Bid Documents of Electrification work for Windrow at SWM Site under SBM:01 Grant for Botad Nagarpalika (2nd Attempt)

Bid Documents of Electrification work for Windrow at SWM Site

under SBM:01 Grant for Botad Nagarpalika (2nd Attempt)

NOTICE INVITING ON - LINE TENDER

Details of Tender :

Estimated Tender Value Rs.

EMD (1% of Tender Rs. 14,400=00

Amount In Rs. )

Tender fee In Rs. Rs. 900=00 (Non-refundable)

Class of Agency “E2” & Above Class Electrical Contractor

Time Limit of Work 4 (Four) Months

Validity of tender 120 Days from Date of opening of the price bid.

Schedule for - tendering is fixed as under :

Last Date & Time of Online Dt.31/01/2026 up to 18.00 hrs.

bid submission and

Downloading of tender

submission of Security Submission of pre-qualification documents in

Deposit, Tender Fee with electronic format only through online by scanning &

supportingdocuments contractor should have been submitted tender fee

and E.M.D and relevant documents Through by speed

post / R.P.A.D only in sealed cover with Tender ID &

Name of work mention & document reach Botad

Nagarpalika on or before Dt.06/02/2026 up to

Date of opening of On Date :07/02/2026 At 12:00 Hrs. ( if possible )

BOTAD NAGARPALIKA

Sr No Section Description Page No

1 Invitation for Bid (IFB)

2 Section -1 Instructions to Bidders

3 Section -2 Qualification Information

4 Section -3 Conditions of Contract

5 Section -4 Contract Data

6 Section -5 Technical Specification

7 Section -6 Form of Bid

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

10 Section -9 Drawings

11 Section -10 Documents to be furnished by Bidder

/ Qualification criteria

12 Section -11 Special Condition

13 Site Visit certificate

INVITATION FOR BID

NATIONAL COMPETITIVE BIDDING

1. The BOTAD NAGARPALIKA. invites bids for the construction of works detailed in

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

Package Name of work Approximate Bid Cost of Period of #Class of

No. value of security document completion Registration /

works (Rs.) (Rs.) Category of

Bid Documents of 14,39,735 14400 900 4 Month “E2” & Above

1 of Electrification work Class Electrical

2025-26 for Windrow at Contractor

SBM:01 Grant for

Botad Nagarpalika

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

websitehttps:// www.tender.nprocure.com free of cost till the Time and Date as

mentioned on online NIT at website https://www.tender.nprocure.com.

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

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

and in favour of ‘Chief Officer, Botad Nagarpalika, Botad’. Once the Bid is received

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

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

Bid Security / EMD shall be submitted in electronic format through online (by

scanning) while uploading the bid, this submission shall mean that bid document /

tender fee and Bid Security / EMD has been received. Accordingly, the offer of only

those shall be opened whose Bid Document / Tender Fee and Bid Security / EMD

have been received electronically. However, for the purpose of realization of

Demand Draft, and FDR / Bank Guarantee bidder shall send the same in original

through R.P.A.D. so as to reach to # ‘Chief Officer, Botad Nagarpalika, Botad’

within 7 Days from the last day of bid submission.

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

original to Chief Officer / Tender Inviting Authority by bidder shall be initiated.

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

online NIT at website https://www.nprocure.com in the presence of the bidders or

their authorized representatives, who wish to remain present.

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

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

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

Nagarpalika, Botad’ to clarify the issues and to answer questions on any matter

that may be raised at that stage as stated in clause 9.2 of ‘instructions to

Bidders’ of the bidding documents.

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

should be rounded off to the next thousand rupees.

7. Other Information is as under:

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

the tender submission date and time. After the tender submission date and

bidder cannot modify / edit / withdraw their submitted offer in any case. No

written or online request in this regard shall be granted.

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

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

of submission of Bids, will not be considered or accepted.

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

discussion, conferences or site visits will not be reimbursed by the Employer or

Engineer-in-Charge.

E. Conditional tender shall not be accepted.

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

tender are liable to be rejected.

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

the bidder will be considered non-responsive.

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

the format given in the checklist /qualification document / tender document.

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

strictly in electronic format at appropriate places only.

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

result in disqualification.

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

past, it shall not be deemed to be a ground / reason for not giving required

information for this work / bid.

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

evaluation of this bid. The Government will not ask for any other information,

unless it is found absolutely necessary by the competent authority.

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

# For the works costing up to 7.5 crore (ROAD), 7.0 crore (BUILDING &

BRIDGE) kindly refer to SSR-10-2015-17-C dated 03-02-2017

For the works costing under 7.5 crore for Road Works and 7.0 crore for Building and

Bridge Works following documents shall be submitted in electronic format only

through online by scanning and the (i) Bid Document Fee / Tender Fee (ii) Bid

Security / EMD should be sent in original to the Tender opening authority through

RPAD, so as to reach the Chief Officer within 7 days from last day of submission of

Documents to be furnished by Bidder as per Qualification criteria

INSTRUCTIONSTO BIDDERS

Section 1: Instructions to Bidders

Table of Clauses

Page No. Page No.

A. General D. Submission of Bids

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

2. Source of Funds 8 20. Deadline for Submission

3. Eligible Bidders 8 21. Late Bids

4. Qualification of 8 22. Modification and

the Bidder Withdrawal of

5. One Bid per Bidder 12 Bids

6. Cost of Bidding 12 E. Bid Opening and Evaluation

7. Site Visit 12 23. Bid Opening

B. Bidding Documents 25. Clarification of Financial

8. Content of 13 26. Examination of Bids and

Bidding Determination of

Documents Responsiveness

9. Clarification of 13 27. Correction of Errors

Bidding Documents

10. Amendment of 14 28. Deleted

Bidding Documents

29. Evaluation and Comparison

of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

12. Documents 15 F. Award of Contract

Comprising the Bid

13. Bid Prices 15 31. Award Criteria

14. Currencies of Bid 16 32. Employer’s Right to

and Payment Accept any Bid and to

Reject any or all Bids

15. Bid Validity 16 33. Notification of Award and

Signing of Agreement

16. Bid Security 16 34. Performance Security

17. Alternative Proposals 17 35. Advance Payment and

By Bidders Security

18. Format and Signing of Bid 17 36. Dispute Review Expert

37. Correct or Fraudulent

1. Scope of Bid

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

works (as defined in these documents and referred to as ‘the works”) detailed

in the table given in IFB. The bidders may submit bids for any or all of the works

detailed in the table given in IFB.

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

completion date specified in the Contract data.

1.3 Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their

derivatives (bidder/ tenderer, bid / tender, bidding/ tendering, etc.) are

2. Source of Funds

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

/ Govt. of India for centrally sponsored projects.

3. Eligible Bidders

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

3.2 All bidders shall provide in Section 2, Forms of Bid and Qualification

Information, a statement that the Bidder is neither associated, nor has been

associated, directly or indirectly, with the consultant or any other entity that

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

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

engaged by the Employer to provide consulting services for the preparation or

supervision of the works, and any of its affiliates, shall not be eligible to bid.

4. Qualification of the Bidder

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

Information, a preliminary description of the proposed work method and

schedule, including drawings and charts, as necessary. The proposed

methodology should include a program of construction backed with equipment

planning and deployment duly supported with broad calculations and quality

assurance procedures proposed to be adopted justifying their capability of

execution and completion of work as per technical specifications, within

stipulated period of completion.

#4.5 QUALIFICATION CRITERIA:

(Applicable for the works which require Post Qualification)

4.5.1 Qualification will be based on Applicant’s meeting all the following minimum

pass/ fail criteria regarding the Applicant’s general and particular experience,

personnel and equipment capabilities and financial positions, as demonstrated

by the applicant’s responses in the forms attached to the letter of application (

specified requirement for joint ventures are given under para 4.6 below )

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

determining the applicants compliance with the qualifying criteria

To qualify for more than one contract, the applicant must demonstrate having

experience and resources sufficient to meet the aggregate of the qualification

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

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

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

the financial figure to a common base value for works completed in India.

Year Financial Year Multiplying factor

Base year of inviting 2024-2025

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

executed by them without accounting for the above-mentioned factors.

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

currency the above enhanced multiplying factors will not be applied. Instead,

the current market exchange rate (State Bank of India BC Selling rate as on the

last date of submission of the bid) will be applied for the purpose of conversion

of the amount in foreign currency into India rupees.

4.5.3. General Experience.

The Applicant shall meet with the following minimum criteria:

(a) Achieved a minimum annual financial turnover (defined as billing for works

in progress and completed in all classes of civil engineering construction

works only) in any one year, over the last five years of the annual value of

contract / contracts applied for.

(b) Experience in successfully completing or substantially completing at least

one contract of highway (road and / or bridge works) airport runway of at

least 40 percent of the value of proposed contract within the last five

The works may have been executed by the applicant as prime contractor or

as a member of a joint venture or as a nominated sub-contractor. As

subcontractor, he should have acquired the experience of execution of all

major items of works under the proposed contract. In case a project has

been executed by a joint venture, weight towards experience of the

project would be given to each joint venture in proportion to their

financial participation in the joint venture.

Substantially completed works means those works which are at least 90 %

completed as on the date of submission (i.e. gross value of work done up

last date of submission is 90 % or more of the original contract price) and

continuing satisfactorily.

For these, a certificate from the employers shall be submitted along with

the application incorporating clearly the name of the work, contract value,

billing amount, date of commencement of works, satisfactory performance

of the contractor and any other relevant information.

4.5.4. Personnel Capabilities.

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

4.5.5. Equipment Capabilities

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

equipment to attain the completion of works in accordance with the prescribed

construction schedule are shown in the Appendix.

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

bid, a detailed construction planning and methodology supported with layout

and necessary drawings and calculations to allow the employer to review their

proposals. The numbers, types and capacities of each plant/equipment shall be

shown in the proposals along with the cycle time for each operation for the

given production capacity to match the requirements.

