Major repairing and maintenance work of ML Gangotri at New Port Bhavnagar

Name of Work: Major repairing and maintenance work of ML Gangotri at New Port

Rs: 10,06,508/- (excluding GST)

Executive Engineer (M), Project Implementation Unit, GMB,

Block No.3, Room No.5 & 6, Port Colony No.2

Bortalav, Nr Balvatika BHAVAGAR-364003,

Phone No. 0278-2446627

Email: [email protected]

EXECUTIVE ENGINEER (M),

PIU, BHAVNAGAR.

M&R work of ML Gangotri at New Port, Bhavnagar

Description Page No.

1. Notice Inviting Tender

2. Introduction

3. Instructions to Bidder

6. Scope of Works

7. General condition

8. Special condition

Please read as:-

(1) GUJARAT MARITIME BOARD instead of Gujarat State.

(2) Vice Chairman and Chief Executive Officer, GMB instead of Governor of Gujarat.

Executive Engineer (M)

M&R work of ML Gangotri at New Port, Bhavnagar

NOTICE INVITING ONLINE TENDER (NIT)

Department Name :- Gujarat Maritime Board

Circle :- Superintending Engineer (M)

Head of PIU, GMB, Gandhinagar -382010

Division :- Executive Engineer (M), PIU, GMB, Block

No.3,Room No.5&6, Port Colony No.2

Bortalav, Nr Balvatika BHAVAGAR-364003,

Phone No. 0278-2446627

IFB No. :- Tender Notice No. 10 of 2026-27

Name of Project :- Major repairing and maintenance work

of ML Gangotri at New Port - Bhavnagar

Name of Work :- Major repairing and maintenance work

of ML Gangotri at New Port - Bhavnagar

Estimated Contract Value (INR) :- Rs. 10,06,508 (Exclusive of GST)

Contract Period (in Months) :- 02 Months

Bidding Type :- Open

Bid Call (Nos.) :-

Tender Currency Type :- Single

Tender Currency Settings :- Indian Rupee (INR)

Joint Venture :- Not Applicable

Bid Document Fee :- Rs. 1062/-in the form of DD only (Incl.

Bid Document Fee Payable To :- Bid document fees - Demand Draft must be in

favor of "GMB - Non PLD Account"payble at

Bid Security / EMD (INR) :- Rs.11,877/-In form of FDR (Incl. GST)

Bid Security / EMD in favour of :- Executive Engineer (Mech), PIU, Gujarat

Maritime Board Payable at Bhavnagar in

form of FDR only.

Bid Document Start Date :- 23/06/2026, hrs. 12.00 onwards

Bid Document End Date :- 07/07/2026 hrs.

Last Date & Time for Receipt :- 07/07/2026, hrs.

(Submission) of Bids

Bid Validity Period :- Validity period of price shall be of 120 days

from date of opening of price bid.

Submission of documents through RPAD The Bidder will have to submit following

or speed post only to following office. documents in a sealed envelope up to

14/07/2026 up to office hours.

ADDRESS: The envelope must be superscripted with

Executive Engineer (M), GMB, name of work.

Bortalav port colony no.2, Block no 3, (1) Letter of Application

Nr Balvatika, Bhavnagar-364003 (2) DD for Tender fee

(3) FDR for EMD

(4) PAN, GST registration

M&R work of ML Gangotri at New Port, Bhavnagar

(5) Bank Solvency Certificate of Rs.2.02

lakh or above issued in current calendar

year i.e or on after 01/01/2026.

(6) CA certificate as per PQ form IV

(7) PQ form I to VI

(8) Documents supporting experience of

(9) All relevant supporting documents

E-submission of Tender Documents The vendor shall submit following documents

in the E-tender.

(1) Scan copy of Tender fee & EMD

(2) Scan copy of Solvency certificate

(3) Copy of PAN, GST

(4) Scan copy of CA certificate

(5) Supporting documents for experience of

similar works carried out.

(6) Scan copy of PQ form I, VI shall be

submitted online and PQ form II, II, IV,

V to be filled online.

E submission of the price Bid :- Vendor shall submit their offer in electronic

format on official website of

www.tender.nprocure.com. No offer in

physical form will be accepted and any such

offer if received by GMB will be outright

Bid Opening Date 15/07/2026, from 10.30Hrs.onwards, if

possible. (On line opening)

Executive Engineer (M), PIU,GMB, Block

Officer Inviting Bids :- No-3, 2nd floor, Port Colony No.2 Bortalav,

Nr Balvatika, Bhavnagar-364003.

Bid Opening Authority :- Executive Engineer (M), PIU, Bhavnagar.

Executive Engineer (M), PIU,GMB, Block

Address :- No-3, 2nd floor, Port Colony No.2 Bortalav,

Nr Balvatika, Bhavnagar-364003.

General Terms and Conditions

(1) Bidders can download the tender document free of cost from the website.

(2) Bidders have to submit Price bid in Electronic form only on “n-procure” website till the Last Date

& time for submission.

(3) Offers in physical form will not be accepted in any case.

(4) Free vendor training camp will be organized every Saturday between 4.0 to 5.00 P.M. at (n) code

solutions-A Division of GNFC Ltd., Vendors are requested to take benefit of the same.

(5) Government Of Gujarat and Governor MAY BE READ AS GUJARAT MARITIME BOARD

ANDVICE CHAIRMAN &CHIEF EXECUTIVE OFFICER respectively.

Bidders who wish to participate in online tenders will have to procure / should have legally valid Digital

Certificate as per Information Technology Act-2000 using it they can sign their electronic bids. Bidders

can procure the same from any of license certifying Authority of India or can contract (n) code solutions-

A division GNFC Ltd, who are licensed Certifying Authority by Govt. of India.

M&R work of ML Gangotri at New Port, Bhavnagar

All bids should be digitally signed, for details regarding digital signature certificate related training

involved the below mentioned address should be contacted:

(n) Code Solutions

A division of GNFC

301, GNFC Info tower, Bodakdev,

Ahmedabad – 380 054 (India)

E-mail: [email protected]

Web-site: www.tender.nprocure.com

Toll Free: 1800-233-1010(Ext. 321)

Other Terms & Conditions as per detailed tender documents

Executive Engineer (M)

M&R work of ML Gangotri at New Port, Bhavnagar

Chapter- 2 Introduction

2.1 On behalf of Chairman, Gujarat Maritime Board, the Executive Engineer (M), PIU, Gujarat

Maritime Board, Bhavnagar invites ON-LINE tenders from reputed firms with proven ability for

the work of “Major repairing and maintenance work of ML Gangotri at New Port, Bhavnagar.”

2.2PORT INFORMATION:

Bhavnagar Port:

The geographical position of Bhavnagar Port is LAT 21045’ N’ and LON 72014’ E’ and wind

direction in fair weather condition is N-NE 15 KMPH and in Monsoon S-SW 35 KMPH. The current

Tidal information is as follows:-

Mean High Water Spring +10.18 Mtr

Mean High Water Neaps +8.31 Mtr

Mean Sea Levels +6.07 Mtr

Mean Low Water Neaps + 3.52 Mtr

Mean Low Water Spring + 1.43 Mtr

Mean Lower Low Water Spring + 1.21 Mtr

Note:- The site information is given only for the guidelines of the Bidder. Bidder is advised to visit

the site and acquainted himself with the site condition its surrounding etc. in view of performing the

scope of tender. No claims whatsoever will be entertained if actual conditions at site differ from those

indicated herein and subsequently observed during actual execution of works. The site information is

given only for the guidelines of the contractor and GMB is not responsible for the correctness thereof.

2.3 Definition:

In the contract documents, the following expression shall have the meanings herein assigned to

them except the contact otherwise requires.

 The Expression “Board”: means Gujarat Maritime Board constituted under the Gujarat

Maritime Board Act

 The expression “Work” where used in this document shall, unless there be something in the

subject or contest repugnant to such construction, be constructed to mean the work or the

work contracted and to be executed under or in virtue of the contract, whether temporary or

permanent and whether originally or altered, substituted or additional. It shall include all

extra works and variations and be subject to all commissions ordered in accordance with

these conditions.

 “Site” means the land, sea bed and/or other places on, under, in or through which works are

to be executed or carried out and services to be rendered any other lands or places provided

by Gujarat Maritime Board for the purpose of the contract together with such other places

that may be specifically designated in the contract as forming part of the site.

 “Contract” means the notice inviting tenders, general conditions of contract, terms and

conditions of contract, specifications, price bid, tender and contract agreement made at the

time of awarding the work and also the mutual agreement made jointly during contract

 “Bidder”/” Contractor” shall mean the person or persons, firm, company or corporation

who’s tender has been accepted by the GMB and includes Bidder’s/ Contractor’s personal

representative, successors and permitted assignees who shall be deemed to be bound jointly

M&R work of ML Gangotri at New Port, Bhavnagar

 “Contract Period” means total time limit allowed for the work.

 “Engineer-in-charge” (EIC) shall mean the Executive Engineer (M), Bhavnagar or his

authorized representative who shall exercise only such authority on behalf of the Executive

Engineer as may have been delegated to him from time to time by the Executive Engineer

and powers delegated to him by the Government/GMB Rules.

 “Approved” means approval given in writing including verbal approval for which

subsequent written confirmation is given and “approval” means approval in writing

including as aforesaid.

 “Competent authority” Officer or officers of the Gujarat Maritime Board competent to

exercise the powers conferred upon him/them by the GMB/Government.

 Drawings” means the drawings referred to in the specifications and attached with the

agreement and any modifications of such drawings approved in writing by the classification

society / EIC or such other drawings as may, from time to time be furnished or approved in

writing by the EIC.

2.4 Abbreviations:

GMB / Board - Gujarat Maritime Board.

EIC - Engineer-In-Charge.

AR - Authorized Representative.

BOQ - Bill of Quantities.

BIS - Bureau of Indian Standard.

SE (Mech) - Superintending Engineer (Mechanical)

XEN (Mech) - Executive Engineer (M).

DEE (Mech) - Dy. Executive Engineer

IRS - Indian Register of Shipping

GoG - Government of Gujarat

TPI - Third Party Inspection

Executive Engineer (M)

M&R work of ML Gangotri at New Port, Bhavnagar

Chapter 3 - Instructions to Bidder

3.1. Instruction to Bidders

After issuing the work order, the contractor shall commence the work from the date of

commencement and arrange the complete set up and workforce and labour to complete the work as

mentioned in scope of the work.

3.2. Tender Fee (Non-Refundable) :

Tender Document can be download from website “www.tender.nprocure.com” and the tenderer

have to pay tender feeas mentioned in NIT by DD in the name of “GMB NON PLD account”

payable at Bhavnagar, which shall be Non-refundable. Scanned copy of the same must be uploaded

online as well as physical submission as per NIT. Tender without Tender fees, will be rejected

3.3. Bid Submission

The Board Invites Bids by E-tendering system for the entire Scope of Work covered under the

Bid Document. The Bid is to be completed and submitted online and physical form in accordance

with the Bid submission procedure set forth in bid document. (As per NIT)

BOARD will not be responsible for any costs or expenses incurred by the bidder in connection

with the preparation and delivery of his bid or for any other expenses incurred in connection with

Bid documents will be available on web site up to the date shown in Bid schedule as per Notice

Inviting Tender. Bidder shall have to procure / should have legally valid Digital Certificate as per

Information Technology Act-2000, using which they can sign their electronic tenders. Bidder can

procure the same from any of the licensed certifying authority of India or can procure from (n)

code solutions – a division of GNFC limited who are licensed Certifying Authority by

Government of India.

Bidder shall submit their Bids in Electronic format and necessary documents in physical form on

above mentioned website and at the address given in the bid documents within Date and time

shown in the Bid Notice Inviting Tenders after digitally signing the same. Offers submitted

without digitally signed will not be accepted. All the documents, certificates etc. shall be

submitted online as per the fields provided in the online format of the Bid document.

The Bid should be digitally signed, for details regarding digital signature certificate and related

training involved at the (n) Code solutions office mentioned in NIT.

The Price bid must be submitted online only. Bidders are advised to submit their price bids strictly

based upon the layout, design data, technical specifications, terms and conditions contained in the

tender document after going through the prevailing conditions at site.

1. The bid should be uploaded (submitted) through the official web site

www.tender.nprocure.comonly.

2. The physical documents shall be submitted through RPAD/Speed Post only up to date and

time stipulated in NIT. Beyond the last date of physical submission bid documents will not

be accepted/considered and even their online offer shall not be opened. The envelope must

be super-scribed with name of work “Major repairing and maintenance work of ML Gangotri

at New Port, Bhavnagar”

M&R work of ML Gangotri at New Port, Bhavnagar

3. The bidder shall note that they should not submit the price bid in physical form during the

physical submission of documents as mentioned in the NIT. The physical submission of

Price bid shall not be considered in any case.

4. GMB will not consider the bid if in case the physical submission is not received within the

stipulated date and time.

3.4. Earnest Money Deposit:

1. The Bidder shall submit Rs.11,877/-(GST Included)only in form of FDR with the tender,

failing which the tender will not be considered.

2. The earnest money shall be remitted by a FDR of scheduled/ nationalized bank, in favour of

the Executive Engineer (M) GMB payable at Bhavnagar. Cheque/DD will not be accepted

towards the Earnest Money Deposit.

3. The Earnest Money deposited by the unsuccessful Bidders will be refunded after the

finalization of tender. E.M.D. shall not bear any interest.

4. The Earnest Money deposited by the successful Bidder will be refunded on receipt of

Security Deposit and Performance Security.

5. If any party backs out after GMB has accepted his bid, it will be considered default and in

such case, necessary action against bidder will be taken by GMB such as

1. Forfeiting of EMD

2.Black listing the agency for three years etc.

3.5. Security Deposit:

a) The successful Bidder will be required to furnish a Security Deposit (SD) of sum of “5% of the

Contract value + Applicable GST”, as per following details within 15 days from the date of

receiving the acceptance letter along with Non-Judicial Stamp paper of Rs.300/- for agreement

If the security deposit is not furnished within 15 days on receipt of acceptance letter or such

extended period as may be permitted by the Executive Engineer (M) in writing, the earnest money

is liable to be forfeited and the contract cancelled.

In the event of the Bidder, after the issue of the communication of acceptance of the offer by the

GMB, failing/refusing to execute the agreement as hereinafter provided, the Bidders shall be

deemed to have abandoned the contract and such an act shall amount to be construed as the bidder's

calculated and willful breach of contract, the cost and consequence of which shall be to the sole

account of the Bidder and upon such an event, the Board shall have full right to claim damages in

addition to the forfeiture of Earnest Money Deposit.

b) The GMB may at their option forfeit the Security Deposit, if the bidder fails to affect the supply

or perform or observe the conditions of contract. The Board will also be at liberty to deduct any

sum that may be due to the GMB from the Security Deposit or from any sums of money due or

that may become due under any other contract to the bidder. This is without prejudice to the

rights of the Board under the terms of the contract.

c) The said Security deposit shall not in any way be construed as a limitation of the bidder's

responsibility or liability pertaining to his obligations and/or guarantees under the contract and

shall be without prejudice and in addition to any other remedies available to the Board in terms

of the contract and/or the laws of the land.

d) The Security Deposit shall be released only on successful completion of defect liability period

from the date of completion which is 06 months.

M&R work of ML Gangotri at New Port, Bhavnagar

3.6. Bid Schedule

Bid schedule and procedure shall be followed as per the NIT, however the schedule is merely

indicative in nature and the GMB hereby reserves the right, at its sole discretion and, from time to

time and at any time to revise or modify the aforesaid schedule (or any part thereof) by the issuance

requisite notice.

3.7. Pre Cum Technical Qualification:

The bidder’s qualification shall be decided on the basis of information submitted in the prescribed PQ

Form - I to VI in this tender document regarding their experience, financial position, technical capabilities

etc. as well as other documents mentioned in NIT and hence, all bidders are requested to fill the

information correctly strictly in prescribed Performa only with full knowledge and supporting documents

otherwise they will be disqualified for the work.

The information for financial data and project costs by the bidder should be submitted in Indian Rupees

only. The competent authority of the Gujarat Maritime Board shall evaluate the pre-qualification

3.8. Pre-qualification Criteria & Evaluation Procedures

The bidder will be Pre-qualified on the basis of following:

(A) Financial Criteria:

a) Annual turnover of anyone of last five financial years from 2021-22 to 2025-26 shall shall be

more than Rs.10.07/- Lakh. CA certificate shall be submitted along with tender application.

b) Solvency certificate: Latest Bank Solvency Certificate not less than Rs.2.02 lakhs from

Nationalized/Schedule bank of current calendar year or on after 01/01/2026.

(B) Experience Criteria

Bidder should have actual experience of having completed at least one similar work of value

not less than to Rs. 4.03 Lakh during last 05 years.

Bidder must furnish work order/agreement copies and Performance certificates/completion

certificate showing the amount of work completed.

Similar works means successfully carried out Maintenance/ Repairing works of Marine

Note 1: Non-satisfactory/negative feedback or Observations from Bidder’s client including

GMB shall be liable for disqualification of contractor from current contract and would be

enough reason for contractor's disqualification from future tenders of GMB.

3.9. Right of the Board To Accept Or Reject the Tender:

a) The Board does not bind itself to accept the lowest tender and reserves the right to reject any

or all tenders received without assigning any reason, whatsoever.

b) Tenders in which any of the particulars and prescribed information is inadequate or incomplete

in any respect and/or the prescribed conditions are not fulfilled are liable to be rejected.

c) The Gujarat Maritime Board reserves the right to drop the entire tendering process without

assigning any reasons thereof.

d) The Gujarat Maritime Board reserves the right to reject any bidder on the basis of past

experience OR previous history of bidder under any contract of GMB.

M&R work of ML Gangotri at New Port, Bhavnagar

3.10. Opening of Tender

a) The On-line tender & Physical documents submitted through RPAD/Speed Post will be opened as

stipulated in NIT. (If possible). Tenders submitted by Bidders shall remain valid for acceptance

for a period of 120 days from the last date of online submission of Bid. The Bidder will not be

allowed during the declared period of validity to revoke or cancel his tender or to vary any terms

& conditions put forth in the bid.

b) The Price bid will be opened of those Bidders who are Pre cum technically qualified on the basis

of fulfilling criteria/requirement as mentioned above.

c) If any Bidder withdraws his tender before the date of validity as declared, the EMD submitted

shall be outright forfeited.

d) During the process of Bid evaluation GMB may call the bidders for discussion /clarification and

also ask for any additional/supporting documents as required.

3.11. Rejection Criteria

(1) If any claim made or information provided, by the Bidder in the Bid or any information

provided by the Bidder in response to any subsequent query of the Board, is found to be

incorrect or is a material misrepresentation of facts.

(2) Bid validity is of shorter period than the period mentioned in the bid document.

(3) Bid, which is incomplete in any respect and/or is not accompanied by requisite documents.

(4) Non-submission of any document which are required to be submitted as per the terms of this

(5) Bid received without requisite tender fee and EMD /or EMD other than in the prescribed form

and / or Bid Security with a shorter period of validity.

(6) Bid which is not substantially responsive to the requirements of the Bid Document.

(7) Price Bid contains conditions.

3.12. Evaluation

The Bids received and accepted will be evaluated by GMB to ascertain the relative position of the

best Bid in the interest of GMB, for the complete work covered up by Bid Documents. The work

will be awarded to the most preferred Techno-commercial offer after approval obtained from the

competent authority.

The Price bid of only those bidders will be opened who qualify in PQ cum Technical Bid.

3.13. Time limit

The time allowed for the completion of “Major repairing and maintenance work of ML Gangotri at

New Port, Bhavnagar” is of 02 months from date of commencement.

The Date of commencement shall be declared by EIC or his authorized representative.

3.14. Rates and Validity of Offer

The Bidder shall offer the rates in price bid only. The tenders shall remain open for a period of

120 days from the last date of online submission of price bid. If any, Bidder withdraws tender

before the said period or makes modifications, which are not acceptable to the Board then the

Board shall, without prejudice to any right or remedy, be at liberty to forfeit in full the EMD

M&R work of ML Gangotri at New Port, Bhavnagar

3.15. Other Conditions:

3.15.1. Addenda/Corrigenda:-

The GMB shall have the right to revise or to amend the tender documents prior to the last date of

Online submission aforesaid such revision or amendments or extensions, if any, shall be published

3.15.2. Collection of Data - Bidder's Responsibility:

The Bidder shall visit the site and acquaint himself fully with the site, system installed and local

conditions and no claims whatsoever will be entertained on the plea of ignorance of difficulties in

the execution of the work. Before submitting the tender, the Bidder shall be deemed to have clearly

understood and satisfied himself regarding the work and services, all conditions liable to be

encountered during the execution thereof and that prices, rates quoted in the offer are adequate and

all-inclusive with respect to all factors, circumstances and conditions likely to be incidental, both

direct and indirect, to the work and services.

