) The Contractor will operate and maintain in a state of continuous operational readiness
all plant and systems to meet the flow requirements. It shall remain the Contractor’s
responsibility to ensure that plant systems are at all times able to operate to the designed
capacity of plant.
7) Provided here are certain standard services that EMPLOYER could require. However,
EMPLOYER may wish to review this and make changes depending on the exact nature of
services they require from the Contractor.
8) The Contractor shall be entitled to appoint a representative who shall together with Employer’s
Representative on the last day of each month or if such day is not a working day on the
following day, jointly carry out a reading of water meters and jointly certify the record of such
9) For the duration of the O & M period, the Contractor will be responsible for the supply and
control of lubricants, spare parts and consumable materials excluding Electrical Power,
necessary for the continuous operation of the works.
10) The Contractor will manage the consumables and utilities services to ensure their most
economic consumption and to minimize wastage.
11) The quantities of all the unutilized spare parts and consumable materials will be fully handed
over to the Employer at the end of the O&M period.
12) The stores inventory, the issuing and recording of spare parts will be the responsibility of the
13) The Contractor is also responsible for providing spare parts and material required for the
operation and maintenance during the operation period, and shall bear the cost for the same,
including the cost of storing and safeguarding.
Section 3: Conditions of Contract for Operation & Model STP
14) The Contractor will make all necessary arrangements to ensure the continuous supply of spare
parts and material for the works; and the rate of advance supply of these materials shall be in
such quantities and amounts as would ensure uninterrupted operation.
15) All the furniture and administrative office equipment etc. required shall be furnished by the
Contractor. Costs of operating administrative office and supplies shall be borne by the
16) The Contractor shall take out subscriptions for standard telephone lines / wireless sets etc.
Running cost for the telephone / wireless sets will be borne by the Contractor. The Key
maintenance staff should have mobile phones in operating conditions for better co-ordination
of the maintenance activities.
17) Cost of operation and maintenance and housekeeping of housing complexes including
domestic water supply and drainage, roads, gardens, electrical installations, etc. will be borne
by the contractor.
18) The Contractor will provide staff personnel for the full term of O & M as per schedule of
establishment given in Section
19) Contractor has to do painting to all Civil Structures including pipeline, channels, etc. with the
same quality of paint used while construction of the structures or as directed by Employer at a
regular interval of every two years.
20) All Aeration Blowers working hrs shall be recorded in PLC / SCADA system. Report of the
same shall be attached by Contractor along with monthly bill of O&M.
Section 3: Conditions of Contract for Operation & Model STP
1) MONTHLY REPORT
The monthly report shall include but not be limited to:
Volume of Sewage treated
Inlet and outlet sewage characteristics and any other data required by the Engineer in Charge
All the problem areas in the facility,
O & M works carried out during the month.
Monthly materials consumption statement
2) ANNUAL REPORT
The Contractor shall provide the Employer by March 31 of the current year (n) with an annual
report for the preceding year (n- 1). This report shall include:
*A statement of works carried out during the preceding year n- 1 in connection with the
contractor’s obligations under these conditions.
NOTE: The Employer may consider if it requires these reports or requires reports and provide
for the same. This will need to be looked at in the light of reporting requirements in these
Conditions. The Employer will also need to determine what information is required in these
Section 3: Conditions of Contract for Operation & Model STP
Insurance against Injury to Persons and Damage to Property:
1) The Contractor shall insure against each liability for any loss, damage, death or bodily injury
which may occur to any physical property (mechanical, electrical, automation work, all civil works,
Storage etc. excluding pipe line) or to any person which may arise out of the Contractor’s
performance of his obligations under these Conditions during the O & M Period.
2) This insurance shall be for a limit of per occurrence of not less than the amountof Rs. 5 lakh, with
no limit on the number of occurrences.
3) Insurance for Contractor’s Personnel
4) The Contractor shall effect and maintain insurance against liability for arising from injury,
sickness, disease or death of any person employed by the Contractor or any other of the
Contractor’s Personnel.
5) The Employer shall also be indemnified under the policy of insurance, except that this insurance
may exclude losses and claims to the extent that they arise from any act or neglect of the
Employer or of the Employer’s Personnel.
6) Contractor shall have to take insurance for Electrical, Mechanical and instrumentation equipment
under this packages and whereas the insurance of other component like sump, pipeline will be
optional. This General Insurance for the work will be in the name of EMPLOYER. The
depreciated value is to be considered for the purpose of insurance for respective year. The
insurance for skilled, semi- skilled and unskilled labour is compulsory. The same should be taken
by agency as per labour act laws in force.
Section 3: Conditions of Contract for Operation & Model STP
SPECIAL CONDITIONS OF CONTRACT
FOR OPERATION & MAINTENANCE
TECHNICAL CONDITIONS
1) The operation and maintenance of all the works included in this tender as per details given
should be carried out by contractor at his own cost.
2) All electric bills for operating all plant and equipment installed in this contract will be paid by
the EMPLOYER/ULB.
3) All the required electrical goods / fixtures like bulb, tube light, chock, starter, fuse, wire etc.
required for operation and maintenance shall be procured by contractor at his own cost and
lighting arrangement should be kept in good condition.
4) Any type of valve or part of the valve not working properly after repairing and requires
replacement, as per opinion of Engineer in Charge or his representative, then required valve
will be replaced by the Contractor.
5) During the period of contract, a person other than responsible representative of contractor or
persons employed by him should not enter into the premises of the STP site. Every care
should be taken by contractor to prevent such type of unauthorized entry or interruption in
the premises or surrounding the property STP.
6) At any time during the visit of Engineer in charge or his representative if it is observed that
the operation and maintenance is not carried out properly, Sewage treatment is stopped and
contractor is responsible for it recovery will be made at double rate of contract for that
particular day or contract will be terminated.
7) All the works executed under this project & covered in the scope of this tender will be deemed
to have handed over to contractor from the date of successful commissioning of the facility.
Proper operation and maintenance of the same works/ components shall be carried out by
contractor and at the time of completion of contract period or termination of contract,
contractor should have to give possession of all the work and components back to
EMPLOYER in good condition. Before handing over the possession to ULB in-consultation
with EMPLOYER, account of contract will not be finalized and deposit will not be refunded to
contractor. For all type of legal activities and expenditure for the same, contractor will be fully
8) During the period of contract for any type of dispute, decision of Client, will be final and
binding to both the parties.
9) Prescribed registers as maintained by agency during the period of operation and
maintenance period shall be submitted to the EMPLOYER.
10) Proper care is to be taken by contractor to keep neat and clean. Every component of head
work sites and maintenance of all the components shall be done by contractor.
11) Servicing of all the piping & valves cleaning of all civil works and maintenance shall be carried
out regularly by contractor and entered into the concerned registers.
12) History sheet shall be maintained by contractor for replacement of material in
pipeline, or valves, spare parts of Electro-mechanical equipment.
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