4.5.6. Financial Position

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

assets (aggregate of working capital, cash in hand and uncommitted bank

guarantees) and / or credit facilities up to 25 percent of the value of the contract /

contracts applied.

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

demonstrate the soundness of the applicant’s financial position, showing long –

term profitability including an estimated financial projection for the next two years

If necessary, the employer will make inquiries with the applicant’s bankers.

4.5.8. Litigation History

The Applicant should provide accurate information on any litigation or arbitration

resulting from contracts completed or under execution by him over the last five

years. A consistent history of awards against the Applicant or any partner of a joint

venture may result in failure of the applicant.

4.5.9. Disqualification

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

disqualified if they have:

Made misleading or false representation in the forms, statements submitted,

and / or Record of poor performance such as abandoning the work, rescinding of

contract for which the reasons are attributable to the non – performance of the

contractor; consistent history of litigation awarded against the applicant or

financial failure due to bankruptcy. The rescinding of contract of a joint

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

Experienced partner of joint venture pulling out, court directions leading to

breaking up of a joint venture before the start of work, which are not

attributable to the poor performance of the contractor will, however, not affect

the qualification of the individual partners.

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

(Applicable only for estimated project cost of 50 Crore and

4.6.1. Joint ventures must comply with the following requirement:

(a) Following are the minimum qualification requirements:

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

para4.5.3 & 4.5.6 above. The joint venture must collectively satisfy the criteria

of para4.5.3 & 4.5.6 above. The experience of the other joint venture partners

shall be considered if it is not less than 30 percent of the qualifying criteria in

para 4.5.3 &4.5.6 above.

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

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

shall be submitted with a copy of the joint venture agreement providing the

joint and several liabilities with respect to the contract.

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

individually or as a partner in any other joint venture. In case dissolution of a

joint venture, each one of the constituent firms may qualify if they meet all the

qualification requirements, subject to the written approval of the Employer.

4.7. Bid Capacity.

Applicants who meet the minimum qualification criteria will be qualified only if

their available bid capacity at the expected time of bidding is more than the

total estimated cost of the works. The available bid capacity will be calculated

Assessed Available Bid Capacity = ( A*N*2-B), where

A = Maximum value of work executed in any one year during the last five years

(updated to the price level of the year indicated in appendix) taking into

account the completed as well as works in Progress.

B = Value at current price level of the existing commitments and ongoing works

to be completed during the next ( period of completion of work for

which bids are invited ); and

N = Number of years prescribed for completion of the works for which the bids

Note :- In Case of joint venture, the available bid capacity will be applied

for each partner to the extent of his proposed participation in the

execution of the work.

4.8 Even though the bidders meet the above qualifying criteria, they are subject

to be disqualified if they have:

- Made misleading or false representation in the forms, statements

and Attachments the submitted in proof the qualification requirements; and

- Record of poor performance such as abandoning the works, not properly

completing the contract, inordinate delay in completion, litigation history,

or financial failures etc.; and/ or

- Participated in the previous bidding for the same work and had quoted

unreasonably high bid prices and could not furnish rational justification to

5. One bid per bidder

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

participates in more than one bid (other than as a subcontractor or in cases of

alternatives that have been permitted or requested) will cause all the proposals

with the bidder’s participation to be disqualified.

6. Cost of Bidding

6.1. The bidder shall bear all costs associated with the preparation and submission

of his Bid, and the Employer will in no case be responsible and liable for those

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

examine the Site of work and its surrounding and obtain all information that

may be necessary for preparing the Bid and entering into a contract for

construction of the Works.

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

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed below and

addenda issued in accordance with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

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

the bidder in compliance to section 2 will be prepared by him and furnished as

Volume- V in two parts (refer clause 12).

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

contract, contract data, forms, terms, technical specifications, bill of

quantities, forms, Annexes and drawings in the Bid Document. Failure to comply

with the requirements of Bid Documents shall be at the bidder’s own risk.

Pursuant to clause 26 hereof, bids which are not substantially responsive to

the requirements of the Bid Documents shall be rejected.

9. Clarification Bidding Documents

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

notify the Employer in writing or through E-mail at the Employer’s address

indicated in the invitation to bid. The Employer will respond to any request

for clarification which he received earlier than 15 days prior to the deadline

for submission of bids. Employer’s response will be published on website

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

9.2. Pre-bid meeting

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

which will take place at the address, venue, time and date as indicated in the

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

any matter that may be raised at that stage.

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

reach the Employer not later than 03 days before the meeting.

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

source of enquiry) and the responses given will be published without delay on

the tender website i.e. www.nprocure.com. Any modification of the bidding

documents listed in sub-Clause 8.1 which may become necessary as a result

of the pre-bid meeting shall be made by the Employer exclusively through the

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

the pre-bid meeting.

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

10. Amendment of Bidding Documents

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

bidding documents by issuing addenda.

10.2. Any addendum thus issued shall be part of the bidding documents. The

Employer will assume no responsibility for the same.

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

into account in preparing their bids, the Employer may, at his discretion,

extend as necessary the deadline for submission of bids, in accordance with

Sub-Clause 20.2 below.

C. PREPARATION OF BIDS

11. Language of the Bid

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

12. Documents Comprising the Bid

12.1. The bid be submitted by the bidder as Volume V of the bid document (refer

Clause 8.1) shall be in two separate parts:

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

(i) Bid Security in the form specified in Section

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

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

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

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

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

(i) Form of Bid as specified in Section

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

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

technical as well as financial and must be submitted online only.

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

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

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

on the priced Bill of Quantities submitted by the Bidder.

13.2 The bidder shall fill in rates and prices and line item total (both in figures and

words) for all items of the Works described in the Bill of Quantities along with

total bid price

(Both in figures and words). Items for which no rate or price is entered by the

bidder will not be paid for by the Bill of Quantities.

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

the contract, or for any other cause shall be included in the rates, prices and

total Bid Price submitted by the Bidder. (GST will be paid extra)

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

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

the Condition of Contract (Irrespective of the time limit and Bid Amount)

14. Currencies of Bid and Payment

14.1 The unit rates and the prices quoted by the bidder shall be entirely in Indian

Rupees. All payments shall be made in Indian Rupees.

15. Bid Validity

15.1 Bids shall remain valid for a period of not less than 120 days after the deadline

date forbid submission specified in Clause

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

Employer may request that the bidders may extend the period of validity for a

specified period. A bidder may refuse the request without forfeiting his bid

security. A bidder agreeing to the request will not be required or permitted to

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

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

#16. Bid Security

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

shown in column 4 of the table of IFB for this particular work. This Bid security

shall be in favor of Employer as named in Appendix and may be in one of the

following forms;

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

Volume III. (Bank Guarantee is applicable only for Bid Estimated Amount of

01 Crore and above) and Bank Guarantee of Schedule and Private Banks shall

be considered as per GoG Finance Department’s Circular No. FD/MSM/e-

file/4/2023/0057/D.M.O. Date 21/04/2023 or as per their latest amendment.

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

Bank approved by the Reserve Bank of India.

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

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

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

Registration Certificate of Appropriate Class and Category of Approved

Contractors is required as eligible criteria of bidder.

16.2. Bank guarantees (and other instruments having fixed validity) issued as surety

for the bid shall be valid for 45 days beyond the validity of the bid i.e. total

validity of 120+45 = 165 Days

16.3. Any bid not accompanied by an acceptable Bid Security and not secured as

indicated in Sub-Clauses 16.1 and 16.2 above shall be rejected by the

Employer as non-responsive.

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

end of the bid validity period specified in Sub-Clause

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

has signed the Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

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

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

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

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

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

intimated maximum three times within the validity period for negotiation, If

contractor does not respond in time, his Bid Security (EMD) will be forfeited and

his tender will be rejected. Punitive action will be taken on such contractors.

(As per GoG R&B Dept’s Gr. No. S/22/2017/6369/D, Dt.08/06/2018)

17. Alternative Proposals by Bidders.

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

bidding documents, including the conditions of contract (including mobilization

advance or time for completion), basic technical design as indicated in the

drawing and specifications. Conditional offers or alternative offers will not be

considered further in the process of tender evaluation.

18. Format and Signing of Bid

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

12 of these Instructions to bidder as the “Technical Bid “and “Financial Bid” in

separate parts to be uploaded.

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

20.1. Complete Bids must be received online by the Employer at the tender website

specified above not later than the date indicated in appendix.

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

amendment in accordance with Clause 10, in which case all right and obligation

of the Employer and the bidders previously subject to the original deadline will

then be subject to the new deadline.

22. Modification and Withdrawal of Bids

22.1. Bidders may modify or withdraw their bids online before the deadline

prescribed in Clause 20 or pursuant to Clause

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

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

bids and the expiration of the original period of bid validity specified in Clause

15.1 above or as extended pursuant to Clause 15.2 may result in the forfeiture

of the Bid security pursuant to Clause

E. BID OPENING AND EVALUATION

23. Bid Opening

23.1 The Employer will open all the Bids received including modifications made

pursuant to Clause 22, in the presence of the Bidders or their representatives

who choose to attend at time, date and the place specified in Appendix in the

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

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

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

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

security furnished with each bid will be announced. If the bid security furnished

does not conform to the amount and validity period as specified in the

invitation for bid (ref. Column 4 and paragraph 3), and has not been furnished in

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

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

accompanied with valid bid security will be taken up for evaluation with

respect to the Qualification information and other information furnished

in part I of the bid pursuant to Clause 12.1.

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

Documents with respect to any required clarification.

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

clarification letter.

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

the Evaluation Committee will finalize the list of responsive bidders

whose financial bids are eligible for consideration.

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

responsive in accordance with Clause 23.4(iv) will be announced. The bids of

only these bidders will be opened. The responsive Bidders’ names, the Bid

prices, the total amount of each bid, any discount and such other details as the

prices, the total amount of each bid, any discount and such other details as the

Employer may consider appropriate, will be announced by the Employer at the

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

responsive in accordance with Clause 23.4(iv) will be announced. The bids of

only these bidders will be opened. The responsive Bidders’ names, the Bid

prices, the total amount of each bid, any discount, and such other details as

prices, the total amount of each bid, any discount, and such other details as

the Employer may consider appropriate, will be announced by the Employer at

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

“Financial Bid” shall be in order of Estimated amount of Bids from highest to

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

information disclosed to those present in accordance with Sub-Clause 23.6.