The prices and amount quoted by the Bidder shall be inclusive of for all costs including labour,

consumables, lubricants, tools, vehicles, freshwaters, minor parts, major repairing, loading-un

loading equipment’s, fees for gate pass etc.and other charges, direct and indirect, till the work is

completed in accordance with the scope of the contract and contract period.

In general, Collection of DATA is Bidders responsibility.

3.15.3 Signing the Contract:

The successful Bidder shall be required to execute an agreement on Rs 300/- stamp paper within

15 days from the date of issue of the notice of Letter of Intent along with submission of Security

deposit/performance security. In the event of failure on the part of the successful Bidder to execute

the agreement within the above stipulated period or the period agreed by the Board, the EMD

submitted will be forfeited and apart from that the Board will treat the Bid of successful Bidder as

breach of contract and proceed accordingly.

Executive Engineer (M)

M&R work of ML Gangotri at New Port, Bhavnagar

Gujarat Maritime Board

PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS

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Please read “Chairman of GMB” in place of “Govt. of Gujarat

Opened by : On Date :

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DATA SHEET FOR OFFLINE TENDERS

(1) Name of the work - SFDG]\ GFD As per first page of this Tender

M&R work of ML Gangotri at New Port, Bhavnagar

(2) Estimated Cost -V\NFHL ÃSDT Rs. ..................

(3) Earnest Money -AFGFGL ZSD Rs. ..................

(90/120*) days from the stipulated date of

Receiving of tender but no modification shall be

(4) Validity period of tender offered

allowed after handing over tender to postal

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(5) Security Deposite-HFDLGULZL VGFDT …. 5/10%

In the form of Small savings or

(i) Narmada Bonds (of minimum one year Rs. ..................

time limit) ……… 2.5%

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s!f D]NTGL YF56 :J~5[ sVMKFDF\ VMKL V[S JQF"GL ~P..............

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Performance bond of Schedule Bank

s#f VG];]lRT A[gSG]\ 5OM"D"g; AMg0 ~P..............

Time allowed for completion of the work

(6) ………….. Months

from the date of written order to commence

SFD X~ SZJFGF C]SD D?IF TFZLBYL SFD 5]~ SZJF

(7) Other details -VgI lJUTM

(i) Date on or before which the tender Dt: 00/00/2022

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(a) In sealed cover by Registered post only

(ii) Mode of sending the tender

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(b) Tenders sent by ordinary post will be

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(b) Last date of Receiving the Tender

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(iv) Mode of quoting rate in Schedule B

(Premium / Rebate / At Par)

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Note : The normal rate of security Deposit is 5 percent for works upto Rs. 15 lacs and further 5% as

performance bond for works above Rs. 15 lacs. Out of 5% of Security Deposit 50% is payable at the

time of acceptance of tender and the balance by deduction from progress bills

1. DATA SHEET FOR OFFLINE TENDER

3. DATA SHEET FOR ONLINE TENDER

M&R work of ML Gangotri at New Port, Bhavnagar

4. NOTICE INVITING TENDERS [OFFLINE]

5. NOTICE INVITING TENDERS [ONLINE]

6. DECLARATION CERTIFICATE

7. TENDER FOR WORK

9. TERMS & CONDITIONS OF CONTRACT

Clause 1 Security Deposit

Clause 2 Liquidated Damages for Delay

Clause 3 Default by Contractor

Action when the Progress of any particular portion of the work is

Clause 5 Non exercise of powers under clause 3 not a waiver

Powers to Seize Tools, Plants, Machineries, Materials and Stores of

the contractor on invocation of clause

Clause 6 Extension of Time Limit

Clause 7 Final measurement and final bill on completion of work

Clause 8 Intermediate and Final Payments

Clause 9 Payment at Reduced Rates

Clause 10 Bills to be Submitted Monthly

Clause 11 Bills and Rates Payable

Clause 12 Materials to be Supplied by the Department

Clause 12-A Consumption and return of materials supplied by the department

Clause 12-B Safe Custody of Materials Supplied by the Department

Drawings, Designs, Instructions of the Engineer-In-Charge and

Specifications, Order of Precedence in case of discrepancies

Clause 14 Excess over Tender Quantities, Extra Items and Variations

No Claim to any payment or Compensation for alterations of for

restrictions of work

Clause 15-A No claim for Delay in Supply of Materials by the Government

Clause 16 Claims under the Contract

Remedies for Inferior or Bad Work, Materials or Workmanship and

Maintenance clause

Clause 17-A Defect Liability Clause

Work to be open for Inspection - contractor's responsible agent to be

Clause 19 Notice to be given before work is covered up

Damage to contract work-in-progress and damages to Surrounding

Clause 20-A Damages due to acts of god and unprecedented floods

Contractor to Supply plant, Ladders, Scaffolding etc. and is liable or

damage arising from non-provision of lights, fencing etc.

Regulations for Scaffolds, Working Platforms, Gangways and

Clause 21-B Regulations for Hoisting Appliances

Clause 22 Measures for Prevention of Fire

M&R work of ML Gangotri at New Port, Bhavnagar

Clause 23 Liabilities to Contractors for any damages done in or outside work

Clause 24 Compaction of Layers of works above Rs. One Crores

Clause 25 Deleted

Work not to be Sublet; Consequences for Unauthorised Subletting,

Bringing and Becoming Insolvent

Sums Payable by Way of Compensation to be Considered As

reasonable compensation without reference to actual loss

Clause 28 Changes in the constitution of firm to be notified

Clause 29 Works to be under directions of Superintending Engineer

Clause 30 Settlement of Disputes and Arbitration

Clause 31 Deleted

Clause 32 Lump Sums in Estimates

Clause 33 Action where no Specifications

Clause 34 Definition of Work

Contractors Percentage-whether applied to net or gross amount of

Clause 36 Royalties

Clause 37 Compensation under the Workmen's Compensation Act.

Clause 37-A Liability of the contractor in case of Accidents

Clause 37-B Arrangements for personal Safety requirements and First-aid

Quantities in the Tender to be considered Approximate and they are

subject to variations

Clause 39 Employment of famine or other labour

Clause 40 Claim for Compensation for delay in starting the work

Clause 41 Claim for compensation for delay in the Execution of work

Clause 42 Entering upon or Commencing any portion of Work

Clause 43 Minimum Age of Persons Employed

Clause The payment of fair wages etc.

Clause 44 Method of payment

Clause 44-A Set off clause

Clause 45 Deleted

Clause 46 Employment of Scarcity Labour

Clause 47 Deleted

Clause 48 Application of GST Tax and Consequences thereof

Clause 49 Employment through employment exchange and local labour

Clause 50 Fair Wages

Clause 51 Deleted

Clause 52 List of Machinery

Liabilities of Contractor for Idleness of Road Rollers deployed by the

department on Contract work

Clause 54 Local labour on normal rates

Clause 55 Land on hire and rental charges

M&R work of ML Gangotri at New Port, Bhavnagar

Clause 56 Vaccination to labourers

Clause 57 Camp facilities to workers

Clause 58 Gum boots, Hand gloves, Masks etc. to Labourers

Clause 59 No distinction between harijans and other workers

Clause 60 Price Escalation clause

Clause 61 Fencing and Lighting

Clause 62 Liabilities for Accidents to Persons

Clause 63 Access to Site and Work on site

Clause 64 Reports regarding Labour

Clause 65 Treasure Trove

Clause 66 Indemnity

Clause 67 Insurance of Labourers

Clause 68 Setting out

Clause 69 Cement Register

Clause 70 Materials, Works Test Register and Core cutting Machine

Clause 71 Progress schedule

Clause 72 Secured Advance

Clause 73 Advance Payment

Clause 74 Advance against Machineries

Clause 75 Mobilization Advance

Clause 76 Licence for contract labour

Recovery of Testing Charges and Handing over empty Cement bags

Clause 78 Deleted

Clause 79 Recovery of Workers Welfare Cess

Annexure-1 Declaration regarding Income tax, Addresses, etc.

Annexure-2 Basic rates considered by the contractor

Annexure-3 Performance Bond

Annexure-4 List of works already completed by the tenderer

Annexure-5 List of Plant and Machinery

Annexure-6 Declaration regarding works on hand

Annexure-7 Special Conditions of Contract

Schedule ‘A’ Materials to be supplied from P.W. Store

Schedule ‘B’ Memorandum showing items of works to be carried out

Schedule ‘C’ Time schedule of completion

DATA SHEET FOR B-1E-TENDERING

(A) Details of Tender Item:

Sr. Tender EMD in Period of

Name of Work fee Security of

No. Value in (Rs. _______) Completion

------- As per NIT &Tender Documents -------

M&R work of ML Gangotri at New Port, Bhavnagar

(B) Eligibility: Registered in ________ Class or above / Pre-qualification.

(C) Schedule of E-Tendering is fixed as under:

(i) Site Visit (If any) On Date: 00/00/2022; 00:00 hrs.

Downloading of tender From Date : 00/00/2022

documents Start & End Date Up to Date: 00/00/2022 Till 00:00 hrs.

(iii) Online submission of bid Upto Date: 00/00/2022 Till 00:00 hrs.

(iv) Submission of EMD & Submission in electronic format only through

Tender fee and other online by scanning and then the same should be

documents sent in original to Tender

As per NIT Opening

&Tender Authority at the

time of Tender Opening or sent the same through

R.P.A.D. So as to reach Executive Engineer, GMB,

Jamnagar within 7 days from last date of Opening.

If Tender fee and E.M.D. is not paid as shown in bid

document, action to hold his registration in

abeyance shall be taken and his E-tendering code

will be cancelled for One year.

(v) Online Opening of Bid

90/120* Days counted from the date of opening

(vi) Bid Validity period

of online tenders.

 Bidders can download the tender documents free of cost from the website.

https://tender.nprocure.com

 Bidders have to submit bid in Electronic format only on above mentioned website till the Date

& time shown above.

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

Bidders who wish to participate in online tenders will have to procure/ should have legally valid

Digital Certificate (Class-III) as per Information Technology Act-2000 using which they can sign

electronic bids. Bidders can procure the same from any of the license certifying Authority of India

or can contract (n) code solution - a division of GNFC Ltd., who are licensed Certifying Authority

by Govt. of India.

(D) (i) Bid Inviting Authority

(ii) Bid Opening Authority As per NIT

(E) Mode of Quoting Rate

The list of certifying agencies are as mentioned under :

Name of Certifying

Sr. No. Website Address

(n) Code solution

1. www.gnvfc.com.

2. Safecrypt www.safescrypt.com.

3 TCS www.tcs.-ca.tcs.co.in

4. MTNL www.mtnltrustline.com

NOTICE INVITING TENDERS(OFFLINE)

1. Tenders are invited on behalf of Governor of State of the Gujarat for work as per page number one of this Booklet.

The work is estimated to cost of “As per NIT”. This estimate however, is given as a rough guide.

2. The works are required to be completed within “As per NIT” as per the terms of the contract conditions.

3. The contractor, whose names are borne of the approved list of contractors of Gujarat State R & B Deptt./W.R.D. in

_______ Class and above on the date of opening tenders only will be permitted to tender. Not more than one tender

shall be submitted by a contractor or by a firm of contractors. No two or more concerns in which an individual is

M&R work of ML Gangotri at New Port, Bhavnagar

interested as a proprietor and / or a partner shall tender for the execution of the same works. If they do so, all such

tenders shall be liable to be rejected.

4. Applications for issue of tender documents shall be submitted to __________________ so as to reach his office not letter

5. Tender documents consisting of conditions, specifications, Schedule(s) of quantities of the various classes of work

to be done, the conditions of contract etc. will be issued /sold on (date)_____________ to _____________ (date) up to

p.m on payment of “As per NIT”.

6. Copies of other drawings and documents pertaining to tender and signed for the purpose of identification by the

Accepting Officer or his accredited representative will be open for inspection by tenderers at the following offices

during working hours between the dates mentioned in clause 6 above. (a) ________________________ (b)

7. Tenderers are advised to visit the site sufficiently in advance of the date fixed for submission of the tender. A

tenderer shall be deemed to have full knowledge of all the relevant documents samples, site etc. whether he

inspects them or not.

8. Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has

made himself aware of the scope and specification of the work to be done and of conditions and rates at which

stores, tools and plant etc. will be issued to him, by Government and local conditions and other factors bearing on

the execution of the works.

9. A tendered should quote in figures as well as in words the rate(s) tendered. Special care shall be taken to write

rates in figures as well as in words and theNot Applicable

amounts in figures only and in such a way that interpolation is not

possible. The total amount shall be written both in figures and In words. In case of figures the words Rs. Should be

possible. The total amount shall be written both in figures and In words. In case of figures the words Rs. Should be

written before the figure of rupees and the words ‘paise’ after the decimal figure e.g. Rs.2.15 p. and in case of words

the words ‘Rupees’ should proceed and the words ‘paise’ should be written at the end. Unless the rate is in whole

rupees and followed by the word ‘only’, it should invariably be upto two places of decimal.

10. All rates shall be quoted on the tender form.

11. The tender for the works shall not be witnessed by a contactor or contractors who himself / themselves has/have

tendered or who may and has/have tendered for the same works. Failure to observe this condition shall render

the tender of the contractor tendering, as well as of those witnessing the tender liable rejection.

12. Receiving and opening of tender: Tender shall be received by Registered post A.D by ________________________

up to Office Hours upto the __________ (date) and shall be opened at _________ hours on _______________ in the presence

of tenderers who may be present.

13. In the case of contractors who have not furnished standing security, the tender shall be accompanied by earnest

money (unless exempted from depositing it) of Rs._________ Treasury Chalan / Deposit at call Receipt issued in

favour of ______________________ by a scheduled or Nationalized bank or Narmada/Shrinidhi F.D. Rs. the amount being

credited to ___________________ A contractor exempted from depositing earnest money/security in individual case(s)

shall attach with the tender an attested copy of the letter exempting him from depositing earnest money/ security

and shall produce the original when called upon to do so.

14. A tenderer shall submit the tender which satisfies each and every condition laid down in this notice and tender

documents, failing which the tender will be liable to be rejected.

15. The Governor of the State of Gujarat does not bind himself to accept the lowest or any tender or to give any reasons

for the decision.

16. This notice of tender shall form part of the contract documents.

For and on behalf of Governor for the State of Gujarat.

Designation __________________

NOTICE INVITING TENDERS(E-PROCURE)

1. Tenders are invited on behalf of Governor of State of the Gujarat for work as per page number two of this Booklet.

The work is estimated to cost of “As per NIT”. This estimate however, is given as a rough guide.

2. The works are required to be completed within “As per NIT & Tender Documents” as per the terms of the contract

3. The contractor, whose names are borne of the approved list of contractors of Gujarat State R & B Deptt./W.R.D. in

“As per NIT & Tender Documents” on the date of opening Tenders only will be permitted to tender. Not more than

one tender shall be submitted by a contractor or by a firm of contractors. No two or more concerns in which an

individual is interested as a proprietor and / or a partner shall tender for the execution of the same works. If they

do so, all such tenders shall be liable to be rejected.

4. Bid document can be downloaded & Submitted in Electronic Format on online website

https://tender.nprocure.com“As per NIT”.

M&R work of ML Gangotri at New Port, Bhavnagar

5. Tender documents consisting of conditions, specifications, Schedule(s) of quantities of the various classes of work

to be done, the conditions of contract etc. will be shown on above Web Site.

6. Copies of other drawings and documents pertaining to tender and signed for the purpose of identification by the

Accepting Officer or his accredited representative will be open for inspection by tenderers at the following offices

during working hours between the dates mentioned in clause 4 above.

7. Tenderers are advised to visit the site sufficiently in advance of the date fixed for submission of the tender. A

tenderer shall be deemed to have full knowledge of all the relevant documents samples, site, etc. whether he

inspects them or not.

8. Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has

made himself aware of the scope and specification of the work to be done and of conditions and rates at which

stores, tools and plant etc. will be issued to him, by Government and local conditions and other factors bearing on

the execution of the works.

9. The bidder should quote his bid premium or rebate at the end of Schedule-B. It he do not wish to quote premium

or rebate, he should Indicate “at par” in the blank space preceding “%above/below” in Schedule-B. Thereafter, he

should work out and indicate the offered bid amount both in words and figures in Schedule B.

10. All rates shall be quoted on the tender form.

11. The tender for the works shall not be witnessed by a contactor or contractors who himself / themselves has/have

tendered or who may and has/have tendered for the same works. Failure to observe this condition shall render the

tender of the contractor tendering, as well as of those witnessing the tender liable rejection.

12. The electronically offered bids will be opened “As per NIT” the presence of bidders who may choose to remain

present in the office of the Bid opening Authority Specified in bid documents.

13. “Demand Draft for Tender fee& FDR for EMD shall be submitted in electronic format only through online (by

scanning) while uploading the bid. This submission shall mean that E.M.D. & tender fee are received for purpose of

opening the bid. Accordingly offer of those shall be opened whose E.M.D. & tender fee is received electronically.

However for the purpose of realization of D.D. bidder shall send the D.D. in original to Tender Opening Authority

at the time of tender opening or send the same through R.P.A.D. So as to reach “As per NIT” before last date of

opening. If Tender fee and E.M.D. is not paid as shown in bid document, action to hold his registration in abeyance

shall be taken and his E-tendering code will be cancelled for One year. DD for Exemption Certificate is not necessary.

However, Exemption Certificate shall have to be submitted electronically through online

Any documents in supporting of tender bid shall be submitted in electronic format only through online (by scanning

etc.) & hard copy will not be accepted separately.”

14. The Governor of the State of Gujarat does not bind himself to accept the lowest or any tender or to give any reasons

for the decision.

15. This notice of tender shall form part of the contract documents.

For and on behalf of Governor for the State of Gujarat.

Designation __________________

ROAD & BUILDINGS / WATER RESOURCE DEPARTMENT

Contract for works

INFORMATION & INSTRUCTION FOR TENDERERS:

1.0 Mode of Submitting Tender:

The tenders in the form referred to in notice inviting Tender shall be submitted in Electronic format only on

online web-site https://tender.nprocure.com till the date & time shown “As per NIT”. Offers in physical form

will not be accepted any case.

Bidders who wish to participate in online tenders will have to procure / should have legally valid Digital

Certificate (Class-III) as per Information Technology Act-2000 using which they can sign their electronic bids.

Bidders can procure the same from any of the license certifying Authority of India are as mentioned under:

Sr. No. Name of Certifying Agency Website Address

1. (n) Code solution (G.N.F.C.) www.gnvfc.com

2. Safecrypt www.safescrypt.com

3. TCS www.tcs.-ca.tcs.co.in

4. MTNL www.ntnltrustline.com

M&R work of ML Gangotri at New Port, Bhavnagar

2.0 Competency of Tendered:

No contract will be awarded except to responsible bidders capable of performing the class of work completed.

Before the award of the contract, any bidders may be required to show that he has the necessary facilities,

experience, ability and financial resources to perform the work in satisfactory manner within the time

stipulated. Tenderer may be required to furnish the tender inviting authority with the statements as to their

experience and their financial status. Tenderer shall be a registered contractor in appropriate class of the Roads

& Buildings Department or Water Resources Department of Government of Gujarat. The tenders of only those

contractors who process the general and special class and category of approved contractors for Government

of Gujarat on the specified date of opening tenders (Technical Bid in the case of two or more bid system) will

be opened. However this will not be applicable to Tenders / Bidders who are registered in other states or

Central Government, Railways, M.E.S. and who have applied for registration in Gujarat State or before

submitting tenders/bids. The tenders/bids of such contractors will be opened subject to the condition that they

get registration certificate before issue of work-order in case they emerge as L-1 Bidder. (R&B circular No.TNC-

3.0 Tenderer to inform Himself:

Tenderer will be deemed to have inspected the site and to have satisfied himself as to the nature of all works,

all existing roads, water-way and other means of communications and access to and from the site of the work

and the building that may be required for temporary purpose in connection with the construction, completion

and maintenance of the works and must make his own inquiries as to work, yard sites and depot, and dumps

as to acquisition of such additional sites, rates and areas as may be necessary for temporary purpose for

constructing, completing and maintaining the works and availability of water for construction activities, power,

quarries and labour.