24.1 Information relating to the examination, clarification, evaluation, and

comparison of Bids and recommendations for the award of a contract shall not

be disclosed to Bidders or any other persons not officially concerned with such

process until the award to the successful Bidder has been announced. Any effort

by Bidder to influence the Employer’s processing of Bids or award decisions may

result in the rejection of his Bid.

25. Clarification of Financial Bids

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

may, at his discretion, ask any Bidder for clarification of his Bid, including

breakdowns of unit rates. The request for clarification and the response shall be

in writing or by e- mail, but no change in the price or substances of the Bid shall

be sought, offered, or permitted except as required to confirm the correction of

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

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

relating to his Bid opening to the contract is awarded. If the Bidder wishes to

bring additional information to the notice of the Employer, it should do so in

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

evaluation, bid comparison or contract award decision may result in the

rejection of the Bidders’ bid.

26. Examinations of Bids and Determination of Responsiveness

26.1 During the detail evaluation of "Technical Bid", the Employer will determine

whether each Bid (a) meets the eligibility criteria defined in Clause 3 and 4; (b)

has been properly signed; (c) is accompanied by the required securities and; (d)

is substantially responsive to the requirements of the Bidding document. During

the detailed evaluation of the “Financial Bid”, the responsiveness of the bids

will be further determined with respect to the remaining bid conditions, i.e.,

priced bill of quantities, technical specifications, and drawings.

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

conditions and specifications of bidding documents, without material deviation

or reservation. A material deviation or reservation is one (a) which affects in

any substantial way the scope, quality, or performance of the Works; (b) which

limits in any substantial way, inconsistent with the Bidding documents, the

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

rectification would affect unfairly the competitive position of other Bidders

presenting substantially responsive Bids.

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

Employer, and may not subsequently be made responsive by correction or

withdrawal of the non-conforming deviation or reservation.

29. Evaluation and Comparison of Financial Bids

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

substantially responsive in accordance with Sub-Clause 26.2.

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

Variation and deviations and other factors, which are in excess of the

requirements of the Bidding documents or otherwise result in unsolicited

benefits for the Employer, shall not be taken into account in Bid evaluation.

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

Conditions of Contact, during the period of implementation of the Contract, will

not be taken into account in Bid evaluation.

29.5. If the Bid of the successful Bidder is seriously unbalanced in relation to the

Engineer’s estimate of the cost of work to be performed under the contract the

Employer may require the Bidder to produce detailed consistency of those

prices with the construction methods and schedule proposed. After evaluation

of the price analyses, the Employer may require that the amount of the

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

successful /bidder to a level sufficient to protect the Employer against financial

loss in the event of default of the successful Bidder under the Contract.

29.6. A bid which contains several items in the bill of Quantities which are

unrealistically priced low and which cannot be substantiated satisfactorily by

the bidder may be rejected as non-responsive.

F. AWARD OF CONTRACT

31. Award Criteria

31.1. Subject to Clause 32, the Employer will award the contract to the Bidder

whose Bid has been determined.

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

offered the lowest evaluated Bid Price; and

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

price which is the lowest evaluation in any of the packages opened

earlier than the one consideration.

In no case, the contract shall be awarded to any bidder whose available

bid capacity is less than the evaluated bid price, even if the said bid is the

lowest evaluated bid. The contract will in such cases be awarded to the next

lowest bidder at his evaluation bid price.

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

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

any Bid, and to cancel the Bidding process and reject all Bids, at any time prior

to the award of contract, without thereby incurring any liability to the affected

bidder or Bidder or any obligation to inform the affected Bidder or Bidders of

the grounds for the Employer’s action.

33. Notification of Award and Signing of Agreement

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

Employer prior to expiration of the Bid validity period by cable, telex or

facsimile confirmed by registered letter. This letter (hereinafter and in the

condition of contract called the “Letter of Acceptance”) will state the sum that

the Employer will pay the Contractor in consideration of the execution,

completion, and maintenance of the Works by the Contractor as prescribed by

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

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

only to the furnishing of a performance security in accordance with the

provisions of Clause.

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

successful Bidder. It will be signed by the Employer and to the successful

Bidder, within 28 days following the notification of award along with the Letter

of Acceptance. Within 21 days of receipt, the successful Bidder will sign the

Agreement and deliver it to the Employer.

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

Employer will promptly notify the other Bidders that their Bids have been

34. Performance Security

34.1.(A) Within 10 (Ten) days of receipt of Letter of Acceptance, the successful

Bidder shall furnish to the Employer an irrevocable and unconditional

guarantee from a Bank in the form set forth in Section 8 (the “Performance

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

case of bids mentioned below, the successful Bidder, along with the

Performance Security,

shall also furnish to the Authority an irrevocable and unconditional

guarantee from a Bank in the same form given at Section 8 towards an

Additional Performance Security (The “Additional Performance Security”)

for an amount calculated as under:

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

but upto 20% of the Estimated Project Cost, then the Additional

Performance Security shall be calculated @ 20% of the difference in

the (i) Estimated Project Cost (as mentioned in Bid Document) -

Minus 10% of the Estimated Project Cost and (ii) Contract Price

offered by the selected Bidder.

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

of the Estimated Project Cost, then the Additional Performance

Security shall be calculated @ 30% of the difference in the (i)

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

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

selected Bidder.

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

Performance Security.

(B) The Performance Security shall be valid beyond 60(sixty) days of the

Defects Liability Period and the Additional Performance Security shall be

valid beyond 28 (twenty-eight) days of Project Completion Date.

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

a Bank Guarantee, it shall be issued either (a) at the Bidder’s option, by a

Nationalized/Scheduled Indian bank or (b) by a foreign bank located in India

and acceptable to the Employer. As per GoG Finance Department’s Circular

No. FD/MSM/e-file/4/2023/0057/D.M.O. Date 21/04/2023 or as per their

latest amendment.

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

34.1 shall constitute sufficient grounds for cancellation of the award and

forfeiture of the Bid Security.

35 Advance Payment and Security

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

stipulated in the Conditions of Contract, subject to maximum amount, as

stated in the Contract Data.

37. Corrupt of Fraudulent Practices

37.1 The Employer will reject a proposal if it determines that the Bidder

recommended for award has engaged in corrupt or fraudulent practices in

completing for the contract in question and will declare the firm ineligible,

either indefinitely or for a stated period of time, to be awarded a contract

with National Highways Authority of India/ State PWD and any other agencies,

if it at any time determines that the firm has engaged in corrupt or fraudulent

practices in completing for the contractor, or in execution.

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

of the Conditions of Contract.

APPENDIX TO ITB

Clause Reference

With respect to

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

BOTAD NAGARPALIKA

2. The last five Years

3. This Annual [Cl.4.5.3 (a)]

Amount is Rs. 30%

of estimated cost

4. Value of Work is Rs. As per Tender

5. Deleted [Cl.4.5.6 ]

6. The cost of electric work is Rs.

7. The cost of water supply / sanitary works is

8. Liquid assets and / or availability of

credit facilities is Rs. …………

9. Price level of the financial year …………… [Cl. 4.5.2]

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

BOTAD NAGARPALIKA

11. The technical Bid will be opened at the

office of the BOTAD NAGARPALIKA on dt at

12. Address of the Employer: Chief Officer,

Botad Nagarpalika

13. Deleted [Cl. 20.1 & 20.2]

14. The bid should be submitted latest

by As stated on online NIT [Cl. 23.1 ]

15. The bid will be opened at

…………………………… As stated on online NIT

16. The Bank Draft in favor of ………………………..

17. Deleted [Cl.4.5.2]

18. Escalation factors (for the cost of works

executed and financial figure to a common

base value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender 2024-2025

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

[Reference CL. 4.5.5]

The contractors shall also give a list of machineries in his possession and which

they propose to use on the work.

Sr. Plant or Location Age of Make Capacity Approximate Remark

No. Machinery Machinery Value

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

# Employment of a qualified site Engineer by the Contractor.

The Contractor shall employ full-time technically qualified staff during the execution

of this work as under: -

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

work to be executed is more than Rs.50 lakhs.

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

executed is more than Rs.15 lakhs but less than Rs.50 lakhs.

3. Minimum Two Diploma Civil Engineer when the cost of work is less than Rs.15

lakhs but more than Rs.5 lakhs.

4. Minimum One Diploma Civil Engineers for the work when the cost of work to be

executed is less than Rs. 5 lakhs. The Engineer so employed for the Government

work must have sufficient experience to handle the work independently. Such an

Engineer shall have to stay at the site of work and he shall not be entrusted with

other duty except this work.

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

Engineer, Employment of a separate Engineer will not be necessary provided that

the Engineer partner himself attends the execution of the work on the site.

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

Deputy Chief Officer-in-charge of the work the Name, Qualifications, copy of

marksheet, Colour Photograph and the appointment order issued such engineers

engaged for this contract work. If 15 days after issue of work order such

designated Site Engineers do not resume or do not remain present on site of

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

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

QUALIFICATION INFORMATION

QUALIFICATION INFORMATION

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

for the purpose of post qualification as provided for in Clause 4 of the Instruction to

Bidders. This information will not be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of

Bidder (Attach Copy)

Place of registration

Principal place of business

Power of attorney of signatory of

1.2 Total value of Civil engineering constructions 2024-2025

Work performed in the last five years 2023-24

(in Rs. Lakhs) 2022-23

15.2.1 Work performed as prime contractor, work performed in the past as a

nominated sub-contractor will also be considered the sub-contract involved

execution of all main items of work described in the bid documents, provided

further that all other qualification criteria are satisfied (in the same name) on

works of a similar nature over the last five years** and in current year before

the submission of the bid.

Projec Name of Description Contrac Value Date Stipulated Actual date Remark

t the of work t No. of of period of of explaining

Name Employer contrac issue completio completion reasons for

t (Rs. of n * delay &

Crore) work work

order Completed

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

** Immediately preceding the financial year in which bids are received.

#1.3.2 Quantities of work executed as prime contractor, work performed, in the past

as a nominated sub-contractor, will also be considered provided the sub-

contract involved execution of all main items of work described in the bid

document, provided, further that all other qualification criteria are called (in

the same name and style) in the last five years** and in current year before the

submission of the bid.

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

of the the (indicate

work Employe contract

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

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

(A) Existing commitments and on-going works:

Description Place Contract Name & Value Stipulated Value of Anticipated

of works & No. Address Contrac Period of Works* of

State of t (Rs. Completio remaining completion

Employer Cr) n to be

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

** Immediately preceding the financial year in which bids are received.

1.5 Availability of key items of Contractors Equipment for carrying out the works

(Ref. Clause 4.5.5). The Bidder should list all the information requested below.

Item of Requirement Availability Proposals Remarks

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

Leased to Capacity Conditions whom to

1.6 Qualifications and experience of key personnel required for administration and

execution of the contract. Attach biographical data. Refer also to Sub Clause

9.1 of the Conditions of Contract.

Position Name Qualification Year of Year of

Experience experience in

(General) the proposed

Project Manager

1.7 Proposed sub-contract and firms involved

Sections of the Value of Sub- Sub-Contractor Experience in

works Contractor (Name & similar work

Attach copies of certificates on possession of valid license for executing

water supply/ sanitary work/ building electrification works.

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

statements, auditors’ reports (in case of companies/corporations), etc. List

them below and attach copies.

1.9 Evidence of access to financial resources to meet the qualification

requirements: cash in hand, lines of credit, etc. List them below and attach

copied documents.

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

who may provide references if contacted by the Employer.

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

OtherParty Employer Cause Amount Remarks

(ies) of Involved showing

Dispute Present

1.12. Statement of compliance under the requirements of Sub Clause 3.2 of the

instruction to Bidders. (Name of Consultant engaged for project preparations is

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

drawings and charts as necessary to comply with the requirements of the

Bidding documents. (Refer ITB Clause 4.1)

3. Additional Requirements

3.1 Bidders should provide any additional information required to fulfill the

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

(ii) Undertaking

* Fill the name of Consultant

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR

AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

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

company with a good financial standing.

If the contract for the work, namely is awarded to

the above firm, we shall be able to provide overdraft/credit facilities to the

Rs. to meet their working capital requirements for executing the

above during the contract period.

Senior Bank Manager

Address of the Bank

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

required attachments are true and correct.

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

have not abandoned any work

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

under Government of Gujarat/Government of India nor any contract

awarded to us for such works have been rescinded, during last five years

prior to the date of this bid.

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

or corporation to furnish pertinent information deemed necessary and

requested by the Department to verify this statement or regarding any (our)

competence and general reputation.

4. The Undersigned understands and agrees that further qualifying information

may be requested, and agrees to furnish any such information at the request

of the Department/ Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

I, the undersigned do hereby undertake that our firm

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

(Signed by an Authorized officer of the firm)

Title of officer

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A General Pag D. Cost Control

1 Definitions 37 37 Bill of Quantities

2 Interpretation 38 38 Changes in the Quantities

3 Language and Law 39 39 Variations

4 Engineer’s Decisions 39 40 Payments for Variations

5 Delegations 39 41 Cash Flow Forecasts

6 Communications 39 42 Payment Certificates

7 Sub-Contractors 39 43 Payments

8 Other Contractors 39 44 Compensations Events

9 Personnel 40 45 Tax

10 Employer’s & Contractor Risk 40 46 Currencies

11 Employers Risks 40 47 Price Adjustment

12 Contractor’s Risk 40 48 Retention

13 Insurance 40 49 Liquidated damages

14 Site Investigations Reports 41 50 Bonus

15 Queries about the Contract 41 51 Advance Payment

16 Contractors to Construct the 41 52 Securities

17 The Works to be Completed By 41 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 41 54 Cost of Repair

20 Discoveries 42 E. Finishing the Contract

21 Possession of the Site 42 55 Completion

22 Access to the Site 42 56 Taking Over

23 Instructions 42 57 Final Account

24 Disputes 42 58 Operating and Maintenance

25 Procedure for Disputes

26 Deleted 43 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 44 62 Release from Performance

28 Extensions of the Intended

completion date

29 Deleted 44 F. Special Conditions of

30 Delays Ordered by The 44 63 Labour

Engineer 64 Compliance with labour

31 Management Meetings 45 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

CONDITIONS OF CONTRACT

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

Conditions of Contract but keep their defined meaning.

Bill of Quantities means the priced and completed Bill of Quantities

forming part of the Bid

Compensation Events are those defined in Clause 44 hereunder

The Completion Date is the date of completion of the Works as

certified by the Engineer in accordance with Sub Clause

The Contract is the contract between the Employer and Contractor to

execute, complete and maintain the Works till the completion of Defects

Liability Period. It consists of the documents listed in Clause 2.3 below.

The Contract data defines the documents and other information which

comprise the Contract.

The Contractor is a person or corporate body whose Bid to carry out

the Work has been accepted by the Employer.

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

the Contractor to the Employer and includes Technical and Financial Bids.

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

thereafter as adjusted in accordance with the provisions of the Contract.

Days are calendar days: months are calendar months.

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

and calculated from the Completion Date.

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

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

competent person appointed and notified to the contractor to act in

replacement of the Engineer) who is responsible for supervising the

Contractor, administering the Contract, certifying payments due to the

Contractor, issuing and valuing Variations to the Contract, awarding

extensions of time, and valuing the Compensations Events.

Equipment is Contractor’s machinery and vehicles brought temporarily

to the site to construct the Works.

The Initial Contract Price is the Contract Price listed in the

Employer’s Letter of Acceptance.

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

the Contractor shall complete the Works. The Intended Completion Date is

specified in the Contract Data. The Intended Completion Date may be revised

only by the Engineer by issuing an extension of time.

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

for incorporation in the works.

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

electrical, electronic or chemical or biological functions.

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

Site Investigation Reports are those which were included in the Bidding

documents and are factual interpretive reports about the surface and

subsurface conditions at the site.

Specifications means the Specifications of the works included in the

Contract and any modification or addition made or approved by the Engineer.

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

Contractor shall commence execution of the works. It does not necessarily

coincide with any of the Site Possession Dates.

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

the Contractor to carry out a part of the work in the Contract which includes

work on the Site.

Temporary Works are works designed, constructed, installed, and

removed by the Contractor which are needed for construction or installation of

A Variation is an instruction given by the Engineer, which varies the

Works. The Works are what the Contract requires the Contractor to

construct, install,

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

2. Interpretation

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

male also means female or neuter and the other way around. Heading

have no significance. Words have their normal meaning under the

language of the Contract unless specifically defined. The Engineer will

provide instructions clarifying queries about Conditions of Contract.

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

the Conditions of Contract to the Works, the Completion date, and

Intended Completion Date apply to any Section of the Works (other than

references to the Completion Date and Intended Completion date for the

2.3 The documents forming the Contract shall be interpreted in the following

order of priority

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

(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

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

3. Language and Law

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

stated in the Contract Data.

4. Engineers Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide

contractual matters between the Employer and the Contractor in the role

representing the Employer.

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

people after notifying the Contractor and may cancel any delegation

after notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the conditions

are effective only when in writing. A notice shall be effective only when

it is delivered (in terms of Indian Contract Act).

7. Sub-Contracting

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

specified in contract data, with the approval of the engineer but may not

assign the Contract without the approval of the Employer in writing.

Subcontracting shall not alter the Contractor’s obligations. Sub-

contracting of supply or specific items of work is not allowed.

7.2 The sub-contractor must be registered in appropriate class and category

for the part of work to be subcontracted.

8. Other Contractors

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

public authorities, utilities and the Employer between the dates given in

the Schedule of other Contractor. The Contractors shall as refer to in the

Contract Data, also provide facilities and services for them as described

in the Schedule. The employer may modify the schedule of other

contractors and shall notify the contractor of any such modifications.

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

Key Personnel as referred to in the Contract Data to carry out the

functions stated in the Schedule or other personnel approved by the

Engineer. The Engineer will approve any proposed replacement of key

personnel only if their qualifications, abilities, and relevant experience

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

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

of the Contractor Staff or his work force stating the reasons the

Contractor shall ensure that the person leaves the Site within seven days

and has no further connection with the work in the Contract.

10. Employer’s and Contractors Risks

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

risks, and the Contractor carries the risks which these Contracts states

are Contractors risk.

11. Employer’s Risks

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

as they directly affect the execution of the Works, the risks of war,

hostilities, invasion, act of foreign enemies, rebellion, revolution,

insurrection or military or usurped power, civil war, riot commotion or

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

contamination from any nuclear fuel or nuclear waste or radioactive toxic

12. Contractor’s Risks

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

and death which arise during and in consequence of the performance of

the Contract other than the excepted risks are the responsibility of the

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

Contractor, insurance cover from the Start date to the end of the Defects

Liability Period, in the amounts and deductibles stated in the Contract

data for the following events which are due to the Contractor’s risks:

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

(b) Loss of or damage to Equipment

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

and Equipment) in connection with the Contract; and

(d) Personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the

Contractor to the Engineer for the Engineer’s approval before the Start

Date. All such insurance shall provide for compensation to be payable in

the types and proportions of currencies required to rectify the loss or

damage incurred.

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

required, the Employer may affect the insurance which the Contractor

should have provided and recover the premiums the Employer has paid

from payments otherwise due to the Contractor or, if no payment is due,

the payment of the premiums shall be a debt due.

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

approval of the Engineer.

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

14. Site Investigation Report

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

reports referred to in the Contract Data, supplemented by any

information available to the Bidder.

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

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

the specification and Drawings.