4.0 Payment of Tender Fee and Earnest Money Deposit:“Demand Draft for E.M.D. & Tender fee shall be

submitted in electronic format only through online (by scanning) while uploading the bid. This submission

shall mean that E.M.D. & tender fee are received for purpose of opening the bid. Accordingly offer of those shall

be opened whose E.M.D. As&per NITfee

tender &Tender Documents

is received electronically. However for the purpose of realization of D.D.

bidder shall send the D.D. in original to Tender opening Authority at the time of tender opening or send the

same through R.P.A.D so as to reach“As per NIT”.Any documents in supporting of tender bid shall be submitted

in electronic format only through online (by scanning etc.) & hard copy will not be accepted separately. Any

documents in supporting of tender bid shall be submitted in electronic format only through online (by scanning

etc.) (R & B Circular No.5ZRv–!_Z__(v54 dated 19-1-2019 & 27-11-2019).

5.0 Payment: The tenderer must understand clearly that the rates quoted are for completed works and includeall

costs due to labour, scaffolding plant, supervision, service work, power, royalties and octroi, etc., and include

all extras to cover the cost of night work if and when required and no claim for additional payment beyond the

price/rates quoted and accepted will be entertained and the tenderers will not be entitled subsequently to

make any claim on the ground of misrepresentation or on the ground that he was Supplied with information

given by any person (whether the member is the employee of Public works Department or not). Any failure on

his part to obtain all necessary information for the purpose of making his tender and filling the several prices

and rates therein shall not relieve him from any risks or liabilities arising out of or consequent upon the

submission of the tender.

6.0 Tender Forms: The form will state work to be carried out as well as the date of submitting and opening tenders

andthe time allowed for carrying out the work, also the amount of earnest money to be deposited with the

tender and the amount of the security deposit to be paid by the successful tenderer and percentage, if any to

be deducted from bill. It will also state whether a refund of quarry fees, royalties, octroy dues and ground rents

will be granted. Copies of the specification, designs and drawing and estimated rates, and any other documents

required in connection with work which shall be signed by the Executive Engineer for the purpose of

identification shall also be open for inspection by contractor at the office of the Executive Engineer during office

hours. However every ‘blank’ in the form of the E-Tender and in the Schedule and Annexures must be filled up

by the tenderer and must be submitted online.

7.0 The bidder should quote his bid premium or rebate at the end of Schedule B. If he do not wish to quote premium

or rebate, he should indicate "at par" in the blank space preceding "% above/below" in Schedule B. Thereafter

he should work out and indicate the offered bid amount both in words and figures in Schedule B.

8.0 Earnest Money: Earnest money in specified form @ 1% of the estimated cost + GST must be sent as specified

in Instruction No.4 preceding electronically Tenderer may pay earnest money upto Rs.50000/- in the form of

Crossed Demand Draft or fixed deposit or fixed deposit-at-call receipts with a validity period of not less than

six months of Nationalized or Scheduled bank or Narmada/Shrinidhi F.D.Rs. drawn in favour of Executive

Engineer/Divisional Officer concerned. Earnest money by cheque & Bank Guarantee shall not be accepted.

As per NIT &Tender Documents 21 | P a g e

M&R work of ML Gangotri at New Port, Bhavnagar

(vide R&BD G.R. No. TNC/ 1090(100)(4)-C, dated 4.11.2019). However in respect of the works estimated to

cost above Rs.50 lacs, the amount of earnest money in excess of Rs.50000/- can be offered by the contractor,

at his choice, in the form of Bank Guarantee of the Scheduled or nationalized Bank or other banks approved for

Government business only. The Bank Guarantee in such cases will be furnished in the following form. In such

cases also the amount of earnest money first Rs. 50,000/- will be paid only in the form of crossed demand drafts

or fixed deposit receipts or deposit at call receipts worth the validity period of not less than 6 months of the

nationalized or Scheduled or Narmada/Shrinidhi F.D.Rs.

The Contractors who have secured exemption certificate for payment of earnest money by depositing Lump

Sum earnest money Deposit need not pay earnest money, but produce the certified copy of the exemption

certificate along with the tender electronically. If the contractor does not remit the tender fee & the earnest

money within the specified time his registration will be held in abeyance for one year & his tendering code will

be cancelled for one year. If the contractor does not turn up to pay the Security Deposit and execute contract

agreement within specified (or extended) time after intimation to him about acceptance of his offer, the earnest

money paid for this work will be forfeited and such tenderer's tender shall be rejected and then according

aforesaid provision of tender, action to blacklist the Contractor will be initiated without Delay. (Vide R&B D

G.R. No. Misc-1097-90-1091/97-Z/C dated 4-10-1997 & Parach-10-2008-5C Part file dtd. 27-11-2008)

Bank Guarantee is applicable only when the estimated cost of work is more than Rs.50 lacs.

Where as M/s._________________________________________________ (hereinafter called the Tenderer) is desirous and

preferred to tender for works in accordance with the terms and conditions of tender for the work of

_________________ and where as We, Bank, agree to give the tenderer a guarantee for the Earnest Money.

1. Therefore, we hereby affirm that we are guarantors on behalf of the Tenderer up to total rupees

_________________________________ in words) Rs. ______________ (in figures) and we undertake to pay to Executive

Engineer, _______________ Division ________________ Department of Government of Gujarat the

________________________ up to his first written demand, without demur, without delay and without the necessity

of a previous notice of judicial or administrative procedures and without the necessity to prove to the Bank the

defects or short comings or debits of the contractor any sum within the limit of Rs.______________________.

2. We further agree that the Guarantee herein contained, shall remain in full force and effect during the period

that would be taken for the acceptance of tender.

However, unless a demand of claim under this guarantee is made on us in writing on or before the

_________________________ (Date to be specified - will not be less than 180 days from the stipulated date of receiving

the tender) we shall be discharged form all liabilities under the guarantee thereafter.

3. We undertake not to revoke the guarantee during it currency except with the previous consent of the Executive

Engineer ___________________________ Division __________________________in writing.

4. We lastly undertake not to revoke the guarantee for any charge in constitution of the tenderer or of the Bank.

Date Signature & Seal of Guarantor _______________________________

8.2 The Earnest Money submitted in the form of Deposit-At-call receipt shall need minimum validity of six months

from the last date of online submission of tender. Tender not supported with tender fee, Earnest Money &

documents and not submitted in electronic format (by scanning) while uploading the bid shall be rejected as

NON Responsive. If the tenderer modifies or withdraws his tender, the Earnest Money (in case of EMD

exemption certificate, proportionate amount equivalent to EMD of a particular tender) shall be forfeited and

the tenderer may be disqualified from tendering for future works under the Government.

8.3 The Earnest Money will be returned to the unsuccessful tenderers. The Earnest Money will be returned to the

successful tenderer after he furnishes security deposit and duly enters into the contract.

8.4 Within Ten days or within such time as may be decided by the Tender Inviting Authority from date of receipt

of the letter accepting his tender, the successful tenderer shall furnish the required security deposit and attend

the office of the Tender inviting Authority for execution of the contract documents. If he fails to furnish the

security deposit or execute the contract document, his Earnest Money (in case of EMD exemption certificate

equivalent amount there from) shall be forfeited and action to blacklist the contractor bill be initiated without

delay (Vide R & B D G.R. No.Misc.1097-90-1091-97-Z/C dated 4.10.1997)

9.0 Accompaniments of Tender : (to be submitted in electronic format only through on line (by scanning)

as duly certified true copies)

The contractor shall have to furnish:

M&R work of ML Gangotri at New Port, Bhavnagar

(i) Demand Draft of Tender fee and Earnest Money Deposit.

(ii) Copy of Partnership Deed or Memorandum as well as Articles of Association in case of the company and

intimate permanent addresses of his partners/Directors of Company. All copies submitted shall be duly

(iii) Copies of certificate regarding previous experience, as required.

(iv) Declaration showing all works completed during preceding 5 years and works on hand with the Contractor and

As per NIT &Tender Documents

the value of works that remained to be executed in each case.

(v) A certificate of Registration as approved contractor of prescribed category from authorities stipulated in Notice

Inviting Tenders.

(vi) P.A.N. issued by Income Tax Department.

(vii) Copy of Provident Fund Registration - Code No.

(viii) Duly filled in and digitally signed declaration form as provided after as last item of section-1 & Memorandum

duly filled in & digitally signed as given in section-2.

(ix) A solvency certificate of an Amount of 20% (Twenty Percent) of estimated cost put to tender will have to be

produced along with tender. It shall be of Scheduled Bank or Nationalized Bank or Bank Approved for

Government business. Solvency Certificate shall have validity of same calendar year as that of date in which

tender is issued.

(x) Required Annexures duly filled in when prequalification in involved.

Required documents are to be submitted in electronic format only as part of tender document failing

which the tender will be rejected outright and will be considered as NON-RESPONSIVE.

10.0 Tender liable to be Invalid:

It may please be noted that the tender is liable to be considered invalid especially, if the requirements as per

Instruction No.(1) to (9) above are not complied with.

11.0 Right of rejection of tenders.

(i) Right is reserved by the Tender Inviting Authority to reject any or all tender(s) without assigning any reason

(ii) In addition to the above, the tender will also be liable to be rejected outright if:

(a) The tenderer proposes any alteration in the work specified or in the time allowed for carrying out the

work or in any condition.

(b) The tenderer or in the case of a firm, each partner or the person holding the power of attorney thereof

does not digitally sign section-2 or signature/s is/are not attested by a witness.

(c) If the tenderer adopts unhealthy / mal practice / corrupt practice for securing and performing contract.

12.0 Method of Tendering :

12.1 If the tender is made by an individual, it shall be digitally signed by the proprietor above his full name and the

full name and current address.

12.2 If the tender is made by a proprietary firm, it shall be digitally signed by the proprietor above his full name and

current name of his firm with its current address.

12.3 If the tender is made by a firm of partnership, it shall be digitally signed by a partner of the firm holding the

power of attorney and digital certificate for the firm. A certified copy of the power of attorney shall be provided

in physical form along with other documents. A certified copy of the partnership deed, full name and current

address of the firm and full names and the current addresses of all the partners of the firm shall also be provided

along with other documents.

12.4 If the tender is made by a limited company or a limited corporation, it shall be digitally signed by a duly

authorized person holding digital certificate for the company/corporation and power of attorney for signing

the tender in which case a certified copy of the power of attorney shall be provided separately in physical form

along with other documents. Such limited Company or Corporation may be required to furnish satisfactory

evidence of its existence before the contract is awarded.

12.5 All digital signatures in the tender document shall be dated.

13.0 Eligibility and qualification requirement :

To establish acceptability of the offer to the satisfaction of Tender Inviting Authority the tenderer shall provide

13.1 Details of plant and machinery immediately available with tenderer for use on the works.

13.2 Details of plant and machinery proposed to be procured for the works.

13.3 Details of technical, supervisory and administrative personnel already employed by the tenderer that he

As per NIT &Tender Documents

proposed to utilize for this work and such other personnel he proposes to employ further for this work.

13.4 Copies of registration certificate and P.A.N. allotted by income Tax Office.

13.5 List of works already completed by the Tenderer during last 5 Years.

M&R work of ML Gangotri at New Port, Bhavnagar

13.6 List of works on hand on the date of submitting tender.

13.7 In respect of Road works estimated to cost above Rs.7.50 Crores, bridges as well as building works estimated

to cost above Rs.7 Crores. The offers of bidders fulfilling the pre-qualification requirements only shall be

14.0 Deviation or modifications in Tender Documents :

14.1 All tenderers are cautioned that tender containing any condition and/or deviation from the contractual terms

and conditions, specifications, quoting offering rates/prices in different manner than specified in the tender

and/or any other requirements of tender shall make the tender liable for outright rejection shall be considered

as non-responsive for all practical purposes. However in respect of Tenders under Two cover Bid system,

proposals for deviations on issues stated in the Clause of two cover bids, can be suggested. The decision of the

tender inviting authority in this regard shall be final and binding to the tenderer.

14.2 Alternative tenders are not acceptable.

15.0 Submission of tender

15.1 Tender shall be submitted in an online manner only on websitehttps://tender.nprocure.com

Last date & time of online submission:“As per NIT”

15.2 Tender fee, EMD and other documents should be submitted in electronic format only through on line (by

scanning) while uploading the bid. However for the purpose of realization of D.D. the bidder shall send the D.D.

in original to Tender opening Authority/inviting authority which ever case may be send the same through

R.P.A.D/speed post only So as to reach“As per NIT”mentioning the name of work on the envelop (R&B D Circular

16.0 Evaluation of Tenders :

16.1 Evaluation will be made to determine the acceptability, adequacy and reasonability of rates, his past

performance and present resourcefulness.

16.2 To assist in the examination, evaluation and comparison of tender, the tender inviting authority may ask

tenderer individually for clarification of their tenders including breakdown of unit rates. The request for

clarification and response shall be in writing but no change in substance of the tender shall be sought, offered

or permitted at that stage.

16.3 Award may be made to the tenderer whose responsive tender is determined to be the lowest evaluated tender

and who meets the appropriate standards of capacity and financial resources.

17.0 Receipt of Payments: Receipt of payment made on account of any work, when executed by a firm shall be

signed by all the partners except where the contractors are described in their tender as firm in which case the

receipt shall be signed in the name of the firm by one of the partners or by some other person having authority

to give effectual receipts for the firm.

18.0 Bids should be Off Line (Not) only.

19.0 General rules and directions:

19.1 No receipt for any payment made by a contractor will be entertained by the Government in regard to any matter

relating to this tender or the contract shall be valid and binding on the Employer unless it is signed by the

Authorized staff members of the Government.

19.2 All works shall be measured net by standard measure and according to the rules and customs of the R&B/

Water Resources Department or any other method approved by the R & B/Water Resources Department

without reference to any local custom. The measurements of work will be taken according to the usual method

in use in the Roads & Buildings Department and no proposal to adopt alternative method will be accepted. The

Executive Engineer’s decision as to what is the usual method in use in the Roads & Building Department will

19.3 In the event of any error or discrepancy in write up to tender documents the contractor will not take any undue

advantage of such error or discrepancy and Engineer-in-charge shall have powers to interpret and decide

correct meaning of contradictory erroneous writing.

19.4 The contractor shall not be permitted to tender for the work in which his near relative is working as the officer

in the sphere of his jurisdiction in the Tender inviting authority.

Note:By term “near relative” is meant wife, husband, parents, children, brothers, sisters, uncles, aunts, cousins,

19.5 The contractor should compulsorily furnish his latest address (es) including the latest address of his Partners

and the place(s) of filling his/their income tax returns along with the tender. Any changes, in such addresses,

during the tenure of contract should invariably and forthwith be intimated by the Contractor to the Executive

M&R work of ML Gangotri at New Port, Bhavnagar

20.0 Submission of additional information/documents:In addition to various specified documents and

information required to be submitted along with tender, the bidder may be required to provide any other

document/relevant information as considered necessary by the tender inviting authority and the tenderer

shall be required to provide the same as per the requirement of the tender inviting authority. Even the

successful bidder may be required to provide the same and when required by the authority during subsistence

of the contract.

21.0 Bank:Wherever the word “Bank” is used in this document, it would mean Schedule or Nationalized Bank or

other banks approved for Government business only. (R & B D.G.R. No./TNC/1090/100-(4)(C) dated

22.0 Tender validity period:The tender for the work shall remain open for a period for 120 days counted from the

date of opening on line tenders. During this period if any tenderer withdraws or makes any modifications or

additions in the terms and conditions of his tender not acceptable to the Government (Public Works

Department) then the Government shall without prejudice to any right remedy be at liberty to forfeit in full

they said earnest money absolutely. In this connection G.R, R & BD No.TNC-IIB-22(10)-C, dated 24/5/90 and

G.R No.TNC-10-2013(02)-C dated 10/5/2013) should be referred to.

23.0 The successful contractor shall exhibit the board in prominent place of work site showing the brief details of

project/ work under execution, financier, cost of work and board details of inputs/ specifications and targeted

goals (R & B D. GRs Nos.TNC-1090-24-C dated 18.11.1991, 17.08.2002 and 25.10.2002).

24.0 The contractor will not use the premises of project/ work under construction for his staff, labourers or for any

other purpose. If he do so, market rent for such unauthorized used will be recovered. The marker rent will be

decided by the Engineer in charge.

25.0 All statutory taxes deductible at source under various acts and notification by Government shall be deducted

while making payment for which T.D.S. certificate shall be issued.

26.0 Declarations: The tenderer will have to make declaration enlisted in the form attached herewith and shall affix

his signature to the form in token of correctness of declarations made therein. (G.R. R & B D. No.TNC-IIB-

22(10)-C dated 24.05.1990 should be referred to).

DECLARATION FORM

(i) I/We hereby declare that I/we have visited the site and fully acquainted myself/ourselves with the local

situations regarding materials, labour and other factors pertaining to the work before submitting this tender.

(ii) I/We hereby declare that I/We have carefully studied the conditions of contract, specifications and other

documents of this work and agree for executing the same accordingly. DECLARATION CERTIFICATE (G.R.

dated 4/2/89 as revised by GR No.TNC-1083/6681/4/C Dt.31/8/1994)

(iii) I/We hereby declare that my/our near relative are not working in this Division or in its sub division as an

Executive Engineer, Deputy Executive Engineer, Assistant Engineer, Additional Assistant Engineer, overseer,

Divisional Accountant, Store Keeper, Manager of Atithi/ Vishram Gruha and in the circle as a Superintending

Engineer in addition for Panchayat works not working as chairman of P.W. committee or as incumbent in Jilla

Panchayat at today.