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

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

and shall carry out the Works in accordance with the programme

submitted by the Contractor, as updated with the approval of the

Engineer, and complete them by the Intended Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the

proposed Temporary works to the Engineer, who is to approve them if

they comply with the Specifications and drawings.

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

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

design of the Temporary works.

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

Temporary works where required.

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

temporary or permanent work are subject to prior approval by the

Engineer before their use.

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

20. Discoveries

20.1 Anything of historical or other interest or of significant value

unexpectedly discovered on the site is the property of the Employer. The

contractor is to notify the engineer of such discoveries and carry out the

Engineer’s instructions for dealing with them.

21. Possession of the Site

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

Contractor. If possession of a part is not given by the date stated in the

Contract Data the Employer is deemed to have delayed the start of the

relevant activities and this will be a Compensation Event.

21.2 If within 25% of the time limit of the project, 80% of possession of the

site is not handed over to the Contractor, then contractor/ Employer may

fore-close the contract. Contractor/Employer has to foreclose the work

within 30 days after lapse of 25%-time limit and after 30 days foreclosure

option will be closed.

22. Access to the Site

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

Engineer access to the Site, to any place where work in connection with

the Contract is being carried out or is intended to be carried out and to

any place where materials or plants are being manufactured/ fabricated/

assembled for the works.

23. Instructions

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

to works which comply with the applicable laws where the site is

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

accounts and records relating to the performance of the Contractor and

to have them audited by auditors appointed by the Employer, if so

required by the Employer.

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

either outside the authority given to the Engineer by the Contract or that

the decision was wrongly taken, the decision shall be referred to # Chief

Officer, (Higher Authority) within 14 days of the notification of the

Engineer's decision. If the issue is not resolved, any party can refer the

matter for conciliation within 15 days from the decision given by the

#Superintending Engineer.

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

with the decision of the # Chief Officer, both the parties have to

refer to the Chief Engineer concern for the conciliation process.

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

satisfied with the decision of the # Chief Officer, both the parties

have to refer to the # Chief Officer, Botad Nagarpalika Government

of Gujarat for the conciliation process.

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

refer the dispute to Gujarat Public Works Contract Dispute Arbitration

Tribunal. If the Contractor fails to refer a claim / dispute to the Higher

Authority within 14 days of the notification of the Engineer's decision,

the Contractor shall not be entitled to any additional payment/claim if

he doesn’t follow the above sequence in stipulated time and he should

not stop the work.

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the

arbitration procedure stated in the Special Conditions of Contract.

B. TIME CONTROL

27.1 Within the time stated in the Contract Data the Contractor shall submit

to the Engineer for approval a Programme showing the general methods,

arrangements orders, and timing for all the activities in the works along

with monthly cash flow forecast.

27.2 An update of the Programme shall be a Programme showing the actual

progress achieved on each activity and the effect of the progress

achieved on the timing of the remaining work including any changes to

the sequence of the activities.

27.3 The Contractor shall submit to the Engineer, for approval an updated

programme at intervals no longer than the period stated in the Contract

data. If the Contractor does not submit an updated Programme within

this period, the Engineer may withhold the amount stated in the Contract

data from the next payment after the date on which the overdue

Programme has been submitted.

27.4 The Engineer’s approval of the programme shall not alter the

Contractor’s obligations. The Contractor may revise the Programme and

submit it to the Engineer again at any time. A revised programme is to

show the effect of Variations and Compensations events.

28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date if a

compensation Event occurs or a Variation is issued which makes it

impossible for completion to be achieved by the Intended Completion

Date without the Contractor taking steps to accelerate the remaining

work and which would cause the Contractor to incur additional cost.

28.2 The Engineer shall decide whether and by how much to extend the

Intended Completion Date within 35 days of the Contractor asking the

Engineer for a decision upon the effect of a compensation event or

Variation and submitting full supporting information. If the Contractor

has failed to give early warning of a delay or has failed to cooperate in

dealing with a delay, the delay by this failure shall not be considered in

assessing the new Intended Completion Date.

28.3 The Engineer shall within 14 days of receiving full justification from the

contractor for extension of Intended Completion Date refer to the

Employer his decision. The employer shall in not more than 21 days

communicate to the engineer the acceptance or otherwise of the

Engineer’s decision. If the employer fails to give his acceptance, the

Engineer shall not grant the extension and the contractor may refer the

matter under Clause

30. Delays Ordered by the Engineer

30.1 The Engineer may instruct the Contractor to delay the start or progress of

any activity within the works.

31. Management Meetings

31.1 Either the Engineer or the Contractor may require the other to attend a

management meeting. The business of a management meeting shall be to

review the plans for remaining work and to deal with matters raised in

accordance with the early warning procedure.

31.2 The Engineer shall record the business of management meetings and is to

provide copies of his record to those attending the meeting and to the

Employer. The responsibility of the parties for actions to be taken is to

be decided by the Engineer either at the management meeting or after

the management meeting and stated in writing to all who attended the

32. Early Warning

32.1 The Contractor is to warn the Engineer at the earliest opportunity of

specific likely future events or circumstances that may adversely affect

the quality of the work, increase the Contract price or delay the

execution of works. The Engineer may require the contractor to provide

an estimate of the expected effect of the future event or circumstance

on the contract price and completion date. The estimate is to be

provided by the Contractor as soon as reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and

considering proposals for how the effect of such an event or circumstance

can be avoided or reduced by anyone involved in the work and in carrying

out any resulting instruction of the Engineer.

C. QUALITY CONTROL

# 33. Identifying Defects/ Defect liability period

33.1 : Defect liability period : The contractor shall be responsible to make good

and remedy at his own expense any defect which may develop or may be

noticed before the period mentioned here under from the certified date

of completion. The Engineer in charge shall give the contractor a notice

in writing about the defects and the contractor shall make good the same

within 15 days of receipt of the notice. In the case of failure on the part

of the contractor, the Engineer-in-charge may rectify or remove or re-

execute the work at the risk & cost of the contractor. The Engineer-in-

charge shall be entitled to appropriate the whole or any part of the

amount of security deposit towards the expenses, if any, Incurred by him

in rectification, removal or re-execution. The Defects Liability period

shall be as under….

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

shall be 3 Months from the certified date of completion.

(b) For all works costing more than Rs. 50,000 and up to Rs. 1 crore (amount

put tender), the period shall be 12 (Twelve) months from the certified

date of completion or one monsoon, whichever is later.

(c) For major projects costing more than Rs. 1 crore, the period shall be

Months from the certified date of completion which should include three

(d) For original building works the defect liability period will be 4 years or

elapse of 4 monsoon period following date of possession of building taken

over by user agency following the certified date of completion,

whichever is later.

For the purpose of deciding the monsoon period, the 30th September

shall be treated as the last date.

Modified vide R & B D Circular No. PAC-11-102008-2076-N dated

31/8/2009, PRCH/102013(2976) 2759-N, Dated 27/05/2013 and Circular

No. TNC/10/2016/Clause 17A (Correction/(1)C Dated 12/05/2016]

33.2 Free maintenance guarantee period for works of Road/Bridge construction

(a) For resurfacing work of road free maintenance guarantee period one

year from the date of completion.

(b) In case of widening of the road/strengthening of the road/bridge, the

contractor shall have to give four years free maintenance guarantee

from the certified date of completion. During this period the

contractor shall visit the site every six months along with the

concerned Section Officer / Deputy Chief Officer and will examine the

work already carried out in this contract like road work, jungle

cutting, side shoulders, side gutter, road furniture, patta etc. and will

prepare Km. wise inspection report duly signed by all concerned and

any defect observed shall be done within 15 days by the contractor at

his risk and cost as per the direction of Engineer in charge. The

contractor needs to do videography of these visits and require to

submit at the time of release of FMG. If B.T. the surface during the

maintenance period of 4 years is worn out then agency shall have to

provide renewal coating as per tender item as directed by the

Engineer-in- charge. The amount equivalent to 5% of each running bill

shall be withheld and will be released after the free maintenance

guarantee period (i.e. 4 years) is over.

However, this amount shall be released against fixed deposit or

bank guarantee pledged in the name of Chief Officer after completion

certificate of work is issued.

(1) The flakiness and elongation index (combined) for coarse aggregates

under no circumstances shall exceed the allowable limit set forth in

the relevant clause for the material in question.

(2) 2% of the amount eligible for the payment of bituminous items shall

be withheld till the miscellaneous items like earthwork in

embankment / cutting for side shoulders, side gutters, kilometer /

indicator / guard stones, sign boards etc. are completed in all respect

by the contractor. After completion of the miscellaneous items, the

above said 2% withheld amount shall be released.

(Govt. of Gujarat's G.R. No.: TNC-10-2013-3(Part-3)/C, Dated.

(3) Videography for the surface under Maintenance Guarantee is to be

done as per Govt. letter No.: SSR/10/2015-16/26/C, Dated. 26/11/15

for the work costing more than Rs. 5.00 Crore.

(4) Setting up of adequate laboratory & deployment of quality engineers.

The contractor shall have to set up the laboratory with adequate

equipment. Till the setting up of adequate laboratory is completed &

reported of this to the engineer (subject to due verification by

engineer’s representative) by contractor in writing, Rs.2,00,000/-

shall be withheld. The qualified quality Engineer shall be deployed

exclusively for this contract by the contractors. If quality Engineer is

not deployed by contractor within one month after the date of work

order, the amount equivalent to Rs.20,000 per month shall be

recovered till the actual deployment of quality engineer. The amount

so recovered towards the deployment of quality engineers shall not be

(5) Asphalt work will have to be cross checked as per G.R. No.:

RGN/60/2006/35/C, dtd.31/05/07 before final bill is paid.

(6) Maintenance during Construction Period

During the Construction Period, the Contractor shall maintain, at his

own risk and cost, the existing lane(s) of the road so that the traffic

worthiness and safety thereof are at no time materially inferior as

compared to their condition 10 (ten) days prior to the date of the

Agreement, and shall undertake the necessary repair and

maintenance works for this purpose; provided that the Contractor

may, at his cost, interrupt and divert the flow of traffic if such

interruption and diversion is necessary for the efficient progress of

works and conforms to Good Industry Practice; provided further

that such interruption and diversion shall be undertaken by the

Contractor only with the prior written approval of the Chief Officer

which approval shall not be unreasonably withheld. For the avoidance

of doubt, it is agreed that the Contractor shall at all times be

responsible for ensuring safe operation of the road.

33.3 The Engineer shall check the Contractor’s work and notify the Contractor

of any defects that are found. Such checking shall not affect the

Contractor’s responsibilities the Engineer may instruct the Contractor to

search for a Defect and to uncover and test any work that the Engineer

considers may have a Defect.

34.1 If the engineer instructs the Contractor to carry out a test not specified

in the Specification to check whether any work has a Defect and the test

shows that it does, the Contractor shall pay for the test and any samples.

If there is no defect the test shall be a Compensation Event.

34.2 #1% of the amount of work done should be deducted from R.A. Bill of the

contractor for testing the quality of material workmanship, irrespective

of actual charges.

34.3 Agency has to establish testing laboratory on site for the various test to

be carried out in the work for this purpose agency shall construct a pukka

laboratory building with all facility on site at location specified by the

engineer in charge.

35. Correction of defects

35.1 The engineer shall give notice to the Contractor of any defects before the

end of the defects Liability Period, which begins at Completion and is

defined in the contract data. The Defects Liability Period shall be

extended for as long as Defects remain to be corrected.

35.2 Every time notice of a Defect is given, the Contractor shall correct the

notified defect within the length of time specified by the Engineer’s

36. Uncorrected Defects

36.1 If the Contractor has not corrected a defect within the time specified in

the Engineer’s notice, the Engineer will assess the cost of having the

Defect corrected, and the Contractor will pay this amount.

D. COST CONTROL

36.2 Bill of Quantities

36.3 The bill of Quantities shall contain items for the constructions,

installation, testing and commissioning work to be done by the

36.4 The bill of Quantities is used to calculate the Contract price. The

Contractor is paid for the quantity of the work done at the rate in the Bill

of Quantities for each item.

37. Change in the Quantities

37.1 The Engineer shall have power to make any alterations in or addition to

the original specifications , drawings, designs and instructions that may

appear to him to be necessary or advisable during the progress of the

work and the contractor shall be bound to carry out the work in

accordance with any instruction in this connection which may be given to

him in writing signed by the Engineer and such alteration shall not

invalidate the contract and any additional work which the contractor may

be directed to do in the manner above specified as part of the work shall

be carried out by the contractor on the same conditions in all respects on

which he agreed to do the main work and at the same rate as are

specified in the tender for the main work.

Except that when the quantity of any item exceeds the quantity as in the

tender by more than 130%, the contractor will be paid for the quantity in

excess of 130%, at the rate entered in the SOR of the year during which

the excess in quantity is first executed.

38.1 All Variations shall be included in updated programmes produced by the

39. Payments for Variations

39.1 If the additional or altered work includes any class of work for which no

rate is specified in this contract, then such class of work shall be carried

(i) At the rate derived from the item within the contract which is

comparable to the one involving additional or altered class of work;

where there are more than one comparable items, the item of the

contract which is nearest in comparison with regard to class or classes of

the work involved shall be selected and the decision of the

Superintending Engineer as to the nearest comparable item shall be final

and binding on the contractor.

(ii) If the rate cannot be derived in accordance with (i) above, such class of

works shall be carried out at the rate entered in the Schedule of Rates of

for the year in which the tender was received, increased or decreased by

the percentage by which the tender amount is more or less as compared

to the amount arrived at the rates in the “Schedule of Rates” of the

Division in the year in which the tender was received. If the Schedule of

rates of the Division does not contain all the items, the percentage

increase or decrease of the tender shall be calculated considering such

items which were included in the “Scheduled Rates” of the division for

the year and for materials consumed on such item the rate to be charged

would be the basic rate taken into account for fixing the rate in S.O.R.

referred to above.

(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class

of work shall be carried out at the rate decided by the competent

authorities on the basis of detailed rate analysis after hearing the

contractor before a Committee of two Superintending Engineers

stationed at the same place or the nearest place.

39.2 If the additional or altered work, for which no rate is entered in the

“Schedule of Rates” of the Division is ordered to be carried out before

the rate is agreed upon, then the contractor shall within seven days of

the date of receipt by him of the order to carry out the work, inform the

Engineer-in-charge of the rate, which it is his intention to charge for such

class of work and if the Engineer in charge does not agree to this rates,

he shall by notice in writing be at liberty to cancel his order to carry out

such class of work and arrange to carry it out in such manner as he may

consider it advisable, provided always that if the contractor shall

commence work or incur any expenditure in regard thereof before the

rates shall have been determined as lastly herein before mentioned,

then in such cases he shall only be entitled to be paid in respect of the

work carried out or expenditure incurred by him prior to the date of the

determination of the rate as aforesaid according to such rate or rates as

shall be fixed by the Engineer-in-charge. In the event of the dispute, the

decision of the Superintending Engineer of the Circle shall be final.

Where, however, the work is to be executed according to the

designs, drawings and specifications recommended by the contractor and

accepted by the competent authority, the alternation above referred to

shall be within the scope of such designs, drawings and specifications

appended to the tenders.

The time limit for the completion of the work shall be extended in

the proportion that the increase in the cost occasioned by alterations

bears to the cost of the original work and the certificate of the Engineer-

in-charge as to such proportion shall be final and conclusive.

40. Cash Flow Forecasts

40.1 When the programme is updated, the contractor is to provide the

engineer with an updated cash flow forecast.

41. Payment certificates.

41.1 The Contractor shall submit to the Engineer monthly statements of the

estimated value of the work completed less the cumulative amount

certified previously.

41.2 The Engineer shall check the Contractor’s monthly statement within

days and certify the amount to be paid to the Contractor after taking into

account any credit or debit for the month in question in respect of

materials for the works in the relevant amounts and under conditions set

forth in sub- clause 32.3 of the Contract Data (secured Advance).

41.3 The value of work executed shall be determined by the Engineer.

41.4 The value of work executed shall comprise the value of the quantities of

the items in the Bill of Quantities completed.

41.5 The value of work executed shall include the valuation of variations and

compensation events.

41.6 The Engineer may exclude any item certified in a previous certificate or

reduce the proportion of any item previously certified in any certificate

in the light of later information

42.1 Payments shall be adjusted for deductions for advance payments,

retention, other recoveries in terms of the contract and taxes at source,

as applicable under the law. The Employer shall pay the Contractor the

amounts certified by the Engineer within 28 days of the date of each

42.2 Payment of GST (prevailing rates) on the amount payable under the

contract to the Contractor will be made by the Employer. Hence, it is the

responsibility of the contractor to pay the GST to the concerned

42.3 Items of the works for which no rate or price has been entered in will not

be paid by the Employer and shall be deemed covered by other rates and

prices in the Contract.

43. Compensation events

43.1 The following are compensation Events unless they are caused by the

(a) The Employer does not give access to a part of the Site by the

site Possession date stated in Contract data to the Contractor

43.2 In case of compensation event occurs and it prevents the work being

completed beyond the Intended Completion Date then Authority will

approve EOT with eligible contractual price escalation.

44.1 The rates quoted by the Contractor must be inclusive of all taxes

prevailing on due date of bid submission except GST. However, any

subsequent changes in the tax structure by Government after due date of

bid submission will be compensated (+/-) on availability or submission of

actual documentation. Contractor will have to intimate Engineer

regarding changes occurred in the tax structure after bid submission. If

the contractor fails to provide such information and if any financial

obligation may arise due to change in tax structure, same will be

recovered from the contractor.

44.2 GST will be paid separately on the bills. Hence, it is the responsibility of

the contractor to pay the GST to the concerned Authority.

45. Currencies.

45.1 All payment shall be made in Indian Rupees.

46. Price Adjustment

46.1 Contract price shall be adjusted for increase or decrease in rates and

price of labour, materials, fuels and lubricants in accordance with the

following principles and procedures and as per formula given in the

(a) The price adjustment shall apply for the work done from the start

date given in the contract data up to end of the initial intended

completion date or extensions granted by the Engineer and shall not

apply to the work carried out beyond the stipulated time for reasons

attributable to the contractor.

(b) The price adjustment shall be determined during each month from

the formula given in the contract data.

(c) Following expressions and meanings during to the work done during

R = Total value of work done during the month. It would include the

amount of secured advance granted, if any, during the month less the

amount of secured advance recovered, if any during the month. It

will exclude value for works executed under variations for which price

adjustment will be worked separately based on the terms mutually

46.2 To the extent that full compensation for any rise or fall in costs to the

contractor is not covered by the provisions of this or other clause in the

contract, the unit rates and prices included in the contract shall be

deemed to include amounts to cover the contingency of such other rise or

47.1 The Employer shall retain from each payment due to Contractor the

proportion stated in the Contract Data until Completion of the whole of

47.2 On Completion of the whole of the Works half the total amount retained

47.2 On Completion of the whole of the Works half the total amount retained

is repaid to the Contractor and half when the Defects Liability Period has

passed and the Engineer has certified that all Defects notified by the

Engineer to the Contractor before the end of this period have been

47.3 On completion of the whole works, the contractor may substitute

retention money with an “on demand” Bank guarantee.

In case, Contractor requests for refund of the Retention Money

deducted by the Employer under the provision of this clause, Employer

shall consider the said request of the Contractor provided that the refund

hereunder shall be made in tranches of not less than 1% (One Percent) of

the Contract Price and Contractor furnishes an irrevocable and

unconditional Bank guarantee for an equal amount substantially in the

format of Bank Guarantee for Performance Guarantee enclosed with SBD

and valid up to 60 day beyond the scheduled / extended Defects Liability

Period. On completion of the whole works, the contractor has however

an option to submit a fresh irrevocable and unconditional Bank Guarantee

for an amount equal to 5% of the total value of work executed

substantially in the format of Bank Guarantee for Performance Guarantee

enclosed with SBD and valid up to 60 days beyond the Defect Liability

Period and yet refund the Retention Money Bank Guarantee submitted for

refund of Retention Money.