27.0 SFDGM JS"VM0"Z .xI] YIF 5KL T]T"H SFDGF :Y/ p5Z T[ SFDGL GLR[GL lJUTM NXF"JT]\ AM0" .ÔZNFZ[ 5MTFGF BR[" 5|NlX"T SZJFG]\

~FP 5F\R ,FBYL JWFZ[ lS\DTGF Z:TFq5],MqDSFGMGF\ SFDM p5Z SFDGL lJUT NXF"JTF\ AM0"ov

!P SFDG]\ GFD sSFDGM 5|SFZf o &P ;]5ZJF.hZL :8FOGF\ GFD o

ZP lJEFUG]\ GFD o *P SFD X~ SZJFGL TFZLB o

#P 5[8F lJEFUG]\ GFD o (P SFD 5]Z]\ SZJFGL TFZLB o

$P 8[g0ZGL ZSD o )P SZJFGF\ SFDGL 8\}SL lJUT o

5P .ÔZNFZzLG]\ GFD o

v DF8L SFDGL Ô0F. _______________ ;[PDLP v D[8,GF 5|YD :TZGL Ô0F. _______________ ;[PDLP

v 0FDZGL ;5F8LG]\ SFD ____________ ;[PDLP v D[8,GF ALÔ :TZGL Ô0F. _______________ ;[PDLP

v 0FDZGL ;L,L\U ;ZO[;G]\ SFD _______________ ;[PDLP

v 5],GF\ ________ ,\AF.GF ________ UF/F v 5],GF\ 5FIGF SMgÊL8G]\ 5|DF6 __________ s;LD[g84 S5RL4 Z[TLf

M&R work of ML Gangotri at New Port, Bhavnagar

v 5],GF\ YF\E,FqV[A8D[g8GF SMgÊL8G]\ 5|DF6 ________________ s;LD[g84 S5RL4 Z[TLf

v ;]5Z :8=SRZGF SMgÊL8G]\ 5|DF6 __________________________ s;LD[g84 S5RL4 Z[TLf

v VgI lJX[QF Ô[UJF.P

v 5FIFGF SMgÊL8G]\ 5|DF6 ________ s;LD[g84 S5RL4 Z[TLf

v .\8MGF R6TZDF\ ;LD[g8qZ[TLG]\ 5|DF6 _______ s;LD[g84 Z[TLf

v EMITl/IFGF SMgÊL8G]\ 5|DF6 _______________ s;LD[g84 S5RL4 Z[TLf

v EM\ITl/I[_______________ ;[PDLP Ô0F.GL _______________ ;[DLP ;F.hGL DMh[S 8F.<;

v AFZL AFZ6Fv;FUL ,FS0FGFq:8L, Ë[DqVgIP

VgI SFDMo IMHGFGM C[T] TYF 8}\SDF\ ;FDFgI HGTFG[ HF6JF HMU U]6J¿F WMZ6MGL lJUTP

VFZP;LP;LP SFDM o

VFZP;LP;LP SFDDF\ SMgÊL8G]\ 5|DF6 _______________ s;LD[g84 S5RL4 Z[TLf

GM\Wv! o VF SFDGF lJUTJFZ :5[XLOLS[XG GFIA SFI"5F,S .HG[ZzL4_______________ 5[8F lJEFU _______________ GL SR[ZLVM

VMlO;GF ;DI NZdIFG SM.56 ;DI[ Ô[. XSX[P VF SFDGL DFl,SL ÔC[Z HGTFGL K[ VG[ SFDDF\ SM. 1FlT S[ VlGIlDTTF H6FI4 TM T[

AFATDF GLRF SM.56 VlWSFZLGM;\5S" SZJF TYF T[DG]\ wIFG NMZJF lJG\TL K[P s!f GFIA SFI"5F,S .HG[ZzLGL

SR[ZLPPPPPPPPPPPPPPPPP sZf SFI"5F,S .HG[ZzLGL SR[ZLPPPPPPPPPPPPPPPPP s#f VlWÙS .HG[ZzLGL SR[ZLPPPPPPPPPPPPPPPPP

GM\WvZ o DSFG H[JF ;LlDT 1F[+O/ DF8[ V[S AM0" D]SJ]\ H~ZL K[P HIFZ[ Z:TF4 5],MDF\ 5F6LGL 5F.5 ,F.G4 U8Z ,F.G4 S[GF, lJU[Z[

SFDMDF\ ,\AF.GM jIF5 JW] CMI tIFZ[ VFJF SFDMDF\ V[S SZTF\ JW] AM0" sHGTFGL VJZHJZ JW] CMI tIF\ T[DH A\G[ K[0F p5Z VG[ JrR[f

8=FOLS ;,FDTLG[ wIFG[ ZFBL AM0" D]SJFGF ZC[X[P sDFPDPlJP 9ZFJ G\P8LPV[GP;LP!_)_vZ$v;4 TFP!(v!!v!))!4

TFP!*v(vZ__Z TYF TFPZ5v!_vZ__Z4 TFP5v#vZ_!!GM 9ZFJf

28.0 Additional Instruction regarding Security Deposit (Clause-1)

28.1 The full amount of Security Deposit deducted in cash from running bills will be released proportionally as

indicated in table below on production of Bank Guarantee of schedule Bank provided the contractor produces

Bank Guarantee for the period of six months beyond the stipulated period of completion of work. Further if the

time limit of contract is extended the period of Bank Guarantee shall have to be extended for six months beyond

the proposed extension of time limit and the contractor shall have to furnish the undertaking for this along

with the application for extension in time limit.

Table of Proportionate release of Security Deposit:

Against production of

Sr. Monetary Progress Portion of Security Deposit to be released

Bank guarantee of

Equal to the amount retained from

Equal to the amount

1. 25% of Tender cost Running Bills or 0.625% of the estimated

cost of work, whichever is less.

Equal to the amount retained from

Equal to the amount

2. 50% of Tender cost Running Bills or 1. 25% of the estimated

cost of work, whichever is less.

Equal to the amount retained from

Equal to the amount

3. 75% of Tender cost Running Bills or 1.88% of the estimated

cost of work, whichever is less.

28.2 It will have to be ensured that the ten percent amount of security deposit in any form as permissible above is

kept available with the employer till the actual date of completion of work. (Vide as per R & B Circular No.TNC-

29.0 Erasures - Persons tendering are informed that no alterations by them in the next of the document sent

herewith will be allowed and any such alterations will be disregarded.

30.0 The percentage in Schedule B must be given in words and figures. Amount this worked out must also be entered

in column and grand total of amount must be struck out by the tenderer.

in column and grand total of amount must be struck out by the tenderer.

31.0 Discrepancies and adjustment of Errors:

Any error in quantity or amount in Schedule 'B' showing items of work to be carried out shall be adjusted in

accordance with the following rules.

(a) In the event of a discrepancy between description in words and figures quoted by a tenderer in the rates

column, the description in words shall prevail.

(b) In the event of an error occurring in the 'amount' column of the Schedule 'B' showing items if work, as a

result of wrong multiplication of the unit rate and quantity; the unit rate shall be regarded as firm and

multiplication shall be amended on the basis of the rate.

M&R work of ML Gangotri at New Port, Bhavnagar

(c) All errors in totalling in 'amount' column in carrying forward totals shall be corrected.

(d) Any rounding of amount against "items" or in "totals" shall be ignored

The tendered sum so altered shall for the purpose of the tender be substituted for the sum originally tendered

and considered for acceptance.

32.0 (i) It may please be noted that the tender will be considered as invalid, especially, if the requirements as per

instruction No.1 to 9 above are not complied with before submitting the tender. Also please read carefully the

face sheet and 'General Rules and Directions for the guidance of contractor's of this form.

33.0 All corrections and additions or pasted slips should be initialed.

34.0 The tenders shall be received only under "Registered Post" or "Speed Post" No other system, namely receiving

of tenders by Hand Delivery 'or' by Express Delivery 'or' in person, should be adopted under any circumstances.

(Vide GR No.TNC-1872(106)-C, dated 12.02.1974)

(i) Late tenders (i.e. tender received after the specified time of opening), delayed tenders. (i.e. tenders

received before the time of opening but after due date and time of receipt of tenders) and post tenders

offers shall not be opened and considered at all.

(ii) The tenders received (by registered post) after time & the date specified in the tender notice shall not be

received by the concerned office from the postmen, for which, date and time may be recorded on the cover

of the tender as to when tender was refused by the Divisional Accountant or the Divisional head or any

other person in charge.

(iii) Necessary records should be maintained for refusal of such tenders in the registers for receivingtenders

and should be initialled by the concerned Executive Engineer.

35.0 The above instructions are applicable when B-1 Tender are invited On Line (E -procure) B- 1 Tender are invited

Off Line i.e. in hard Copy in the above instruction, where-ever. The words "ONLINE" electronically by scanning

are used the same may be understood as the same may be understood as "OFFLINE" in hard copy by registered

post etc. This change will affect in formation and instruction to tenderers section instruction 1, 4, 7, 8.9.11.12.

(Digital Signature of Contractor with Seal)

TENDER FOR WORK - SFD DF8[G]\ 8[g0Z

I/ We hereby tender for the execution for the Governor of Gujarat (hereinbefore and hereinafter referred to as

Government) of the work specified in the underwritten memorandum within the time specified in such memorandum

at + _____________________________ percent below/ above the estimated rates specified in Schedule 'B' (memorandum

showing item of works to be carried out) and in accordance in all respects with the specifications, designs, drawings

and instructions in writing referred to in this tender and in Clause-13 of the annexed conditions of contract and agree

that when materials for the work are provided by Government, such materials and the rates to be paid for them shall

be as provided in Schedule 'A' hereto.

VFYL C]\qVD[ VG];}lR cBc CFY WZJFGF SFDGL AFATM NXF"JTL IFNLDF\ lGlN"Q8 V\NFHL NZ SZTF\ + _____________________ 8SF GLRFvp\RF NZ[

IFNLDF\ 9ZFJ[, D]NTGL V\NZ VG[ VF 8[g0ZGL ;FY[ Ô[0[,L S\8=FS8ZGL XZTMGF B\0 !#DF\ H6FJ[,L ,[lBT lJUTM4 l0hF.GM4 0=M.\U VG[ ;}RGFVM

VG];FZ AWL ZLT[4 GLR[ H6FJ[,L IFNLDF\ NXF"J[,]\ SFD SZJF DF8[ U]HZFTGF ZFHI5F, sH[DG[ VCL\ VUFp VG[ CJ[ 5KL c;ZSFZc TZLS[ H6FJ[,

K[f DF8[ 8[g0Z ZH} SZ]\ K]\qSZLV[ KLV[ VG[ T[ SFD DF8[ ;ZSFZ TZOYL DF,;FDFG VG[ T[ DF8[ R}SJJFGF NZ ;FY[GL VG];}lR cScDF\ Ô[UJF.VM SIF"

D]HAGL ZC[X[ T[ DG[qVDG[ SA}, K[P

* Strike out whichever is not applicable *,FU] G 50T] CF[I T[ K[SL GFBJ]P

+ In figures as well as words + V\FS0F T[DH XaN[FD\F

MEMORANDUM - IFNL

H]NF\ H]NF 5[8F SFDMGM ;DFJ[X SZFIM CMI TM T[GL D]B5'Q9 5FGF G\P V[S DF\ NXF"jIF

sSf s!f ;FDFgI J6"G

lJUT V,U IFNLDF\ VF5JLP D]HA

sBf V\NFHL SÄDT ~P sBf V\NFHL SÄDT ~P PPPPPPPPPPPPPPPPPPPPPPPPPPPPP

1 % ~P PPPPPPPPPPPPPPPPPP

sUf AFGFGL ZSD sUf AFGFGL ZSD

M&R work of ML Gangotri at New Port, Bhavnagar

sWf ÔDLG VGFDT*s5F\R 8SFf

sWf s!f ;ZNFZ ;ZMJZ GD"NF lGUDGL V[S S[ T[GL JW] JQF"GL D]NTJF/L YF56

s0L5MhL8 :J~5[f VYJF GFGL ART :J~5[ sS], l05MhL8 ZSDGF 5_ 8SF ;]WLf 2.5 % ~P PPPPPPPPPPPPPPPPPP

sWf sZf V\NFHLÒ SL\DTGF ZP5@ HFDLG VGFDTGL ZSD .ÔZNFZGF ZGL\U

lA,MDF\YL YI[, SFDGL R}SJJFGLP ZSDDF\YL S5FT SZJFDF\ VFJX[P DC¿D 2.5 % ~P PPPPPPPPPPPPPPPPPP

ZSD S5FIF AFN ZGL\U lA,DF\YL S5FT A\W SZJFDF\ VFJX[P

sRf VG];]lRT A[gSG]\ 5ZOMZDg; AMg0 s~l5IF #_ ,FB p5ZGF SFDDF\ V\NFHL

5 % ~P PPPPPPPPPPPPPPPPPP

SÄDTGF 5 8SF ,[B[f

;ZJF/M S], 5/10 % ~P PPPPPPPPPPPPPPPPPP

* Vide R & BD G. R. No. TNC – 1088 – 1B/1 (13) / C dated 4-5-1993 & revised vide G.R. No. TNC-1088/IB/18(13)-C,

dated 31-8-94. & TNC-10-2013-3-(Part-1)-C, dated 19/11/2013

AL,DF\YL SF5[, ZMS0 HFDLG VGFDT GFGL ART 5|DF65+ S[ V[OP0LPVFZP DF\ ~5F\TZ SZJF SMg8=FS8Z ,[BLT H6FJX[ TM T[ D]HA ~5F\TZ SZFJL

XSX[P VF D]HAGL ~5F\TZLT HFDLG VGFDT TYF SZFZGFD]\ SZTL JBT[ ZH] SZ[, jIFH]SL HFDLG VGFDTGL D]NT 5FSTF V[S DCLGF VUFp

SMg8=FS8Z ,[BLT H6FJX[ TM T[ VGFDT SMg8=FS8Z H6FJ[ T[8,F ;DI DF8[ ZLgI] SZFJL V5FX[P

(i) Time allowed for the completion of work from date of written order to commence “As per NIT”.

sKf SFD X~ SZJFGF ,[lBT C]SDDF\ lGIT SZ[, TFZLBYL 5}~\ SZJF DF8[ VF5[,L D]NT“As per NIT” P

Give Schedule where necessary showing dates by which the various items are to be completed.

H[ TFZLBM ;]WLDF\ H]NL H]NL AFATM 5}ZF SZJFGL CMI T[ TFZLBM NXF"JJL VG];}lR H~Z CMI tIF\ VF5JL o

(ii) Should this tender be accepted, I/We hereby agree to abide by fulfil all the terms and provisions of the conditions of

the Contract annexed here to so far as applicable and in default thereof to forfeit and pay to Government in Office

the sums of money mentioned in the said conditions.

sHf VF 8[g0Z :JLSFZJFDF\ VFJX[ TM ,FU] 50TL CX[ tIF\ ;]WL4 VF ;FY[ Ô[0[,L S\8=FS8GL AWL XZTMGL Ô[UJF.VMG]\ 5F,G SZJF VG[ T[G[ 5lZ5}6"

SZJF C]\qVD[ A\WFp\ K]\ q A\WF.V[ KLV[ VG[ T[D SZJFDF\ S;}Z YI[ pST XZTMDF\ NXF"J[, ZSD ;ZSFZDF\ HDF SZFJJF VG[ R}SJJF C]\ q VD[

;\DT YFp\ K]\ q Y.V[ KLV[P

(Receipt No. ___________ dated _______________ from the Government Treasury or Sub-Treasury at _____________ in respect of

sum Rs.*_________________________________ is forwarded herewith representing the earnest money + (a) the full of value of

which is to be absolutely forfeited to Government should 1/We not deposit the full amount of security deposit specified

in the above memorandum in accordance with Clause-I of the said conditions, otherwise the said sum of above

Rs.______________________________shall be refunded).

The tender is hereby accepted by me on behalf of the Governor of Gujarat.

EXECUTIVE ENGINEER (or his authorized assistant ………………………………………… Division.

+ Strike out (a) if no cash Earnest Money is to be taken * Amount to be specified in words and figures.

x Signature of Contractor before submission of tender x8[g0Z ZH} SZTF 5C[,F S\g8=FS8ZGL ;CL

Note:The normal rate of Security Deposit is 5 percent for works upto Rs. 30 lacs and further 5 % as performance bond

for works above Rs. 30 lacs. Out of 5 % of Security Deposit 50 % is Payable at the time of acceptance of tender and the

balance by deduction from progress bills.

TERMS & CONDITIONS OF CONTRACT

CLAUSE 1 - Security Deposit:

1.1 Security Deposit is required to be furnished by the contractor as guarantee money for performance of the contract

and observance of Contract Conditions.

1.2 The person/ persons whose tender is accepted (hereinafter called the “Contractor” which expression shall, unless

excluded by, or repugnant to the context include his Legal heirs, executors, administrators and assignees shall pay

the total amount of Security Deposit:

the total amount of Security Deposit:

M&R work of ML Gangotri at New Port, Bhavnagar

(a) In respect of the tender up to Rs. Thirty lacs, equal to 5 (Five) percent of the estimated cost of the work put to

(b) In respect of the work above thirty lacs, equal to 10 (Ten) percent of the estimated cost of the work put to

1.3 In respect of the tenders up to Rs.30 lacs the contractor shall pay Five percent of Security deposit in two parts as

Part-I : 2.5 percent in the form of Narmada Bond of Sardar Sarovar Narmada Nigam Ltd. or in any form of National

Small saving (N.S.S.) Schemes or F.D.R.Asofper

ScheduleDocuments

Bank to be paid within 10 days from the date of receipt of

Acceptance letter of his offer.

Part-II: 2.5 percent in the form of cash/ Security Deposit to be deducted from Running Bills that become payable

to the contractor from time to time.

1.4 In respect of the tenders above Rs. Thirty lacs the contractor shall pay first five percent of Security Deposit as

specified in part 1.3 above and for the remaining five percent, the contractor shall have to give Performance Bond

to be produced within 10 days from the date of receipt of acceptance letter of his offer.

1.5 The work-order to commence to work shall be issued only after the security deposit as per Para 1.3 and 1.4 is

paid/ furnished by the tenderer. If the tenderer fail to produce the security deposit as above the earnest money

paid by him shall be forfeited and his registration shall be held in abeyance for three years from the date of such

default as per Clause-3.

1.6 All compensation, liquidated damages or other sums or money payable by the contractor to Government under

the terms of this contract shall be deducted from or recouped by the realization of a sufficient part of his security

deposit, or from the interest arising there from or performance bond or from any sums which may due or may

become due by Government to the Contractor on any account whatsoever and whether in respect of this contract,

any other contract, or otherwise. In the event of his security deposit being reduced by reason of any such deduction

or recoupment as aforesaid, the contractor shall within ten days thereafter, make good in cash or in Government

securities transferred as aforesaid any sum or sums required to make good the shortfall in the amount of the

security deposit.

1.7 The portion of security deposit deducted at 2.5 percent from running bills as security deposit can be converted in

to interest bearing securities or F.D.R. of Schedule Bank in the Name of Executive Engineer provided that the

recovery of full amount of 2.5% is made and that the contractor has expressly desired this in writing.

1.8 Fifty percentage of the Security Deposit along with performance bond shall become refundable within fifteen days

after the final completion certificate is issued as per Clause-7. This action will be taken by the Executive Engineer

and no proposal from Deputy Executive Engineer will be necessary. All dues under this contract or other contract,

or otherwise shall be recovered from the aforesaid amount of fifty percentage of the said security deposit and the

balance shall be refunded within fifteen

Tenderthe final certificate is issued as per clause 7. The remaining fifty

percentage of the security deposit shall be refunded after the expiry of the Defect Liability period as per clause

and 17-A after deducting there from the amount of expenses, if any, due to Government under this contract.

However before release of balance of Security Deposit, the undertaking should be obtained from the contractor

that he has paid royalty on mining materials and still if any dues for royalty charges are to be paid, he undertakes

to pay the same to the concerned authority. "No due certificate" from Royalty collecting authority should not be

insisted upon. (See Performance Bond on Page No.44) (Modified as per R&B Circular No.TNC-10-2013-3-(Part-

2)C dated 20-11-2013), No. CON 10-2016-02-C dated 24-10-2017 and No.TNC-10-2013-(4)-C dated 24-10-2017.

Also refer instruction 25 under Section I General Rules & Directions for the guidance of contractors.

CLAUSE 2 - Liquidated damages for delay: (i) If the Contractor fails to complete the work under contract by the

stipulated date, he shall pay liquidated damages of Rs. 0.1* percentage of the contract value per day from the date of

delaying the said work up to the date of completion and handling over to the Government.

*As corrected vide- B & CD GR No. TNC - 1091 -1B – 10 / (11) - C, dated 29-6-92.

** Normal rate of Security Deposit is 5% for work up to Rs.30 Lacs & further 5% in form of performance bond for work above Rs.30

(ii) However also it the contractor fails to complete any part of the work as designed in Schedule (c) by the time

indicated against such part, he shall pay Liquidated damages per day from the date of delaying the said part of the

work up to the date of completion of the said designated part at the rates shown in the said schedule of the contract

value of such part for such failure till the said designated part is completed.

(iii) The aggregate maximum of liquidated damages payable under clause No.2 shall not exceed Rs. o.1 percentage of

contract value per day and shall be subject to the maximum amount of ten percentage of the estimated amount put

(iv) Delays requiring payment of ten percentage liquidated damages of the amount put to tender for performance shall

be sufficient causes for termination of contract and for forfeiture of security deposit including amount of

performance bond in respect of works estimated to cost more than Rs. 30 lacs, for performance and registration

of the contractor shall also be kept in abeyance for three years from the date as fixed in all cases.

M&R work of ML Gangotri at New Port, Bhavnagar

CLAUSE 3 - Default by Contractor: If the Contractor shall neglect or fail to proceed with the work with due diligence

or if he violates any of the provision of the Contract, the Engineer-in-charge shall give the Contractor a notice, identifying

deficiencies in performance and demanding corrective action. Such notice shall clearly state that it is given under the

provision of this clause. After service of such notice, the contractor shall not remove any plant, equipment and material

from the site. The Government shall have a lien on all such plant, equipment and material from the date of such notice

till the said deficiencies have been corrected as mentioned in the said notice.

If the contractor fails to take satisfactory corrective action within ten days after receipt of such notice, the Engineer-in-

charge on behalf of Governor of Gujarat shall terminate the contract in whole. In case, the entire contract is terminated,

the amount of security deposit and performance bond if any together with the value of the work done but not paid for,

shall stand forfeited to the Government. The plants, equipment and materials, held under this clause shall then be at the

disposal of the Government to recover the amount equivalent to the liquidated damages and registration of the

contractor shall be kept in abeyance for three years from the date as fixed in all such cases.