48. Liquidated Damages

48.1 The Contractor shall pay liquidated damages to the Employer at the rate

per day stated in the Contract Data for each day that the Completion

Date is later than the Intended Completion Date (for the whole works or

the milestone as stated in the contract data). The total amount of

the milestone as stated in the contract data). The total amount of

liquidated damages shall not exceed the amount defined in the Contract

Data. The Employer may deduct liquidated damages from payment due to

the Contractor. Payment of liquidated damages does not affect the

Contractor’s liabilities.

48.2 If the Intended Completion Date is extended after liquidated damages

have been paid, the Engineer shall correct any overpayment of liquidated

damages by the Contractor by adjusting the next payment certificate.

The Contractor shall not be entitled for any interest on the over payment

calculated from the date of payment to the date of repayment.

48.3 If the contractor fails to comply with the time for completion as

stipulated in the tender, then the contractor shall pay to the employer

the relevant sum stated in the Contract Data as Liquidated damages for

such default and not as penalty for everyday or part of day which shall

elapse between relevant time for completion and the date stated in the

taking over certificate of the whole of the works on the relevant section,

subject to the limit stated in the contract data.

The employer may, without prejudice to any other method of

recovery deduct the amount of such damages from any monies due or to

become due to the contractor. The payment or deduction of such

damages shall not relieve the contractor from his obligation to complete

the works on from any other of his obligations and liabilities under the

48.4 If, before the Time for Completion of the whole of the Works or, if

applicable any Section, a Taking Over Certificate has been issued for any

part of the Works or of a Section, the liquidated damages for delay in

completion of the remainder of the Works or of that Section shall, for

any period of delay after the date stated in such Taking-Over-Certificate,

and in the absence of alternative provisions in the Contract, be reduced

in the proportion which the value of the part so certified bears to the

value of the whole of the Works or Section, as applicable. The provisions

of this Sub-clause shall only apply to the rate of liquidated damages and

shall not affect the limit thereof.

50.1 If the contractor achieves completion of the whole of the works prior to

the intended Completion Date prescribed in Contract Data the Employer

shall pay to the contractor a sum stated in Contract Data as bonus for

every completed month but subjected to maximum amount as stated in

Contract Data; which shall elapse between the date of completion of all

items of works as stipulated in the contract, including variations ordered

by the Engineer and the time prescribed in Clause

50.2 Bonus shall be paid only to works amounting to above INR 5 crore with

time limit of the works is equal or more than 6 months. The bonus would

be paid as under

% of Time Saved % of Initial Contract Price

entitled for Bonus

Less than 10% 0%

51. Advance Payment.

51.1 The Employer shall make advance payment (not to be paid less than

two installments except in special circumstances for which the reason to

be Recorded in writing) to the Contractor of the amounts stated in the

Contract Date by the date stated in the Contract Date, against provision

by the Contactor of an Unconditional Bank Guarantee in a form and by a

bank acceptable to the Employer in amounts and currencies equal to be

at least 110% of the advance payment. The guarantee shall remain

effective until the advance payment has been repaid, but the amount of the

guarantee shall be progressively reduced by the amounts repaid by the

Contractor. The Mobilization advance would be deemed as interest bearing

advance at an interest rate of 10 % to be compounded, quarterly.

51.2 The Contractor is to use the advance payment only to pay for

Equipment, plant and Mobilization expenses required specifically for

execution of the Works. The Contractor shall demonstrate that advance

payment has been used in this way by supplying copies of invoices or

other documents to the engineer.

51.3 The advance payment shall be repaid by deduction proportionate

amount from payments otherwise due to the Contractor, following the

schedule of completed percentages of the Works on a payment basis. No

account shall be taken of the advance payment or its repayment in

assessing valuations of work done, variations, price adjustments,

Compensation Events, or Liquidated damages.

52.1 The performance Security (including additional security for unbalanced

bids) shall be provided to the Employer no later than the date specified

in the Letter of Acceptance and shall be issued in an amount and form

and by a bank or surety acceptable to the Employer, and denominated in

Indian Rupees. The performance Security shall be valid until a date

days from the date of expiry of Defects Liability Period and the additional

security for unbalanced bids shall be valid until a date 28 days from the

date of issue of the certificate of completion.

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the Works

between the Start date and the end of Defects Correction periods shall

be remedied by the Contractor at the Contractor’s cost if the loss or

damages arises from the Contractor’s acts or omissions.

E. FINISHING THE CONTRACT

55.1 The Contractor shall request the Engineer to issue a Certificate of

Completion of the works and the Engineer will do so upon deciding that

the work is completed.

56. Taking Over

56.1 The Employer shall take over the Site and the Works within seven days of

the Engineer issuing a certificate of Completion.

57. Final Account

57.1 The Contractor shall supply to the Engineer a detailed final account of

the total amount that the Contractor considers payable as full and final

the total amount that the Contractor considers payable as full and final

settlement of all claims under the Contract for items before the end of

the Defects Liability Period. The Engineer shall issue a Defect Liability

Certificate and certify any final payment that is due to the Contractor

within 56 days of receiving the Contractor's account if it is correct and

complete. If it is not, the Engineer shall issue within 56 days a schedule

that states the scope of the corrections or additions that are necessary. If

the Final Account is still unsatisfactory after it has been resubmitted, the

Engineer shall decide on the amount payable to the Contractor and issue

a payment certificate, within 56 days of receiving the Contractor’s

revised account.

57.2 If reversal in characteristic of tender (L1 becoming L2) on account of

excesses and savings in final account is observed, the Engineer/Employer

shall be at liberty to restrict the final payment of BOQ items to the

lowest amount evaluated of the bids considering the final quantities and

the rates quoted including the rebates if any. Payment of variation items

shall however be made at the rates approved by the Employer, within

days from the physical completion of work.

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and/or operating and maintenance manuals are

required, the Contractor shall supply them by the dates stated in the

58.2 If the Contractor does not supply the Drawings and/or manuals by the

dates stated in the Contract data, or they do not receive the Engineer’s

approval, the Engineer shall withhold the amount stated in the Contract

Data from payments due to the Contractor.

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the other

party causes a fundamental breach of the Contract.

59.2 Fundamental breaches of Contract include, but shall not be limited to

1. The contractor stops work for 28 days when no stoppage of work is

shown on the current programme and the stoppage has not been

authorized by the Engineer

2. The Engineer instructs the Contractor to delay the progress of the

Works and the instructions is not withdrawn within 28 days;

3. The Employer or the Contractor is made bankrupt or goes into

liquidation other than for a reconstructions or amalgamation

4. A payment certified by the Engineer is not paid by the Employer to

the Contractor within 56 days of the date of the Engineer’s certificate

5. The Engineer gives Notice that failure to correct a particular Defect is

a fundamental breach of Contract and the Contractor fails to correct

it within a reasonable period of time determined by the Engineer;

6. The Contractor does not maintain a security which is required;

7. The Contractor has delayed the completion of works by the number of

days for which the maximum amount of liquidated damages can be

paid as defined in the Contract data; and

8. If the Contractor, in the judgment of the Employer has engaged in

corrupt or fraudulent practices in competing for or in executing the

For the purpose of this paragraph: “corrupt practice” means the

offering, giving, receiving or soliciting of anything of value to influence

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

execution. “Fraudulent practice” means a misrepresentation of facts in

order to influence a procurement process or the execution of a contract

to the detriment of the borrower, and includes collusive practice among

Bidders (prior to or after bid submission) designed to establish bid prices

at artificial non-competitive levels and to deprive the Borrower of the

benefits of free and open competition.

59.3 When either party to the Contract gives notice of a breach of contract to

the Engineer for a cause other than those listed under Sub Clause

above, the Engineer shall decide whether the breach is fundamental or

59.4 Notwithstanding the above, the employer may terminate the Contract for

60. Payment upon Termination

60.1 If the Contract is terminated because of a fundamental breach of

Contract by the Contractor, the Engineer shall issue a Certificate for the

value of the work done less advance payments received up to the

date of the issue of the certificate, less other recoveries due in terms of

the contract, less taxes due to deducted at source as per applicable law and

less the percentage to apply to the work not completed as indicated in the

Contract data. Additional Liquidated Damages shall not apply. If the total

amount due to the Employer exceeds any payment due to the Contractor the

difference shall be a debt payable to the Employer.

60.2 If the Contract is terminated at the Employer’s convenience or because

of a fundamental breach of Contract by the Employer, the Engineer shall

issue a certificate for the value of the work done, the cost of balance

material brought by the contractor and available at site, the reasonable

cost of removal of equipment, repatriation of the Contractor’s personnel

employed solely on the works, and the Contractor’s cost of protecting

and securing the Works and less advance payment received up to the

date of the certificate, less other recoveries due in terms of the contract

and less taxes due to deducted at source as per applicable law.

61.1 All materials on the Site, Plant Equipment’s, Temporary Works and Works

are deemed to be property of the Employer, if the Contract is terminated

because of a Contractor’s default.

62. Release from Performance

62.1 If the Contract is frustrated by the outbreak of war of by any other event

entirely outside the control of either the Employer or the Contractor the

Engineer shall certify that the Contract has been frustrated. The

Contractor shall make the Site safe and stop work as quickly as possible

after receiving this certificate and shall be paid for all work carried out

before receiving it and for any work carried out afterwards to which

commitment was made.