The Engineer- in-charge if necessary shall direct that a part or the whole of such plant, equipment and material be

removed from the site within a stipulated period. If the Contractor fails to do so, the Engineer-in- charge shall cause

them or any part of them to be sold holding the net proceeds of such sale to the credit of the Contractor. After settlement

of accounts, the lien by the Government of the contractor's remaining plant equipment and balances of materials shall

Termination of the contract in whole shall be an adequate authority for the Engineer-in-charge to demand discharge of

the obligations from the guarantors of the security for the performance.

CLAUSE 4: If the progress of any particular portion of the work under Contract is unsatisfactory, the Engineer-in-charge

shall, notwithstanding that the general progress of the work is satisfactory, in accordance with Clause 2 be entitled to

take necessary action under Clause 3, after giving the Contractor ten days’ notice in writing and the contractor shall

have no claim whatsoever for any compensation for any loss caused to him due to such action.

(Clause 1, 2, 3, and 4 are substituted vide GR No.TNC-1091/IB-10/(l 1)-C, dated 15-10-91 & modified by GR dated 29-10-91 &

G.R.No.TNC-1088/IB/18/(13)-C dated 31-8-94 and No.TNC/10/2002/14-C, dated 28-4-03 and 10-9-03)

CLAUSE 5: In any case in which any of powers conferred upon the Engineer-in -charge by clause 3 hereof shall have

become exercisable and the same shall not have been exercised, the non-exercise thereof shall not constitute waiver of

any of the conditions hereof and such powers shall notwithstanding be exercisable at any future date.

CLAUSE 5A: In the event of the Engineer-in-charge taking action under clause 3, he may, if so desire, take possession of

all or any tools, plants, machineries, materials and stores in or upon the work or the site thereof or belonging to the

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

allowing for the same in account at the contract rate or in case of contract rates not being applicable at such reasonable

rates, as may be comparable to current market rates where ascertainable of similar articles and comparable condition,

to be certified by the Engineer-in-charge. In the alternative the Engineer-in-charge may by notice in writing to the

contractor or his clerk of the works foreman or other authorized agent require him to remove such tools, plants,

machineries, materials or stores from the premises within a time to be specified in such notice and in the event of the

contractor failing to comply with any such requisition, the Engineer-in-charge may remove them at the contractor's

expense or shall remove them by auction or private sale at the risk and cost of the contractor in all respects, and the

certificate of the Engineer-in-charge as to the expenses of any such removal and the amount of the proceeds and

expenses of any such removal shall be final and conclusive against the contractor.

CLAUSE 6 - Extension of time : If the contractor shall desire an extension of the time for completion of the work on the

ground of his having been unavoidably hindered in its execution or any other ground he shall apply in writing to the

Engineer-in-charge before the expiration of the period stipulated in the tender or before the expiration of 30 days from

the date on which he was hindered whichever is earlier and the Engineer-in-charge may, if in his opinion, believe that

there are reasonable grounds for granting an extension, grant such extension, as he thinks necessary or proper. The

decision of the Engineer-in-charge in this matter shall be final.

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CLAUSE 7 : As soon as the work is completed, the contractor shall give a notice of such completion to the Engineer-in -

charge and on receipt of such notice the Engineer-in-charge shall inspect the work and if he is satisfied that the work is

completed in all respects then:-

(i) For all works costing up to Rs. 50 lakhs (amount put to tender) the final measurements shall be recorded within

45 days from the date of physical completion of the work and the final bill shall be prepared within 45 days from

the date of recording final measurement. The completion certificate shall be issued within one month from the

date of final measurements subject to the contractor fulfilling his obligation as provided in the contract and subject

to the work being complete in all respects.

M&R work of ML Gangotri at New Port, Bhavnagar

(ii) In respect of works costing more than Rs. 50 lakhs (amount put on tender), the final measurements shall be

recorded within 75 days from the date of physical completion of the work and the final bill shall be prepared within

75 days from the date of recording final measurements subject to the contractor fulfilling his obligations as

provided in the contract and subject to the work being complete in all respects.

When separate period of completion have been specified for items or groups of items, the Engineer-in-charge shall

issue, separate completion certificate for such items or groups of items.

No certificate of completion shall be issued nor shall the work be considered to be complete till the contractor shall

have removed from the premises, on which the work has been executed, all scaffoldings, sheds and surplus materials,

except such, as are required for rectification of defects; rubbish and all huts and sanitary arrangements required for his

workmen on the site in connection with the execution of the work, as shall have been erected by the contractor for the

workmen and cleared all dirt from all parts of building(s) in, upon or around which the work has been executed or of

which he may have possession for the purpose of the execution thereof and cleared floors, gutters and drains, cased

doors and sashes, oiled locks and fastenings labelled keys clearly and handed them over to the Engineer-in-charge or

his representative and made the whole premises fit for immediate occupation or use to the satisfaction of the Engineer-

in -charge. If the contractor shall fail to comply with any of the requirements, of these conditions as aforesaid, on or

before the date of completion of the works, the Engineer-in-charge may, at the expense of the contractor, fulfil such

requirements and dispose of the scaffolding, or surplus materials and rubbish etc. as he thinks fit and the contractor

shall have no claim in respect of any such scaffolding or surplus materials, except for any sum actually released by the

sale thereof less the Cost of fulfilling the requirements and any other amount that may be due from the contractor. It

the expenses of fulfilling such requirements is more than the amount realized such disposal as aforesaid the contractor

shall forthwith, on demand, pay such excess. The Engineer-in-charge shall also have the rights to adjust the amount of

excess against any amounts 'that may be payable to the contractor.

CLAUSE 8:No payment shall be made for any work, estimated to cost less than rupees one thousand till after the whole

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

cost more than rupees one thousand, the contractor shall on submitting a monthly bill therefore, be entitled to receive

payment proportionate to the part of the work then approved and passed by the Engineer-in -charge, whose certificate

of such approval and passing of the sum so payable shall be final and conclusive against the contractor. All such

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

payments for work actually done and completed and shall not preclude the Engineer-in-charge from requiring bad,

unsound, imperfect or unskilled work to be removed and taken away and reconstructed, or re-erected, nor shall any

such payment be considered as an admission of the due performance of the contractor or any part therefore in any

respect or the accruing of any claims, nor shall it conclude, determine, or affect in any way the power of the Engineer-

in-charge as to the final settlement and adjustment of the accounts or otherwise or in any other way vary or effect the

contract. The final bill shall be submitted by the contractor within one month of the completion of the work, otherwise

the Engineer-in-charge's certificate of the measurements and of the total amount payable for the work shall be final and

the Engineer-in-charge's certificate of the measurements and of the total amount payable for the work shall be final and

binding on all parties.

CLAUSE 9: The rates for items of works shall be valid only when the items concerned is accepted as having been

competed fully in accordance with the sectional specifications, In cases where the items of work are accepted as not so

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

consider reasonable in preparation of final or on account bill.

CLAUSE 10 - Bills to be submitted monthly:A bill shall be submitted by the contractor each month on or before the

date fixed by the Engineer-in-charge for all works executed in the previous month and Engineer-in-charge shall take or

cause to be taken the requisite measurement for the purpose of having the same verified and the claim, so far as it is

admissible, shall be adjusted, if possible, within ten days from the presentation of the bill. If the contractor does not

submit the bill within the time fixed as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the

said work in the presence of the contractor or his duly authorized agent whose countersignature to the measurement

list shall be sufficient warrant and the Engineer-in-charge may prepare a bill from such list which shall be binding on

the contractor in all respects.

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CLAUSE 11: The contractor shall submit all the bills on the printed forms to be had on application at the office of the

Engineer-in-charge. The charges to be made in the bills shall always be entered at the rates specified in the agreement

or at the partly reduced rates subject to the approval by the Engineer-in-charge in the case of Items not

completed/executed as per agreements or in the case of any extra work ordered in pursuance of these conditions and

not mentioned or provided for in the tender, at the rate here in after provided for such work.

CLAUSE 12: If the specification of the work provides for the use of any special description of materials to be supplied

from the Departmental Store or if it is required that the contractor shall use certain stores to be provided by the

M&R work of ML Gangotri at New Port, Bhavnagar

Engineer-in-charge (such materials and stores and the prices to be charged therefore as here in after mentioned being

so far as practicable for the convenience of the contractor but not so as in any way to control the meaning or effect of

this contract specified in the schedule or memorandum here to annexed) the contractor shall be supplied with materials

and stores as may be required from time to time to be used by him for the purpose of the contract only, and the value

of the full quantity, of materials and stores so supplied shall be set off or deducted from any sum then deposit, or the

proceeds of sale thereof, if the deposit is held in govt. securities, the same or a sufficient portion thereof shall, in that

case be sold for the purpose. All materials supplied to the contractor shall remain the absolute property of Govt. and

shall on no account be removed from the site of the work, and shall at all time, be open to inspection by the Engineer-

in-charge. Any such materials, unused and in perfectly good condition at the time of completion or termination of the

contract, shall be returned to the Departmental store if the Engineer-in-charge so requires by a notice in writing given

under his hand, but the contractor shall not be entitled to return any such materials except with the consent in writing

of the Engineer-in-charge and he shall have no claim for compensation on account of any such material supplied to him

as aforesaid but remaining unused by him or for any wastage in or damage thereto.

For materials provided in Schedule-A and consumed in excess quantities, the rates provided in Schedule-A shall be

increased/decreased corresponding to the increased/decrease in the new rate payable for excess quantity as compared

to the tender-rates. The rate for materials provident in extra items will be the issue rates plus storage charge ruling on

the date of issue of such quantity of materials.

CLAUSE 12A: The contractor shall be entitled to use the materials supplied by the Department only to the extent of

quantities of such materials required for execution of the work as per theoretical calculations. The Engineer-in- charge

may however, on being satisfied that a large quantity of such materials is required for the execution of the work, permit

the contractor to use such larger quantity of the materials. Such permission shall be given in writing.

The contractor is bound to return in good condition such materials issued in excess of the requirements so worked out

This Clause has been Deleted

or in excess of the quantities so permitted to be used by the Engineer-in-charge. If the contractor fails to return such

extra materials within a period of 15 days from the date of the demand in writing of such materials being made by the

Engineer-in -charge, he shall be charged for the excess materials at double the issue-rate for such materials specified in

Schedule-A of the contract Agreement.

CLAUSE 12B: All stores and materials such as cement, if the consumption of which exceeds 25 tons and steel etc.,

supplied to the contractor by Government shall be kept by the contractor in separate godown provided with a double

lock. The key of one of the lock shall remain with the Engineer-in-charge or his agent. The godown shall be accessible

This Clause has been Deleted

to the Engineer-in-charge or his agent at all times. No materials shall be allowed to be removed from the site of the work

and any material required for the execution of the work shall be taken out from the godown only in the presence of a

duly authorized agent of the Engineer-in-charge.

CLAUSE 13: (1) The contractor shall execute the whole and every part of the work in the most substantial and

workman-like manner and both as regards materials and in other respects in strict accordance with specifications.

The contractor shall also conform exactly, fully and faithfully to the design, drawings and instructions in writing for the

work signed by the Engineer-in-charge. The design and the drawings shall we lodged in the office of the site Engineer-

in-charge to which the contractor shall be entitled to have access for the purpose of inspection at such office during

Where the instructions referred to above are not contained in separate letters addressed to the contractor the same

shall be recorded in the work-order book, which shall be maintained and kept on the site of the work. The contractor

shall be required to sign such entries in the work-order book in token of having noted the instructions. However, if the

contractor fails to sign the work-order book for any reason whatsoever, the entry of the instructions in the work-order

book shall be deemed to be the due notice to him of the said instructions. The work-order book shall be open for

inspections to the contractor on the site of the work during office hours.

(2) The contractor will be entitled to receive one copy of the accepted tender along with the work order free of cost and

will also be entitled to receive three sets of contract and working drawings according to the progress of work as and

when needed, free of cost.

(3)The several documents forming the contract are essential parts of the contract and requirements occurring in one is

binding as through occurring in all. They are intended to be mutually explanatory and complimentary and to describe

and provide for a complete work.

In the event of any discrepancy in the several documents forming the contract or in any one documents, the following

order of precedence should apply:

(a) Dimension and quantities: (i) Drawings (ii) Schedule-B of the Tender form (iii) specifications.

On drawings, figure dimensions, unless obviously incorrect, will be followed in preference to scaled dimensions.

(b) Description: (i) Schedule-B of the Tender form:- (ii) Drawings (iii) Specifications.

In the case or detective description or ambiguity, the Engineer-in-charge is entitled to issue further instructions

directing in what manner the work is to be carried out. The contractor cannot take any advantage of any apparent

error or omission in drawings or specifications and the Engineer-in-charge shall be entitled to make corrections and

interpretations as necessary to fulfil the plans and specification.

CLAUSE 14.1: The Engineer-in-charge 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

M&R work of ML Gangotri at New Port, Bhavnagar

progress of the work and the contractor shall be bound to carry out the work in accordance with any instructions in

this connection which may be given to him in writing signed by the Engineer-in-charge and such alternation 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.

14. 2 Except that when the quantity of any item exceeds the quantity as in the tender by more than 10% the contractor

will be paid for the quantity in excess of 10% at the rate entered in the S.O.R. of the year during which the excess in

quantity is first executed or tender rate whichever is less. (Modified as per R & B G.R. No.TNC-10-2017-01-C, Dated 11-

14.3 If the additional or altered work includes any class of work for which no rate is specified in this contract, then such

class of work shall be carried out.

(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 "Schedule of Rates" of the Division for the year and for materials

consumed on such item the rate to be charged would be the basic rate taken into account for fixing the rate in

S.O.R. referred to above, instead of the rate. Stipulated in Schedule-'A'.

(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.

14.4If 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 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 alternations bears to the cost of the original contract work and the certificate of the Engineer-in-charge as to such

proportion shall be final and conclusive.

14.5 For excess in item of well sinking, the rates for sinking in depth beyond the designed depth shall be as per the rate

quoted by the contractor in the statement of variation. If no rates of variation in sinking are quoted the rate payable

shall be the tender rate for sinking at designed level increased by the difference of schedule of rates for sinking at

designed depth and sinking at the final depth.

CLAUSE 15 - No claim for any payment of compensation for change or restriction of work: If at any time after the

execution of the contract documents the Engineer-in-charge shall for any reason whatsoever, require the whole or part

of the work, as specified in the tender, be stopped for any period or shall not require the whole or part of the work to

be carried out at all or to be carried out by the contractor, he shall give notice in writing, stating the fact to the Contractor

who shall thereupon suspend or stop the work totally or partially, as the case may be. In any such case, except as

provided hereunder, the Contractor shall have no claim to any payment or compensation whatsoever except as

provided hereunder on account of any profit or advantage which he might have derived from the execution of the work

in full but which he did not so derive in consequence of the full amount of the work not having been carried out, or on

account of any loss that he may be put to on account of materials purchased or agreed to be purchased or for

unemployment of labour required by him. He shall not have also any claim for compensation by reason of any

alterations having been made in the original specifications, drawings, designs and instructions which may involve any

curtailment of the work as originally contemplated.

(1) However, the contractor will be entitled for compensation for loss, if any on the date of notice, for the purchased

materials or for the contract executed for the material to be purchased for such work. Such compensation will be

paid only for actual loss for materials, if such materials so purchased or agreed to purchase is of required

M&R work of ML Gangotri at New Port, Bhavnagar

quantity/quality and was purchased / contracted to be ' purchased only for the same work. But no compensation

shall be granted to contractor on material for which advance has been given to contractor by Government. The

amount of loss for such claim will be decided by in charge Engineer-in-charge.

(2) The contractor also will be entitled for compensation of unemployed labourers for 7 days from the date of notice

provided that in that opinion of Engineer-in-charge such labourers were working for 7 days prior to the notice and

would not be in a position to get employment elsewhere within 7 days from the date of such notice. The contractor

should try to employ such unemployed labourers at other places from the date of such notice.

In case the Contractor does not agree with the decision of Executive Engineer regarding the amount of compensation

or loss; it will be open for the contractor to appeal to Superintending Engineer-in-charge within one month from the

date of knowledge of such decision. In such case the decision of Superintending Engineer will be final and binding to

the Contractor.

The Contractor shall not be entitled for loss of any expected profit of such work.

(Vide G. R. No. SSR / 1090 /IB / 247 (2) / C, dated 28-6-1993 as amended by GR of even number dated 11 -2-1999).

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CLAUSE 15A : The contractor shall not be entitled to claim any compensation from Govt. on account of delay by

Government in the supply of materials entered in Schedule 'A' where such delay is caused by (i) Non-supply due to

short allotment of quota in case materials available under quota regulations. (ii) Difficulties relating to the supply of

railway wagon (iii) Force majeure. (iv) Act of God. (v) Act of the country's enemies or any other reasonable cause

beyond the control of Government. This Clause has been Deleted

In the case of such delay in the supply of materials, Government shall grant such extension of time for the completion

of the works as shall appear to the Engineer-in-charge to be reasonable in accordance with the circumstances of the

case. The decision of the Engineer-in-charge as for the extension of time shall be accepted as final by the contractors.

(As modified Vide R & B D. G.R. No. TNC-1096-IB-143-(16)-C dated 11-1-19) .

CLAUSE 16 - Time limit for unforeseen claims: The contractor shall not be entitled to any compensation from

Government on any account unless where allowed by the conditions of this contact. In such cases, the contractor shall

have to submit a claim in writing to the Engineer-in-charge within one month of the cause of such claim occurring.

CLAUSE 17 - Action & compensation in case of bad work:If, at any time before the expiry of Defects Liability period

as detailed in Clause 17-A. It shall appear to the Engineer-in-charge or his sub-ordinate in charge of the work that/any

work has been executed unsound, imperfect or unskilled workmanship or with materials of inferior quality or that any

materials or articles provided by him for the execution of the work are unsound, or of a quality inferior to that

contracted for or are otherwise not in accordance with the contract, it shall be lawful for the Engineer-in-charge to

intimate this fact in writing to the contractor and then notwithstanding the fact that the work, materials or articles

complained of may have been passed, certified and paid for the contractor shall be bound forthwith to rectify, or remove

and reconstruct the work so specified in whole or in part as the case may require, or if so required, shall remove the

materials or articles so specified in whole or in part and provide other proper and suitable materials or articles at his

own charge and cost, and in the event of his failing to do so within a period to be specified by the Engineer-in-charge in

the written intimation aforesaid, the contractor shall be liable to pay compensation at the rate of one percent on the

amount of the estimate of the rectification for every day not exceeding ten days during which the failure so continues,

and in the event of any such failure as aforesaid continuing beyond ten days, the Engineer -in-charge may rectify or

M&R work of ML Gangotri at New Port, Bhavnagar

remove, and re-execute the work or remove and replace the materials complained of as the case may be at the risk and

expense in all respects of the contractor. Should the Engineer-in-charge consider that any such inferior work or

materials as described above may be accepted or made use of, it shall be within his desecration to accept the same at

such reduced rates as he may fix therefore.

However, the contractor shall be responsible for normal maintenance of the work till the final bill for the work is

prepared by the Departmental Officer.

CLAUSE 17A - Defect liability period : The contractor shall be responsible to make good and remedy at his own

expense any defect which may develop or may be noticed before the period mentioned hereunder from the certified

date of completion. The Engineer-in-charge shall give the contractor a notice in writing about the defects and the

contractor shall make good the same within 15 days of receipt of the notice. In the case of failure on the part of the

contractor, the Engineer-in-charge may rectify or remove or re-execute the work at the risk & cost of the contractor.

The Engineer-in-charge shall be entitled to appropriate the whole or any part of the amount of security deposit towards

the expenses, if any, Incurred by him in rectification, removal or re-execution. The Defects Liability period except

original building works shall be as under:

(a) For all works costing up to Rs.50000/- (amount put to tender), the period shall be 3 months from the certified date

(b) For all works costing more than Rs. 50,000 and up to Rs. 1 crore (amount put tender), the period shall be 12 months

from the certified date of completion or one monsoon,

As per whichever is later.

Tender Documents

(c) For major projects costing more than Rs. 1 crore, (amount put to tender) the period shall be 36 months from the

certified date of completion or three monsoons whichever is later.

For the purpose of deciding the monsoon period, the 30th September may be treated as the last date.

(Modified vide R & BD Circular No.PAC-11-102008-2076-N 31-8-2019, PRCH-102013(2076)2759-N Dated 27/05/2013 and Circular

No. TNC/10/2019/Clause 17A (Correction/(1)C dated 12/05/2016.)

CLAUSE 17A - Defect liability period: (Applicable to Tenders for Works of Narmada, Water resources, Water

Supply and Kalpsar department only):-

A. For works other than Buildings

(A) For all works costing up to Rs.50000/- (Amount put to Tender) the period shall be Three Months.

(B.1) for works of Check Dams, Canals, Drainage and road structure estimated to cost more than Rs.50000/- but up to

Rs.10.00 lacs the period shall be Six months.

(B.2) for works other than Check Dams, Canals, Drainage and road structure estimated to cost more than Rs.50000/-

but up to Rs.10.00 lacs the period shall be Six months.

(C.1) for works of check Dams, Canals, Drainage and road structure estimated to cost more than Rs.10.00 lacs the period

shall be Three Years. This Clause has been Deleted

(C.2) for works of check Dams, Canals, Drainage and road structure estimated to cost more than Rs.10.00 lacs but up to

Rs. One Crore the period shall be Twelve Months.

(D) All works estimated to cost more than Rs. One Crore the period shall be Three Years.

B. for Building Works: (i) for buildings estimated to cost up to Rs.50000/- the period shall be three years. (ii) For

buildings works other than original building estimated to cost up to Rs.50000/- but up to Rs. One crore the period shall

be Twelve Months (iii) For original building works the period shall be one year or elapse of one monsoon period

whichever is later.

In above works the period shall be counted from the certified date of completion 30th September shall be treated as

last date of monsoon. (N.W.R. WS. & Kalpsar Department Order No. DT;q!_Z_!#qZqV[DqV[DPVF.P;[,qS[P!TFP!#v!ZvZ_!#))

CLAUSE 17B - Free maintenance guarantee period of three years for works of constructing B.T. surfaces.

(1) Contractor shall have to give three years free maintenance guarantee for period from the certified date of taking

over. During this period contractor shall have to repair the damaged portion or the any portion of road and B.T.

surface of road including pot holes, depressions, cuts or worn out portion at his risk and cost as per directions of

Engineers. Five percent of value of B.T. items in each running bill shall be withheld and released after this period

is over. Provided for this amount the contractor shall be allowed to convert it in to F.D.R. or Bank Guarantee

Obtained in the name of Executive Engineer.

(2) Not Specified.

(3) Two percent of the amount eligible for payment bituminous items shall be withheld till the miscellaneous items

like earthwork in embankment/ cutting for side shoulders, side gutters, kilometre/ 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. (R&B Circular No.TNC-10-2013-3(Part-III)-C, dated 13-12-2013).

(1) For each work costing above Rs.1 crore the contractor shall have to engage minimum 1 graduate engineer. He will

be given identity card by the contractor. The copy of identity card shall be furnished for the office of Dy. Executive

Engineer, Executive Engineer and Superintending Engineer. The identified engineer should remain present on the

site of the work. The contractor will have to produce the notarized certificate periodically (at least in the beginning

and in the month of completion of the work to the effect that the said designated graduate engineer has not been

appointed on any other work. If not found on site, the engineer-in-charge will give notice of this default to the

M&R work of ML Gangotri at New Port, Bhavnagar

contractor. If in spite of this notice default continues, the action to hold the registration of defaulter contractor in

abeyance for three years will be initiated. (R&B D Circular No.SSR-10-2008-18-C dated.13-10-08 and

no.5ZRv!_Z_!5v55 ;Ldated 04-11-2015)

(2) Work to be open to inspections- Contractor or responsible agent to be present :-All works under or in course

of execution or executed in pursuance of the contract shall, at all times be open to the inspection and supervision

of the engineer in charge and his sub ordinates and the contractor shall, at all times during the usual working hours

and all other times for which reasonable notice of the intimation of the engineer-in-charge or his subordinates to

visit the works shall have been given to the contractor, either himself be present to receive the orders and

instructions or have a responsible agent duly accredited in writing present for that purpose. Orders given to the

contractor’s duly authorized agents shall be considered to have the same force in effect as if they had been given

to the contractor himself.

CLAUSE 18A - Employment of qualified site engineer by the Contractor:

For works estimated to cost above rs.100 lacs within 15 days of issue of work order the contractor will have to furnish

to the Dy. Executive Engineer in charge of the work the name, qualifications, copy of mark sheet, colour photograph and

the appointment order issued to 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 per month per engineer will be made from the bills/ deposit/ dues of the contractor. Such recovery shall be

non-refundable.

The engineer so employed for the government work must have sufficient experience to handle the work independently

such an engineer shall have to stay at the site of work and he shall not be entrusted with other duty except this work.

In case the contractor or partner of the contractor firm is a civil graduate engineer, employment of a separate engineer

will not be necessary provided that the engineer partner himself attends the execution of the work on the site. (G.R.B

and CD no. RGN-602006-(35)-C-dated.31/05/07).

CLAUSE 19 - Notice to be given before work is covered up : The contractor shall give not less than five days’ notice

in writing to the Engineer-in-charge or his subordinate in charge of the work before covering up or otherwise placing

beyond the reach of measurement any work in order that the same may be measured and correct dimensions there of

taken before the same is so covered up or placed beyond the reach of measurement and if any work shall be covered

up or placed beyond the reach of measurement without such notice having been given or consent obtained, the same

shall be uncovered at the contractor's expense and in default thereof, no payment or allowance shall be made for such

work or for the materials with which the same was executed.

CLAUSE 20: If the contractor or his workmen, or servants shall break, deface, injure or destroy any part of the building

or the work in question in/on which they may be working or any building, road, fence, enclosure or grass-land or

cultivated ground contiguous to the premises on which the works or any part thereof is being executed or if anydamage

shall be done to the work from any cause whatever before damage occurred/caused due to normal flood or rain or if

any imperfections become apparent in it within three months from the grant of a certificate of completion, final or

otherwise by the Engineer-in-charge, the contractor shall make good the same at own expenses or in default, the

Engineer-in-charge may cause the same to be made good by other contractor, and deduct the expenses (of which the

certificate of the Engineer-in-charge shall be final) from any sums that may thereafter become due to the contractor or

from his security deposit or the proceeds of sale thereof or a sufficient portion thereof.

CLAUSE 20A: Neither party shall be liable to the other for any loss or damage occasioned by or arising out of acts of

God, such as Unprecedented flood, Volcanic eruption, earthquake or other convulsion of nature and other acts such as

but not restricted to general strike, invasion, the acts of foreign countries, hostilities, or war like operations before or

after declaration of war, rebellion, military or Usurped power which prevent performance of the contract and which

could not have been foreseen or avoided by a prudent person.

Note:"Unprecedented flood" means the flood crossing the High Flood Level of the past _______ year(s) which is on the

available record.

(Modified Vide R & B D. G. R. No.TNC-1096-IB-143-(16)-C dated 11-1-99)

CLAUSE 21 - Contractor to supply plant, ladders, scaffolding etc. and is liable for damage arising from non-

provision of lights, fencing etc.: The contractor shall supply at his own cost all materials (except such special materials

if any, as may, in accordance with the contract to be supplied from the Public Works Department Stores), plant, tools,

appliances, implements, ladders, cordage, tackle, scaffolding, and any temporary works which may be required for the

proper execution of the work whether in the original, altered or substituted form and whether included in the

specifications, or other documents forming part of the contract or referred to in these conditions or not and which may

be necessary for the purpose of satisfying or complying with requirements of the Engineer- in-charge as to any matter

or to which under these conditions he is entitled to be satisfied or which he is entitled to require together with carriage

therefor to and from the work. The contractor shall also supply without charge the requisite number of persons with

the means and materials necessary for the purpose of settings out works and counting, weighing and assisting in the

measurement or examination at any time and from time to time, of the work or the materials, failing this, the same may

be provided by the Engineer -in-charge at the expense of the Contractor and the expenses may be deducted from any

money due to the Contractor under the contract or from his security deposit, or proceeds of sale thereof or of a sufficient

portion thereof. The contractor shall provide all necessary fencing and lights required to protect the public from

M&R work of ML Gangotri at New Port, Bhavnagar

accident and shall also be bound to bear expenses of defence of every suit, action or other legal proceeding at law that

may be brought by any person for injury sustained owing to neglect of the above precautions and to pay any damages

and costs which may be awarded in any such suit, action or proceedings to any such person, or which may, with the

consent of the Contractor, be paid in compromising any claim by any such person.

CLAUSE 21A: The Contractor shall provide suitable scaffolds and working platforms, gangways and stairways, and shall

comply with the following regulations in connection therewith.

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(b) A scaffold shall not be constructed, taken down or substantially altered except –

(i) Under the supervision of a competent and responsible person.

(ii) Appointed by contractor and by competent workers possessing adequate experience in this kind of work.

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(c) All scaffolds and appliances connected therewith and all ladders shall –

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(i) be of sound material

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(ii) be of adequate strength having regard to the loads and strains to which they will be subjected, and,

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(iii) Be maintained in proper condition.

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(d) Scaffolds shall be so constructed that no part thereof can be displaced in consequence of normal use.

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(e) Scaffolds shall not be overloaded and so far as practicable the load shall be evenly distributed.

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(f) Before installing the lifting gear on scaffolds, special precaution shall be taken to ensure the strength and stability

of the scaffolds.

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(g) Scaffolds shall be periodically inspected by a competent person.

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(h) Before allowing a scaffold to be used by his workmen, the Contractor shall, whether the scaffold has been erected

by his workmen or not, take steps to ensure that it complies fully with the regulation herein specified.

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(i) Working platforms, gangways shall

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(i) be so constructed that no part thereof can dag unduly or unequally,

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(ii) be so constructed and maintained having regard to the prevailing conditions as to reduce as far as practicable

risks of persons tripling or slipping and-be so constructed that no part thereof can dag unduly or unequally,

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(iii) Be kept free from any unnecessary obstruction.

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(j) In the case of working platforms, gangways working places and stairways at a height exceeding 2.00 metre (to be

specified)sH6FJJLf

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(i) Every working platform and every gangway shall be closely boarded unless other adequate measures are

taken to ensure safety.be so constructed that no part thereof can dag unduly or unequally,

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(ii) Every working platform and every gangway shall have adequate width, and

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(iii) Every working platform, gangway, working place and stairway shall be suitably fenced.

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M&R work of ML Gangotri at New Port, Bhavnagar

(k) Every opening in the floor of a building or in a working platform shall, except for the time and to the extent required

to allow the access of person or the transport or shifting of materials be provided with suitable means to prevent

the fall of persons or material.

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(l) When persons are employed on a roof where there is danger of falling from a height exceeding 3.00 (to be

specified) meters suitable precaution shall be taken to prevent the fall of persons or material.

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(m) Suitable precautions shall be taken to prevent persons being struck by articles which might fall from scaffold or

other working places.

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(n) Safe means of access shall be provided to all working platforms and other working places.

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CLAUSE 21B: The contractor shall comply with the following regulations as regards the hoisting appliances to be used

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(a) Hoisting machines and tackle including their attachments, anchorages and supports shall –

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(i) be of good mechanical construction, sound material and adequate strength and free from patent defect, and

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(ii) Be kept in good repair and in working order.

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(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of suitable quality and

adequate strength and free from patent defect.

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(c) Hoisting machines and tackles shall be examined and adequately tested after erection on the site and before use

and be re-examined in position at intervals to be prescribed by Engineer-in-charge.

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(d) Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering materials or as a means of

suspension shall be periodically examined.

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(e) Every crane driver or hoisting - appliance operator shall be properly qualified.

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(f) No person who is below age of 15 years shall be in control of any hoisting machine, including any scaffolds, nor

shall give signals to the operator.

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SFD[ ZFBL XSFX[ GCL\P

(g) In the case of every hoisting machine and of every chain ring hook shackle, swivel and pulley block used in hoisting

or lowering or as a means of suspension the safe working load shall be ascertained by adequate means.

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(h) Every hoisting machine and all gears referred to in preceding regulation shall be plainly marked with the safe

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(i) In the case of hosting machine having a variable safe working load, each safe working load and conditions under

which it is applicable shall be clearly indicated.

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:5Q8 NXF"JJFG]\ ZC[X[P

(j) No part of any hoisting machine or gear referred to in regulation 'g' above shall be loaded beyond the safe working

load except for the purpose of testing.

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SZTF\ JW] JHG ,FNJ]\ GlCP

(k) Motors, gears, transmissions, electric wiring and other dangerous parts of hoisting appliances shall be provided

with sufficient safeguards.

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M&R work of ML Gangotri at New Port, Bhavnagar

(l) Hoisting appliances shall be provided with such means as will reduce to a minimum the risk of the accidental

descent of the load.

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(m) Adequate precautions shall be taken to reduce to minimum the risk of any part of a suspended load becoming

accidentally displaced.

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CLAUSE 22: Measures for Prevention of Fire: The contractor shall not set fire to any standing jungle, trees, bush wood

or grass without a written permit from the Engineer- in-charge.

When such permit is given, and also in all cases when destroying cut or dug up tress, bush wood, grass etc. by fire, the

contractor shall take necessary measures to prevent such fire spreading to or other-wise damaging surrounding

property. When such permit is given, and also in all cases when destroying cut or dug up tress, bush wood, grass etc. by

fire, the contractor shall take necessary measures to prevent such fire spreading to or otherwise damaging surrounding

CLAUSE 23 - Liability of contractors for any damages done in or outside work area: Compensation for all damage

done intentionally or unintentionally by Contractor's labourers whether in or beyond limits of Government property

including any damage caused by the spreading of fire mentioned in the clause 22, shall be estimated by the Engineer-

in-charge., or such other Officer as he may appoint and the estimates of the Engineer- in-charge, subject to the decision

of the Superintending Engineer, on appeal, shall be final and the contractor shall be bound to pay the amount of the

assessed compensation on demand, failing which the same will be recovered from the Contractor as damages in the

manner prescribed in clause 1 or deducted by the Engineer-in-charge from any sums that may be due or become due

from Government to the contractor under this contract or otherwise.

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,[6L YFI T[JL ZSDDF\YL CJF,FGF .HG[Z SF5L ,[X[P

The Contractor shall bear the expenses of defending any action or other legal proceeding that may be brought by any

person for injury sustained by him owing to neglect of precautions to prevent the spread of the fire and he shall also

pay the damages and cost that may be awarded by the court in consequence.

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YFI T[ T[D6[ R}SJJFG]\ ZC[X[P

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VG];ZJFGL ZC[X[o

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TFPZ)q(qZ_!* TYF TFP!!q)qZ_!*fP

CLAUSE 25: Deleted.

CLAUSE 26 - Work not to be sublet. Contract may be rescinded and security deposit forfeited for subletting it

without approval or for bribing a public officer or if contractor becomes insolvent: The contract shall not be

assigned or sublet without the written approval of the Engineer-in-charge. And if the contractor shall assign or sublet

his contract or attempt to do so or become insolvent or commence any proceeding to get himself be adjudicated an

insolvent or make any compromisation with his creditors or attempt to do so, the Engineer-in -charge may, by notice in

writing rescind the contract, Also if any bribe, gratuity, gift, loan, perquisite, reward or advantage, pecuniary or

otherwise, shall either directly or indirectly be given, promised or offered by the contractor, or any of his servants or

agents to any public officer or person in the employ of Government in any way relating to his office or employment, or

if any such officer or person shall become in any way directly or indirectly interested in contract, the Engineer-in-charge

may thereupon by notice in writing rescind the contract. In the event of contract being rescinded, the security deposit

of the contractor shall thereupon stand forfeited and be absolutely at the disposal of Government and the same

consequence shall ensure as if the contract had been rescinded under clause 3 hereof and in addition the contractor

shall not be entitled to recover or be paid for any work there for actually performed under the contract.

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M&R work of ML Gangotri at New Port, Bhavnagar

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BZ[BZ SZ[,F SM. 56 SFD DF8[ SM. ZSD J;}, SZJFG[ S[ R}ST[ ,[JFGM S\8=FS8ZG[ CÞ ZC[X[ GlCP

CLAUSE 27 - Sums payable by way of compensation to be considered as reasonable compensation without

reference to actual loss: All sums payable by a contractor by way of compensation under any of these conditions shall

be considered as a reasonable compensation to be applied to the use of Government without reference to the actual

loss or damage sustained and whether any damage has or had not been sustained.

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JFHAL J/TZ U6JFDF\ VFJX[ VG[ T[G[ ;ZSFZ DF8[ p5IMUDF\ ,[JFX[P

CLAUSE 28 - Change in the constitution of firm to be notified: In the case of a tender by partners, any change in the

constitution of a firm shall be forthwith notified by the Contractor to Engineer-in-charge for his information.

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S\8=FS8Z[ CJF,FGF .HG[ZG[ T[DGL Ô6 VY[" T[JF O[ZOFZ V\U[ TZT DFlCTUFZ SZJFGF ZC[X[P

CLAUSE 29 - Works to be under directions of Superintending Engineer: All works to be executed under the contract

shall be executed under the direction and subject to the approval in all respects of Superintending Engineer of the Circle

for the time being, who shall be entitled to direct at what point or points and in what manner they are to be commenced

and from time to time carried on.

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C[9/ TDFD AFATM DF8[ T[DGL D\H}ZLG[ VFWLG ZCLG[ SZJFGF ZC[X[P VF SFD SIF :Y/[ S[ :Y/MV[ VG[ S[JL ZLT[ X~ SZJF JBTMJBT S[J L ZLT[

VFU/ W5FJJF T[ V\U[ ;}RGF VF5JF VlW1FS .HG[Z CÞNFZ ZC[X[P

(1) Disputes to be referred to Tribunal: The disputes relating to this contract, so far as they relate to any of the

following matters, whether such disputes arise during the progress of the work or after the completion or abandonment

thereof, shall be referred to the Arbitration Tribunal, Gujarat State.

(i) The rates of payment under clause 5 for any tools, materials and stores, in or upon the works of the site thereof

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

thereof possession of which may have been taken by the Engineer-in-charge under the said clause-5.

(ii) The reduction in rates made by the Engineer-in-charge under clause 9 from the items of works not accepted as

completed fully in accordance with the sanctioned specifications.

(iii) The rate of payment for any class of work which is included in the additional or altered work carried out by the

contractor in accordance with the instructions of the Engineer-in-charge under clause 14 and the rates for which

is to be determined under the said clause

(iv) The rates of payment for materials already purchased or agreed to be purchased by the contractor before receipt

of notice given by the Engineer-in-charge under clause 15, and/or the amount of compensation payable to the

contractor under the said clause for loss in respect of such materials.

(v) The amount of compensation which the contractor shall be liable to pay under clause 17 in the event of his failure

to rectify, remove or reconstruct the work within the period specified in the written intimation or the amount of

expenses incurred by the Engineer-in-charge under the said clause 17 in rectifying, removing or re-executing the

work or in removing and replacing the materials or articles complained of.

(vi) The reduction of rates as may be fixed by the Engineer-in-charge under clause 17 for the interior work or

materials as accepted or made use of.

(vii) The amount of compensation payable by the contractor for damages as estimated and assessed under clause

(viii) The amount payable to the contractor for the work carried out under clause 33 in accordance with the

instructions and the requirements of the Engineer-in-charge in a case where there are no specifications.

(2)The provision of Section-21 of the GPW dispute Arbitration Tribunal Act-92 & order issued by the Govt. in

connection with this Act will now apply for Arbitration (As per Government in N. & W.R.D. letter

(3) The provision of Arbitration Act., shall in so far as they are inconsistent with the provision of this act cease of to

apply to any dispute arising from a works contract and all arbitration proceedings in relation to such dispute before an

arbitrator, court of authority shall stand transferred to the Tribunal.

(4) The awards declared by the arbitrator should be speaking award, giving reasons and calculations for every item of

claims. The decision will have to be implemented by all the departments of the State Government and Public Sector

Enterprises of Gujarat. (Resolution F. D.No.PB/1088/735/KT/Sachivalaya/Gandhinagar 5th Octobers 1988.)

(5) Incase of dispute leading to the contractor or Government of Gujarat approaching to Court of Law, It shall be within

the jurisdiction where the site of work is situated.

(6) The reference to arbitration proceeding under this clause shall not:

M&R work of ML Gangotri at New Port, Bhavnagar

(i) Affect the right of the Engineer-in-charge under clause 5 to take possession of all or any tools plants, materials

and stores in or upon the works of site thereof belonging to the contractor or procured by him and intended

to be used for the execution of the work or any part thereof.

(ii) Preclude the Engineer-in-charge from utilising the materials purchased by the contractor in any work or from

removing such materials to other places, during the period the work is stopped or suspended in pursuance

of notice given to the contractor under clause

(iii) Entitle the contractor to stop the progress of the work or the carrying out the additional or altered work in

accordance with the provisions of clause 14 or as the case may be, of clause

CLAUSE 31 - Deleted.

CLAUSE 32 - Lump sum in estimates: When the estimate on which a tender is made includes lump sum in respect of

part of the work, the contractor shall be entitled to payment in respect of the items of work involved or the part of the

work in question at the same rates as are payable under this contract for such items, or if the part of the work in question

is not in the opinion of the Engineer-in-charge capable of measurement, the Engineer-in-charge may, as his discretion,

pay the lump sum amount entered in the estimate and the certificate in writing of the Engineer-in-charge shall be final

and conclusive against the contractor with regard to any sum or sums payable to him, under the provisions of this

B\0v#Zo V\NFHDF\GL prRS ZSDM o H[ V\NFHGF VFWFZ[ 8[g0Z T{IFZ SZJ]\ CMI T[DF\ Ô[ SFDGF VD]S EFUM V\U[ prRS ZSDGM ;DFJ[X YTM CMI TM

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T[GF DF8[ VFBZL VG[ lG6F"IS ,[BFX[P

CLAUSE 33 - Action where no specifications: In the case of work for which there is no such specification, such work

shall be carried out in accordance with the Divisional Specification and in the event of there being no Divisional

Specifications, then, in such case the work shall be carried out in all respects in accordance with the instructions and

requirements of the Engineer-in-charge.

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WZJFG]\ ZC[X[ VG[ l0lJhGGL lJUTM G CMI tIFZ[ T[J]\ SFD TDFD ZLT[ CJF,FGF .HG[ZGL ;}RGFVM VG[ H~lZIFT VG];FZ CFY WZJFG]\ ZC[X[P

CLAUSE 34 - Definition of work: The expression "work" or "works" where used in these conditions shall, unless, there

be something in the subject or context repugnant to such construction be construed to mean the work, or the works,

contracted to be executed under or in virtue of the contract. Whether temporary or permanent and whether original,

altered, substituted or additional.

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CLAUSE 35 - Contractor's percentage whether applied to net or gross amount of the bill: Percentage referred to

in the tender shall be deducted from/added to the gross amount of the bill before deducting the value of any stock

issued. (This clause shall be Applicable only for B-1 tender)

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CLAUSE 36 - Non refund of quarry fees & Royalties:

(I) On receipt of the work order, the contractor will identify the sources of procurement of quarried construction

materials like metal, kapchi, grit, sand etc. and seek the permission of the Engineer-in-charge about the sources.

The Engineer-in-charge will issue orders approving the sources of procurement of quarried construction

materials. The contractor will there after procure the materials from approved sources for use in the contract

work. The Dy. Executive Engineer will verify this with reference to the copies of gate passes before recording the

measurement of such materials.

(II) The contractor shall pay the royalty to the competent authority/local body as per rules. The contractor shall

furnish quarterly the statement showing quantity of quarried materials, from whom purchased (with full address

of the seller) and copies of bills for purchase to the District Officer of the Mining and Geology Department or

authority competent to levy royalty in the area of work. Contractor shall also furnish such additional information

as regards royalty payment to the Royalty authority. The royalty charges paid shall be borne by the Contractor

and shall not be reimbursed by the Executive Engineer (Authority:- R & BD Circular No.TNC-2286-UO-39 (19)-

pnMU4 BF6 VG[ pÔ" lJEFUGF p5ZMST lJQFI 5ZtJ[GF TFP!v!v(*GF 9ZFJ ÊDF\S V[D;LVFZvZ!&(v&&(5vK DF\ H6FjIF 5|DF6[ SFI"JFCL

(III) SFI"5F,S .HG[ZzL SFDGM JS"VM0"Z VF5[ S[ T]ZT H SFDGF XL0I],vAL GL GS, H[ T[ lJ:TFZGF DNNGLX lGIFDS VYJF HLVF[,MHL:8VYJF

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M&R work of ML Gangotri at New Port, Bhavnagar

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CLAUSE 37 - Compensation Under the workmen's compensation Act: The contractor shall be responsible for and

shall pay compensation to his workman payable under the Workmen's Compensation Act.1923 (VIII of 1923)

hereinafter called the said Act) for-injuries caused to the workmen, If such compensation is paid by Government as

principal under sub section 12(1) of the said Act on behalf of the Contractor it shall be recoverable by Government from

the contractor und sub-section 12 (2) of the said section. Such compensation shall be recovered in the manner laid

down in clause 1 above.

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CLAUSE 37A: The contractor shall be responsible for and shall pay the expenses of providing medical aid to any

workmen who may suffer a bodily injury as a result of an accident. It such expenses are incurred by Government, the

same shall be recoverable from the contractor for with and be deducted, without prejudice to any other remedy of

Government from amount due or that may become due to the Contractor.

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CLAUSE 37B: The contractor shall provide all necessary personal safety equipment and first aid apparatus available

for the use of the person employed on the site and shall maintain the same in suitable condition for immediate use at

any time and shall comply with the following regulations in connection therewith:

(a) The workers shall be required to use the equipment so provide by the Contractor and Contractor shall take

adequate steps to ensure proper use of the equipment by those concerned.

(b) When work is carried on in approximate to any place where there is a risk of drowning all necessary equipment

shall be provided and kept for use and all necessary steps shall be taken for the prompt rescue of any person, in

(c) Adequate provision shall be made for prompt first aid treatment of all injuries to be sustained during the course

CLAUSE 38: The quantities shown in the tender are approximate and no claim shall be entertained for quantities of

work executed being less than those entered in the tender. In the case of increase in the quantities by more than 10%

the new rate will be paid to the contractor for the quantities in excess of 10%. The rates for the increased quantities as

aforesaid will be fixed in the manner specified in Clause-14.2 (Corrected as per R&B G.R.No. TNC-10-2017-01-C,dt 11-

CLAUSE 39:Employment of famine or other labour: The contractor shall employ any famine, convict or other labour or

particular kind or class, if ordered in writing to do so by the Engineer-in-charge.

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CLAUSE 40: No compensation shall be allowed for any delay caused in the starting of the work on account of delay in

making available the full site of land at a time.

CLAUSE 41: No claim for compensation shall be allowed for any delay in execution of the work on account of water

standing in borrow pits or compartment. The rates are inclusive of hard or cracked soil, excavation in mud, sub soil

water or water standing in borrow-pits and no claim for an extra rate shall be entertained unless otherwise expressly

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M&R work of ML Gangotri at New Port, Bhavnagar

CLAUSE 42: Entering upon or commencing any portion or work: The Contractor shall not enter upon or commence any

portion or work except with the written authority and instruction of the Engineer- in-charge or of his subordinate in

charge of the work. Failing such authority, the Contractor shall have no claim to ask measurement of or payment for

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DF8[ S\8=FS8Z SXM CÞNFJM SZL XSX[ GlCP

CLAUSE 43: Minimum age of person employed: (I) No Contractor shall employ any person who is under the age of

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CLAUSE 43(I)(A) - The employment of donkeys and / or other animals and the payment of fair wages: For Asphalt

work(s) as far as possible, only the adult persons should be employed by the contractor. If the adult persons are not

available, then the children below the age of 15 (Fifteen years) should not be employed under any circumstance.

(ii) No contractor shall employ donkeys or other animals with breaching of string or thin rope. The breaching must

be at least three inches wide and should be of tape. (Nawar).

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(iii) No animal suffering from sores, lameness or emaciation or which is immature shall be employed on the work.

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(iv) The Engineer-in-charge or his agent is authorized to remove from the work any person or animal found working

which does not satisfy these conditions and no responsibility shall be accepted by Government for any delay

caused in the completion work by such removal.

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(v) The contractor shall pay fair and reasonable wages to the workman employed by him in the contract undertaken

by him. In the event of any dispute arising between the Contractor and his workmen on the grounds that the

wages paid are not fair and reasonable, the dispute shall be referred without delay to the Engineer-in-charge

who shall decide the same. The decision of the Engineer-in-charge shall be conclusive and binding on the

Contractor, but such decision shall not in any way affect the conditions in the contract regarding the payment to

be made by Government at the sanctioned tender rates.

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R}SJ6LG[ ,UTL S\8=FS8DF\GL XZTMG[ SXL V;Z YX[ GlCP

(vi) The contractor shall provide drinking water facilities to the workers / labourers employed on Government

works. Amenities relating to sanitation shall also be provided to the workers/labourers employed on works (in

urban areas). If the contractor fails to comply with these provisions, the Engineer-in-charge shall give notice in

writing and if the contractor does not provide this facility to the workers/labourers within a period of ten days

from the date of the notice in writing, the Engineer-in-charge shall thereupon make the arrangement for drinking

water at the cost of the contractor.

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S\8=FS8ZGF BR[" 5LJFGF 5F6LGL jIJ:YF SZX[P

(vii) The contractor shall provide the amenity of proper shade and shelter to the workers/labourers and their

children on Government works as soon as the work starts. If the contractor fails to provide shed and shelter, the

Engineer-in-charge shall provide the same at the cost of contractor.

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CLAUSE 44 - Method of payment: Payment to contractor shall be made by cheque drawn on any treasury within the

division convenient to them, provided the amount exceeds Rs. 10 Amount not exceeding Rs. 10 will be paid in cash.

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CLAUSE 44-A:Any sum of money due and payable to the Contractor (including the security deposit returnable to the

contractor) executing any Government work or work of any District Panchayat wholly financed as grant-in-aid under

this contract shall be appropriated by any District Panchayat / Government and shall be set off against any claim of the

Government/District Panchayat of Gujarat state by the District Panchayat of Gujarat State/Government for the payment

of a sum of money arising out or under any other contract made by the contractor with the Government/District

Panchayat of Gujarat State for the work wholly financed as grant-in-aid by Government of Gujarat State. When no such

amount for purpose of the recovery from the contractor against any claim of the Government/District Panchayat of

Gujarat state is available, such a recovery shall be made from the contractor as arrears of land revenue.

M&R work of ML Gangotri at New Port, Bhavnagar

CLAUSE 45: Deleted.

CLAUSE 46 - Employment of scarcity labour: If Government declares a state of scarcity or famine to exist in any

village situated within 16 kilometres of the work, the Contractor shall employ upon such parts of the work, as are

suitable for unskilled labour any person certified to him by the Engineer-in-charge or by any persons to whom, the

Engineer-in-charge may have delegated this duty in writing to be in need of relief and shall be bound to pay to such

persons, wages not below the minimum which Government may have fixed in this behalf. Any disputes which may arise

in connection with the implementation of this clause shall be decided by the Engineer-in-charge whose decision shall

be final and binding on the contractor.

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CLAUSE 47: Deleted.

CLAUSE 48: The rates to be quoted by the Contractor must be inclusive of all taxes prevailing on due date of bid

submission. 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 has to intimate Engineer in

charge regarding changes occurred in the tax structure after bid submission. If 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

The contractor shall apply fair means of stock maintenance and shall adopt accounting standards as may be prescribed

under GST. For arriving at the difference in procurement prices due to introduction of GST, it will be open for the

Government to ask for original invoices, LR weigh bridge slips, payment details and such other documents as may be

required for the purpose. If there is reduction in overall tax burden then proportional benefit of that shall be passed on

to the Government. (TNC-10-2017-01-C Dt.29-8-2017)

CLAUSE 49: The Contractor should, as far as possible, obtain his requirement of labourers skilled and unskilled, from

the nearest Employment Exchange so as to utilise the local employment potential. If there are no local Employment

Exchange or such Exchanges are not able to provide the required labour locally, suitable labourers should be utilised to

the maximum extent possible.

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AG[ T[8,F JW] 5|DF6DF\ p5IMU SZJMP

CLAUSE 50 - Fair Wages : If a Contractor fails to pay within '7' (Seven) days to the labourer(s)/worker(s) the minimum

wages prescribed by the Government under the Minimum Wages Act, 1948 as in force from time to time, the Engineer-

in-charge shall be at liberty to deduct the amount payable to the labourer/workers from his (Contractors') bills or

deposit(s) payable by the Contractor after making due inquiries and establishing the claim(s) of the

labourer(s)/worker(s).

The Contractor shall not be entitled to any payment of compensation on account of any loss that the Contractor may

have to incur on account of the action as aforesaid. Before the action as aforesaid, is enforced, a notice in writing to the

Contractor shall be issued by the Engineer-in-charge to pay the wages as per Minimum Wages Act in force at the

relevant time. If Contractor does not act as afore said within seven days, then the action contemplated as above shall be

taken against him.

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D]HAGF\ 5U,F\ EZJFDF\ VFJX[P

CLAUSE 51: Deleted.

CLAUSE 52 - List of Machinery:The contractors shall also give a list of machineries in his possession and which they

propose to use on the work.

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(i) In case, the roller deployed by Department for the use on contract work is kept idle by the contractor for want of

adequate labour and materials, the contractor will have to pay rental charges as per prevailing rules even though

the items of rolling and watering areThis to be Clause hasbybeen

carried out Deleted

the department.

(ii) If the contractor does not plan his programme so as to suit the requirement of the Department, the proportionate

rental charges on roller shall be recovered from the contractor.

CLAUSE 54 - Local labour on normal rates: The contractor shall have to engage local labour and person seeking

employment where available on normal rate.

M&R work of ML Gangotri at New Port, Bhavnagar

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CLAUSE 55: Rent will be recovered from the contractor for the land given to them for stacking materials as well as for

construction of temporary hutments etc.

Land measuring Charges

1. One hectare or less Rs. 5 per Month

2. More than 1 hectare & up to 2 hectares Rs. 10 per Month

3. More than 2 hectare & up to 3 hectares Rs. 15 per Month

4. More than 3 hectare & up to 4 hectares Rs. 20 per Month

CLAUSE 56: The contractor shall employ only such labour who shall produce a valid certificate of having been

vaccinated against small -pox within a period of last three years.

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1. Huts: The contractor shall build sufficient number of huts on a suitable plot of land for the use of the labourers

according to the following specifications:

(1) Huts of bamboos and grass may be constructed.

(2) A good site shall be selected. High ground removed from jungle but well provided with trees shall be chosen

wherever it is available. The neighbourhood of rank jungle, grass or weeds should particularly be avoided. Camps

should not be established close to large cuttings of earth-work.

(3) The lines of huts shall have open spaces of at least 10 m. between rows. When a good natural site cannot be

procured, particular attention should be given to the drainage.

(4) There should be no over-crowding. Floor spaces at the rate of 2.8 Sq.m. per head shall be provided. Care should

be taken to see that the huts are kept clean and in good order.

(5) The contractor must find out his own land. If he wants Government land, he should apply for it and pay

assessment for it.

2. Drinking Water: The contractor shall as far as possible. Provide an adequate supply of chlorinated pure potable

drinking water for the use of labourers. This provision shall be at the rate of not less than 4.5 litres per head. No

provision need-be made where there is a suitable nalla, river or well within 0.4 kern of the camp. However arrangement

should as far as possible, be made to chlorinate- water by chlorinated tablets before it is allowed for drinking purpose.

3.The contractor shall construct semi-permanent latrines for the use of Labourers on the following scale, namely;

(a) Where females are employed, there shall be at least one latrine for every 25 females

(b)Where males are employed, there shall be at least one latrine for every 25 males

Provided that where the number of males or female exceed 100, it shall be sufficient if there is one latrine for every

males or females, as the case may be up to the first 100 and one for every 50 thereafter.

4. Privacy in latrines: Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a

proper door and fastenings.

5. Notice to be displayed outside latrines and urinals:

(1) Where workers of both sexes are employed there shall be displayed outside each block of latrine and urinal a notice

in the language understood by the majority of the workers For Men Only or For Women Only: as the case may be.

(2) The notice shall also bear the figures of a man or of a women, as the case may be.

6. Urinals: There shall be at least one urinal for male/female workers up to 50 employed at a time. Provided that where

the number of male or female workmen, as the case may be, exceeds 500. It shall be sufficient if there is one urinal for

every 50 males or females up to the first 500 and one for every 100 males or females or part thereof.

7. Latrines and Urinals to be accessible:

(1) The latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishment.

(2) (i) The latrines and urinals shall be adequately lighted and shall be maintained in a clean and sanitary condition at

(2) (ii) Latrines and urinals other than those connected with a flush sewage system shall comply with the requirements

of the Public Health Authorities.

8. Water for latrines and urinals: Water shall be provided by means of pipes or tanks or the risen, so also be

conveniently accessible in or near the latrines and urinals.

9. Bathing and washing places:

(1) The contractor shall construct sufficient number of bathing places; every unit of 20persons being provided with a

separate bathing place.

(2) Washing places should also be provided for the purposes of washing clothes. Every unit of 30 persons shall have at

least one washing place.

(3) Such bathing and washing places should be suitably screened and separate places provided for male and female

M&R work of ML Gangotri at New Port, Bhavnagar

(4) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.

10. Drainage: The contractor shall make sufficient arrangement for draining away the sewerage water as well as water

from the bathing and washing places and shall dispose of this waste water in such a way as not to cause nuisance. The

contractor should obtain a permission from the Gujarat Water Pollution Control Board, Gandhinagar, if Water is so be

drained in river or near the well. The contractor would put malarial oil once in a week in stagnant water round about

11. Medical facilities: The contractor shall engage a medical officer with a traveling dispensary for a camp having

or more persons if there is no Government or other private dispensary situated within 6 k.m. from the camp.

12. Conservancy and cleanliness: The contractor shall provide the necessary staff for effecting the satisfactory

conservancy and cleanliness of the camp to the satisfaction of the Engineer-in-charge. At least one sweeper per

persons should be engaged. Conservancy staff should dump refuge in compost pit, away from the labour camp.

13. Health Provisions: The District Health Officer of the District or the Deputy Director of Health Services shall be

consulted before opening a labour camp and his instructions on matters, such as the water supply, sanitary convenience,

the camp-site, accommodation and food supply shall be followed by the contractor.

14. Precautions against epidemic:

(a) The authorities in charge of the colonies should get the labourers; inoculated against cholera and plague and

Vaccinated against smallpox at the time or recruitment, if they are not inoculated or vaccinated within 6 months

or 3 years respectively prior to the date of recruitment.

(b) When, in any labour camp there is an epidemic disease or is threatened with such an outbreak, the authorities in

charge of the labour camps should ensure that all the inmates of the labour colonies are inoculated or vaccinated

as the case may be, depending on the diseases, within 72 hours after the outbreak.

(c) The authorities in charge of the labour colony should arrange to communicate by wire regarding the outbreak of

the epidemic diseases on the very day of the outbreak, to the Mamlatdar of the Taluka, the District Health officer

or to the Deputy Director of Public Health in charge of that area and the Director of Public Health. Thereafter they

should continue to send daily reports to the above officers in the prescribed form regarding the progress of the

epidemic disease.

(d) When the authorities in charge of the labour colony suspect or have reason to believe that any inmate of the labour

colony is suffering from the infectious or contagious disease, they shall forthwith arrange for the segregation of

such persons to isolated huts to be specifically provided for the purpose and also for their treatment.

(e) As regional malaria epidemic outbreaks are likely to occur in such project areas, the authorities in charge of the

labour colonies should report promptly the occurrence of unusual incidence of cases of malaria and also inform

the District Health Officers of the District, Deputy Director of Public Healthy (Malaria) and the Director of Public

Health and also arrange to institute all necessary antimalarial measures as may be advised by the officials of the

Public Health Department.

(f) The authorities in charge of the colonies should also arrange to carry out any other measures that may be

recommended by the officials of the Public Health Department necessary to prevent or control the spread of

15. Rest rooms:

(1) In every place where in contract labour is required to halt at night in connection with the contract works and in

which employment of contract labour is likely to continue for three months or more, the contractor shall provide

and maintain rest rooms or other suitable alternative accommodation within fifteen days of the employment of

contract labour.

(2) If the amenity referred to in sub rule is not provided by the contractor within the period prescribed, the employer

shall provide the same within a period of fifteen days of the expiry of the period laid down in the sub-rule(1).

(3) Separate rooms shall be provided for women employees.

(4) Effective and suitable provision shall be made in every room for securing and maintaining adequate ventilation

for the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or

artificial lighting.

(5) The rest room or other suitable alternative accommodation shall be of such dimensions as to provide at least a

floor area or 1. sq.mt. for each person making use of rest rooms.

(6) The rest room or other suitable alternative accommodation shall be so constructed as to afford adequate

protection against heat, wind, rain and shall have smooth, hard and impervious surface.

(7) The rest rooms or other suitable alternative accommodation shall be at a convenient distance from the

establishment and shall have adequate supply of whole some drinking water.

16. Canteen Facilities:

(1) In every establishment of contract work and wherein work regarding the employment of contract labour is likely

to continue for six months and wherein contact labour numbering one hundred or more are ordinarily employed,

the adequate canteen facilities shall be provided by the contractor for the use of such contract labour within sixty

days of the commencement of the employment of contract labour.

(2) If the contractor fails to provide the canteen facilities within the time laid down the same shall be provided by the

principal employer within sixty days of the time allowed to the contractor.

M&R work of ML Gangotri at New Port, Bhavnagar

(3) The Canteen shall be maintained by the contractor or principal employees as the case may be in an efficient

17. Accommodation in canteen:

(1) The canteen shall consist of at least dining hall, kitchen, storeroom, pantry and washing places separately for

workers and for utensils.

(2) (i) The canteen shall be sufficiently lighted at all times where any person has access to it.

(ii) The floor shall be made of smooth and impervious materials and inside walls shall be lime-washed or colour-

washed at least once in each year, provided that the inside walls of the kitchen shall be lime-washed every four

(3) (i) The premises of the canteen shall be maintained in clean and sanitary condition.

(ii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as

cause nuisance.

(iii) Suitable arrangements shall be made for the collection and disposal of garbage.

18. Accommodation in dining hall:

(1) The dining hall shall accommodate at a time, at least 30% of the contract labour working at a time.

(2) The floor area of the dining hall excluding the area occupied per dinner to be accommodated shall as prescribed

in sub rule (1).

(3) (i) A portion of the dining hall and service counter shall be partitioned and reserved for women workers, in

proportion to their numbers.

(ii) Washing places for women shall be separate and screened to secure privacy.

(4) Sufficient table, stools, chairs or benches shall be available for the number of diners to be accommodated as

prescribed in sub rule

19. Equipment in canteen:

(1) (i) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment

necessary for the efficient running of the canteen.

(ii) The furniture utensils and other equipment shall be maintained in a clean and hygienic condition.

(2) (i) Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained.

(ii) A service counter, if provided, shall have a top of smooth and impervious materials.

(iii) Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and

20. Food stuff to be served: The food stuff and other items to be served in the canteen shall be in conformity with the

normal food habits of the contract labour.

21. Prices to be displayed: The charges for food stuffs, beverages and any other item served in the canteen shall be

based on "no profit, no loss" and shall be conspicuously displayed in the canteen.

22. Canteen to be run on "No profit no loss" basis: In deriving the prices of food stuffs and other articles served in

the canteen, the following items shall not be taken into consideration as expenditure, namely.

(g) The rent for the land and building.

(h) The depreciation and maintenance charges for the building and equipment provided for in the canteen.

(i) The cost of purchase, repairs and replacement of equipment including furniture, crockery, cutlery and utensils.

(j) The water charges and other charges incurred for lighting and ventilation.

(k) The interest on the amount spent on the provisions and maintenance of furniture and equipment provided for in

The local officers should check-up whether facilities as offered and which are admissible under the existing rules and

orders are made available to the workers and enforce upon the contractors the necessity of adhering to the instructions

for promotion of welfare of the workers according to the terms of the contract.

23. BOOKS OF ACCOUNTS AND REGISTERS OF THE CANTEEN: The books of accounts and registers and other

document used in connection with the running of the canteen shall be produced on demand to an inspector.

24. AUDIT OF THE ACCOUNTS OF THE CANTEEN: The accounts pertaining to the canteen shall be audited once every

12 months by registered accountants and auditors, provided that the Labour Commissioner may approve of any other

person to audit the accounts; if he is satisfied that it is not feasible to appoint a registered accountant and auditor in

view of the site or the location of the canteen.

CLAUSE 58:Contractor shall have to arrange for the supply of gumboots. Hand gloves, mask etc. invariably to the

labourers workers engaged by the contractor on asphalt work.

CLAUSE 59: The Contractor shall not show any distinction between Harijan and other class of labourers/workers

employed to carry out the Government work.

CLAUSE 60 - Price variation clause: Price variation: For (A) Labour (B) Materials and (C) P.O.L The amounts payable

to the contractor for the work done shall be adjusted for increase or decrease in the rates of labour/ materials excepting

those materials supplied by Government as per Schedule-A and P.O.L. as under:

(A) Labour: Increase or decrease in the cost due to labour shall be calculated quarterly in accordance with the

following formula.

M&R work of ML Gangotri at New Port, Bhavnagar

VI =increase or decrease in the cost of work during the quarter under consideration due to change in rates for

R =The value of work done in rupees during the quarter under consideration, after excluding the value of extra

items and after deducting the cost of.

(i) Materials supplied from the Departmental store to the Contractor at fixed rate as specified in schedule-A and.

(ii) Value of cement, steel and asphalt brought by the contractor valued at star rate plus the increase/decrease for

which price adjustment is done under clause 60/A below:-

io = The average consumer price index for industrial workers for the quarter in which tenders were opened (as

published in *__________________)

i = The average consumer price index for industrial workers for the quarter under consideration.

pl = Percentage of labour components (specified in Schedule ______________ %) of the item.

* This refers to average consumer's price-index (wholesale) for industrial workers as applicable to Ahmedabad/

Bhavnagar as published by Government of India, Ministry of Labour Bureau.

(B) Materials other than Cement, Steel and Asphalt : The increase or decrease in cost of materials other than

cement and steel shall be calculated quarterly in accordance with the following formula:

Vm = Increase or decrease in the cost of work during the quarter under consideration due to change in the rates

R =The value of work done in rupees during the quarter under consideration, after excluding the value of extra

items and after deducting the cost of.

(i) Materials supplied from the Departmental store to the Contractor at fixed rate as specified in schedule-A and.

(ii) Value of cement, asphalt and steel brought by the contractor valued at star rate plus the increase/decrease for

which price adjustment is done under clause 60/A below:-

io = The average wholesale price index *(all commodities) for the quarter in which tenders were opened. (As

published in @ __________________)

i = The average wholesale price index*(all commodities) for the quarter under consideration.

Pm = Percentage of material components (specified in Schedule ______________ %) of the item.

@ = For materials

Wholesale price index as published by Reserve Bank of India should be referred to.

(C) P.O.L. : The increase or decrease in the cost of petrol, diesel, oil and lubricants shall be calculated quarterly in

accordance with the following formula:

Vd =Increase or decrease in the cost of work during quarter of consideration due to change in the rates of petrol,

oil and lubricants (P.O.L.).

R = The value of work done in rupees during the quarter under consideration, after excluding the value of extra

items and after deducting the cost of.

(i) Materials supplied from the Departmental store to the Contractor at fixed rate as specified in schedule-A and.

(ii) Value of cement, steel and asphalt brought by the contractor valued at star rate plus the increase/decrease for

which price adjustment is done under clause 60/A below:-

Do = The average price of high speed diesel (HSD) fixed by I.O.C. for the district in which the work is to be carried

out for the quarter in which the tenders were opened.

D = The average price of HSD fixed by the I.O.C. for the district in which the work is to be carried out for the quarter

under consideration.

Pd = Percentage of P.O.L component (specified in schedule) ________ % of the item.

Conditions for variation except for Cement, Steel and Asphalt:

(1) No adjustment shall be done for This Clause

the work donehas been

in the firstDeleted

twelve months of the time limit. Adjustment payable/

recoverable will be calculated for the remaining work done during the subsequent period.

(2) The sum total price adjustment for A, B and C will be limited (5/6/7)* % of the estimated cost of work put to

tender less the cost of Materials supplied from the Departmental store to the Contractor at fixed rate as specified

in schedule-A and cement, steel and asphalt valued at input rates mentioned as under on which the sanctioned

estimate is based. When clause 60A (B-1) is not deleted.

Quantity Input Rate per Ton

Mild Steel : ______________ M.T. Rs. ______________ per M.T.

TMT/HYSD Bars : ______________ M.T. Rs. ______________ per M.T.

M&R work of ML Gangotri at New Port, Bhavnagar

(3) The quarter referred to in the above formula shall mean the quarter of the calendar year January to March, April

to June, July to September and October to December. Even if the tenders are opened in the middle of a quarter,

the average index for the calendar quarter will be considered. The same principle would apply for identifying the

quarter when the work is completed in the middle of calendar quarter.

(4) The value of extra items will be excluded for working out the value of 'R' in the above formula in all these cases.

(5) Intermediate payment of escalation to be made under this clause on each occasion shall be limited in such a

manner that the total up-to-date payment of escalation will not exceed the proportionate percentage of the

ceiling of escalation as related to the proportionate value of the contract cost.

(6) Price adjustment shall be applicable only for the work that is carried out within the stipulated time or extensions

thereof as are not attributable to the contractor. No claims for price adjustment other than those provided herein

shall be entertained.

(7) This clause will be applicable in respect of works which of the estimated cost put to tender is above Rs.25.00lacs

and the time limit involved is more than 12months.

* Guideline for ceiling: 5% in case where time limit of contract is 3 years, 6% in case where time limit of contract exceeds

3 years but is up to 4 years & 7% where time limit is more than 4 years.

CLAUSE 60A - Price Variation for Cement, Steel and Asphalt brought by Contractor : The amounts payable to the

contractors for the work done involving use of cement, steel and asphalt when these materials are not supplied by the

Government as for scheduled A shall be adjusted for increase or decrease in the rates of these materials as under:-

(4) Price variation for cement, steel and asphalt brought by the contractor.

The star rates for cement, mild steel and for steel & asphalt to be brought by the Contractor shall be considered

Ex-supply Depot/Godown as under:-

Quantity STAR RATE

Cement : ______________ M.T. Rs. ______________ per M.T. Month in which

Mild Steel : ______________ M.T. Rs. ______________ per M.T. DTP is Approved

TMT/HYSD Bars : ______________ M.T. Rs. ______________ per M.T.

[The above star rates are linked with Reserve Bank of India price index for steel and cement & asphalt for the month in

which the DTPs are approved.

The month in which DTPs are approved will be specified in the tender document.

Star rates should be mentioned in the tender copy as under:

I. For cement, Price of cement from authorized dealer should be obtained for the month in which the D.T.P.s are

approved & mentioned as star rate before issue of tender copy.

II(a). For steel & H.Y.S.D. bars, rate of SAIL should be obtained for the month in which the DTPs. Are approved and

mentioned as star rate before issue This Clause

of tender has been Deleted

II(b). For asphalt the Star Rate is based on the Koyali Refinery prevailing in the month in which D.T.P. is approved

and should be mentioned before issue of tender copy.

III. For basic index specific month in which the DTPs are approved should be mentioned before issue of tender

copy.] The fluctuations in rates of cement and steel shall be adjusted in the bills payable to the contractors as

A = Difference of Amount payable or recoverable B = Star rate of steel/cement/asphalt.

C1 - The (quarterly) average corresponding index for steel, cement, asphalt for the quarter under consideration

(as published in monthly bulletin or Reserve Bank of India)

Co. – Price index of cement/steel asphalt for the month in which the DTPs are approved published in monthly

bulletin of Reserve Bank of India.)

D- - Qty. of cement/steel/asphalt actually brought by the contractor on site of work and consumed in the work

during the quarter duly supported with bill as recorded in cement consumption register or MB (for steel).

Conditions for variation prices of cement and steel only:-

1. No ceiling escalation for difference in the cost of steel and cement will be applicable.

2. This clause shall be operative from the date of issue of work order and up to the expiry of original and extended

time limit, if the delay for the reasons attributable to the contractor, Star rate is not payable, however recovery

will be effected.

3. This formula shall be used individually for cement/mild steel and Tor steel for calculation adjustment.

4. The cement and steel brought by the contractor on site of work shall be used only after the same in tested by the

M&R work of ML Gangotri at New Port, Bhavnagar

5. If such materials are not found as per the requirement of I.S. specification, the same shall be removed by the

contractor for which no claim shall be entertained.

6. This Cause will be applied to the work inspective of the cost of the work.

Conditions for variation prices of Asphalt only:-

1. The Contractor shall procure asphalt directly from refinery only.

2. The Contractor will not be furnished "P" form for purchase of quantity of asphalt required for this work.

3. The Contractor will have to produce in original all the gate passes issued by the refinery and also the bill in

original to the Engineer-in-charge.

4. The number of transport tanker carrying the asphalt shall be furnished by the contractor.

5. The test certificate regarding the grade of asphalt as well as test result of asphalt from GERI Laboratory or other

Laboratory approved by R & B Department shall have to be produced.

6. The difference between the actual rate of purchase as per original bill of the refinery produced and the star rate

shown above in this clause shall be payable/recoverable for the quantity of asphalt actually used in this work.

This difference shall be payable/recoverable for the asphalt consumed in the work executed during original &

extended time limit, if time limit is extended for reasons of delay attributable to the department. This difference

shall not be payable for the work executed in extended time limit, when extension Is given for the reasons of

delay attributable to the contractor, however in case if price of asphalt is decreased during the extended time

limit then difference between the actual rate of purchase and the quoted star rate shall be recovered from the

7. (A) The difference will be payable/ recoverable for the asphalt procure on and after the date of issue of work

order and this price variation will not be subjected to any celling. In case the contractor has procured the asphalt,

before issue of work order either of original purchase rate or the prevailing rate of asphalt at the time of actual

consumption in the work, whichever is less, will be considered for calculating the difference

payable/recoverable.

(B) Variation in rates of asphalt shall be payable only after cross verification of refinery gate passes of asphalt

with the issuing refinery or in case of imported asphalt invoices shall be cross verified with the statutory

documents of the authorized dealer and authorized importer.

8. No advance payment or secured Advance will be payable against asphalt.

9. This part of clause for price variationThis

of Clause hasbe

asphalt will been Deleted

applicable for works estimated to cost above Rs. 5 Lacs

and involving use of asphalt.

10. It is permissible to use asphalt product by Private Companies like ESSAR and imported asphalt also. If the

contractor opt to use asphalt produced by Private Companies or imported asphalt.

a. The Contractor can procure asphalt produced by Private Company of India or imported asphalt and use in the

b. The Contractor will have to produce in original, the purchase invoice of asphalt.

c. All the conditions for variation in rates of asphalt shall be applicable for the imported asphalt (GR no.

d. For calculation of variation in the rates of asphalt, the rate prevalent at Indian port at the time of purchase in

case of imported asphalt or the rate as per purchase invoice in case of asphalt purchased from private Indian

company or EX. Refinery rate of Indian public sector undertaking refinery (I.O.C, HPCL, BPCL) on the date of

purchase, whichever is less, shall be considered for working out the difference and for comparison of the star

rate shown above in this clause. This difference shall be payable/recoverable for the asphalt consumed in the

work executed during original and extended time limit if time limit is extended for reasons of delay

attributable to the department. This difference shall not be payable for the work executed in extended time

limit, when extension is given for the reason of delay attributable to the contractor, however in case if price

of asphalt is decreased than difference between the actual rate of purchase and the quoted star rate shall be

recovered from the contractor.

11. If the contractor use imported Asphalt, it will be verified that the imported Asphalt to be used is of specified

viscosity Grade before permitting to use imported Asphalt. Grade Certificate of Refinery from which Asphalt is

imported only must be obtained Grade Certificate of any other Laboratory/institution should not be accepted.

For testing of imported asphalt, six conditions stipulated in R&B circular No.STR/ 102006/1577/8/H Dated 22-

11-2017 should also be compiled with.

(Authority R & B D GR No.TNC-1089(4)-C, dated 31-08-1991 modified Vide G.R.s of even numbers, dated 5-10-

dated 2-9-08 and dated 8-12-08 of R&B D.No. 5ZRv!_Z_!5v55v;L TFP$q!!qZ_!5 STR/10-2016/1/H/ dt.3-10-16

and R & B circular No.PRC-10-2015-55 (PT-1)C Dated 8-2-2016, R & B circular No. STR / 102006 / 1577 / 8 / H

M&R work of ML Gangotri at New Port, Bhavnagar

CLAUSE 61 - FENCING AND LIGHTING:

(a) The contractor shall, unless otherwise specified, be responsible for the proper fencing, lighting grading and taking

of the necessary safety measures for all works comprised in the contract and for the proper provision of temporary

road, way, foot-way, guards, fences, caution notices etc. as far as the same may be rendered necessary by reasons of

the work for the accommodation of workmen, foot passengers or other traffic and of owners and occupiers of

adjacent property and the public and shall remain responsible for any accidents that may occur on account of his

failure to take proper & timely precautions.

(b) All the arrangements made for fencing and lighting shall be maintained by the contractor through the currency of

the contract till the physical taking over of the work by department.

CLAUSE 62 - LIABILITY OF ACCIDENTS TO PERSONS: Responsibilities and liabilities of the contractor under

Workmen'sCompensation Act are given in clause No. 37 In addition following shall also apply:

(a) On the occurrence of an accident, which result in death of workmen employed by the contractor or which is as

serious as is likely to result in death of any such workmen, the contractor, shall within 24 hours of happening of such

accident(s) intimate, in writing to the Engineer-in-charge the fact of such accident(s). The contractor shall indemnify

Government against all loss or damage sustained by the Government resulting directly or indirectly from his failure

to give intimation in the manner aforesaid including the penalties or fines, if any, payable by the Government as a

consequence of Government's failure to give notice under the Workmen's Compensation Act or otherwise to

conform to the provisions of the said act in regard to such accident(s).

(b) In the case of an accident, in respect of which compensation may become payable under Workmen's Compensation

Act, whether by the contractor or by the Government as principal Employer, it shall be lawful for the Engineer-in-

charge to retain out of money due and payable to the Contractor, such sum or sum of money as may, in the opinion

of the Engineer-in-charge, be sufficient to meet such a liability. The opinion of the Engineer-in-charge shall be final

in regard to all matters arising under this clause.

CLAUSE 63 - ACCESS TO SITE AND WORK ON SITE: The Engineer may, if he considers fit from to time, enter upon any

land(s) which may be in possession of the contractor this contract for the purpose of executing any work not included

in this contract and may execute such works not included in this contract by agents or by other contractors, at his

opinion and the contractor shall, in accordance with the requirements of the Engineer-in- charge, afford all reasonable

facilities for execution of the work including occupation of lands by structure or otherwise for any other contractor

employed by the Government and his workmen or for the workmen of the Government who may be employed in the

execution on or near the site of the work not included in the contract or of any contract in connection with or ancillary

to the work and in default, the contractor shall be liable to the Government for any delay or expense incurred by reason

of such default. Provided always that if damage arising, make a statement of the same to the Engineer-in-charge who

shall from time to time, assess the value in his judgment of such damage and the Government shall from time to time

pay to the contractor the amounts (if any) accepted as justified by the Engineer-in-charge:

CLAUSE 64 - REPORTS REGARDING LABOUR: The Contractor shall submit the following reports to the Engineer-in-

(i) A daily report in the suitable form of the strength of labour both skilled and unskilled employed by him on the

work(s). The contractor shall increase or decrease the strength either skilled or unskilled. If directed by the

Engineer-in-charge. The submission of such reports shall not. However, relieve the contractor of his

responsibilities and duties regarding progress or any other obligations under the contract.

(ii) A classified weekly return in the suitable form of the number of person employed on the works during the

preceding week.

(iii) A weekly medical report in the suitable form showing the health of the contractor's camp, the number of persons

ill or incapacitate and the nature of their illness.

(iv) A report of any accident, which may have occurred, to be sent within 24 hours of the occurrence.

(v) Such other report as may be prescribed.

CLAUSE 65 - Treasure Trove: In the event of discovery by the contractor or his employees, during the progress of

work of any gold, silver, oil or other minerals of any description and precious stones, treasures, coils, antiquities, relic,

fossils or other articles or value of interest whether geological, archaeological or any other such treasure & other things

shall be deemed to be the absolute property of, the Government and the contractor shall duly preserve the same to the

satisfaction of the Engineer-in-charge, from time to time, and relieve the same to such persons as the Engineer-in-charge

may appoint. The contract shall take all reasonable precautions to prevent his workmen or any other person from

removing or damaging, any such articles or things, immediately after the discovery thereof and before removal acquaint

the Engineer- in-charge with such discovery and carry out his orders for the disposal of the same.