F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract,

make his own arrangements for the engagement of all staff and labour,

local or other, and for their payment of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the

Engineer a return in detail, in such form and at such intervals as the

Engineer may prescribe, showing the staff and the numbers of the several

classes of labour from time to time employed by the Contractor on the

site and such other information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub-

contractor shall abide at all times by all existing labour enactments and

rules made thereunder, regulations, notification and bye laws of the

State or central Government or local authority and any other labour law

(including rules), regulations, bye laws that may be passed or

notifications that may be issued under any labour law in future either by

the State or the Central Government or the local authority. Salient

features of some of the major labour laws that are applicable to the

construction industry are given below. The Contractor shall keep the

Employer indemnified in case any action is taken against the Employer by

the competent authority on account of contravention of any of the

provisions of any Act or rules made thereunder, regulations or

notifications including amendments. If the Employer is caused to pay or

reimburse, such amounts as may be necessary to cause or observe, or for

observance of the provisions stipulated in the notifications/bye

laws/Acts/Rules/regulations including amendments, if any, on the part of

the Contractor, the Engineer/employer shall have the right to deduct any

money due to the Contractor including his amount of performance

security. The Employer/Engineer shall also have the right to recover from

the Contractor any sum required or estimated to be required for making

good the loss or damage suffered by the Employer.

The employees of the Contractor and the Sub-Contractor in no case

shall be treated as the employees of the Employer at any point to

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE

TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS

A) Workmen Compensation Act 1923 :- The Act provides for compensation in

case of injury by accident arising out of and during the course of

B) Payment of Gratuity Act. 1972 :- Gratuity is payable to an employee under

the Act on satisfaction of certain conditions on separation if an employee

has completed 5 years service or more on death, the rate of 15 days wages

for every completed year of service. The Act is applicable to all

establishments employing 10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952:- The Act Provides

for monthly contributions by the employer plus workers @ 10% or 8.33% The

benefits payable under the Act are :

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance on the death in harness of the worker.

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951 :- The Act provides for leave and some other

benefits to women employees in case of confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970 : The Act provides for

certain welfare measures to be provided by the Contractor to contract

labour and in case the Contractor fails to provide, the same are required to

be provided, by the Principal Employer by Law. The principal Employer is

required to take Certificate of Registration and the Contractor is required to

take license from the designated Officer. The Act is applicable to the

establishments or Contractor of Principal Employer, if they employ 20 or

more contract labour.

F) Minimum Wages Act 1948 :- The Employer is supposed to pay not less than

the Minimum Wages fixed by appropriate Government as per provisions of

the Act, if the employment is a scheduled employment. Construction of

Building, Roads, Runways are scheduled employment.

G) Payments of wages Act 1936:- It lays down as to by what date the wages

are to be paid, when it will be paid and what deductions can be made from

the wages of the workers.

H) Equal remunerations Act 1979 :- The Act provides for payment of equal

wages for work of equal nature to Male and Female workers and for not

making discrimination against female employees in the matter of transfer,

training and promotions etc.

I) Payments of Bonus Act 1965 :- The Act is applicable to all establishments

employing 20 or more employees. The Act provides for payments of annual

bonus subject to a minimum of 8.33% of wages and maximum of 20 % of

wages to employees drawing Rs. 3500/- per month or less. The bonus to be

paid to employees getting Rs, 2500/- per month or above Rs. 3500/- per

month shall be worked out by taking wages as Rs. 2500/- per month

only. The Act does not apply to certain establishments. The newly set-up

establishments are exempted for five years in certain circumstances. Some

of the State Governments have reduced the employment size from 20 to

for the purpose of applicability of this Act.

J) Industrial Disputes Act 1947 :- The Act lays down the machinery and

procedure for resolutions of Industrial disputes, in what situations a strike

or lock-out becomes illegal and what are the requirements for laying off or

retrenching the employees or closing down the establishment.

K) Industrial employment (standing Orders) Act 1946 :- It is applicable to all

establishments employing 100 or more workmen (employment size reduced

by some of the State and Central Government to 50). The Act provides for

laying down rules governing the conditions of employment by the Employer

on matters provided in the Act and get the same certified by the

designated Authority.

L) Trade Unions Act 1926:- The Act lays the procedure for registration of

trade unions of workmen and employers. The Trade Unions registered under

the Act have given certain immunities from civil and criminal liabilities.

M) Child Labour (Prohibition & Regulation Act 1986 :- The Act prohibits

employment of children below 14 years of age in certain occupations and

process and provides for regulation of employment of children in all other

occupations and processes. Employment of Child labour is prohibited in

Building and Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions

of service) Act 1979:- The Act is applicable to an establishment which

employs 5 or more inter-state migrant workmen through an intermediary

(who has recruited workmen in one state for employment in the

establishment situated in another state).The inter-state migrant workmen,

is an establishment to which this Act becomes applicable, are required to

be provided certain facilities such as housing, medical aid, traveling

expenses from home upto the establishment and back, etc.

O) The Building and Other Construction workers (Regulation of

employment and Conditions of Service) Act 1996 and the Cess Act of

1996:- All the establishments who carry on any building or other

constructions work and employ 10 or more workers are covered under this

All such establishments are required to pay cess at the rate not exceeding

2% of the cost of construction as may be modified by the government. The

Employer of the establishment is required to provide safety measures at the

Building or construction work and other welfare measures, such as

canteens, First Aid facilities, Ambulance, Housing accommodations for

workers near the workplace etc. The Employer to whom the Act applies has

to obtain a registration certificate from the Registering Officers appointed

by the Government.

P) Factories Act 1948 :- The Act lays down the procedure for approval of

plans before setting up a factory, health and safety provisions, welfare

provisions, working hours, annual earned leave and rendering information

regarding accidents or dangerous occurrences to designated authorities. It

is applicable to premises employing 10 persons or more with aid of power or

20 or more persons without the aid of power engaged in the manufacturing

Q) Royalty charges-The contractor shall pay the royalty to the competent

authority as per rule. The royalty charges paid shall be borne by the

contractor and shall not be reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof from

time to time shall be applicable.

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management

plan for best energy use, waste management, the reduction of pollution as

in EMS (Environmental Management system) ISO-14001-

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

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

either outside the authority given to the Engineer by the Contract or that

the decision was wrongly taken, the decision shall be referred to #Chief

Officer (Higher Authority) within 14 days of the notification of the

Engineer's decision. If the issue is not resolved, any party can refer the

matter for conciliation within 15 days from the decision given by the

#Superintending Engineer.

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

with the decision of the #Superintending Engineer, both the parties

have to refer to the #Chief Engineer concerned for the conciliation

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

satisfied with the decision of the Superintending Engineer, both

parties have to refer to the #Secretary, Roads & Building Department,

Government of Gujarat for the conciliation process.

If the dispute is not resolved through the conciliation process,

contractor may refer the dispute to Gujarat Public Works Contract

Dispute Arbitration Tribunal. If the Contractor fails to refer a claim /

dispute to the Higher Authority within 14 days of the notification of

the Engineer's decision, the Contractor shall not be entitled to any

additional payment/claim if he doesn’t follow the above sequence in

stipulated time. However, during such period, he would not stop the

work in any case.

With respect to

Item marked “N/A” do not apply to this Contract. section

1. The Employers is Botad Nagarpalika Botad [CL.1.1]

Name: Chief Officer,

Address: Botad Nagarpalika, Botad.

Name of authorized Representative (will be intimated later)

2. The Engineer is Botad Nagarpalika

Name of Authorized Representative: Botad Nagarpalika

3. The Defects Liability Period & O & M o f M a t e r i a l is 5 [CL.1.1&33]

(Five) years from the date of completion.

4. The Start Date shall be 1st days for the date of issue of the [CL.1.1]

Notice to proceed with the work.

5. The Intended Completion Date for the whole of the [CL.1.1,17&2]

………… Months after start of work with the following [CL.2.2& 49.1]

milestones: Milestone dates:

Physical works to be completed Period from the start

date Milestone 1 i.e. ...................... .…… % days.

Milestone 2 i.e. …..... % ................. days.

Milestone 3 i.e. ……..% ................... days.

Milestone 4 i.e. ……..% ................... days.

6. The Site is located at Juridction of Botad Nagarpalika, Botad [CL.1.1]

7. The name and identification number of the Contract is: [CL.1.1]

8. The works consist of ....................... with items as per [CL.1.1]

B.O.Q. The works shall, inter alia, include the

following, as Specified or as directed:

Site clearance; setting – out and layout; widening of existing

carriageway and strengthening including camber corrections;

construction of new road/ Parallel service road; bituminous

pavements remodeling/construction of Junctions, intersections, bus

bays, lay-bays; supplying and placing of drainage Channels, flumes,

guard posts and guard other related items; construction/extension

of cross drainage works, bridge, approaches and other related

stones; protective works for roads/bridge; all aspects of quality

assurance of various components of the works; rectification of The

defects in the completed works during the Defects Liability Period;

submission of “As- built’’ drawings and any other related

documents; and other item of work as may be required to be

carried out for completing the work in accordance with the

drawings and the provisions of the contract and to ensure safety.

(B) Bridge Works

Site clearance; setting out, provision of foundations, piers

abutments and bearing; prestressed/reinforced cement concrete

superstructure; wearing coat, hand railings, expansion joints,

approach slabs, drainages spouts/ down take pipes, arrangements

for fixing light posts, water mains, utilities etc; provision of

suitably designed protective works; providing wing/return walls;

provision of road markings, road signs etc.; all aspects of quality

assurance; clearing the site and handing over the works on

completion; rectification of the defects during the Defects Liability

Period and submission of “As-built” drawings and other related

documents; and other items of work as may be required to be

carried out for completing the works in accordance with the

drawings and the provisions of the contract and to Insure safety [CL.1.1]

(C) Other Items & Buildings

Any Other Items as required to fulfill all contractual obligations as per

the Bid documents.

10. The following documents also form part of the Contract:

As per clause 2-3

11. The law which applies to the Contract is the law of Union of India [CL.3.1]

12. The language of the Contract documents is English [CL.3.1]

13. Limit of subcontracting 25% of the Initial Contract Price [CL.7.1]

14. The Schedule of Other Contractors [CL.8]

15. The Schedule of Key Personnel As per Annex – II to Section I [CL.9]

16. The minimum insurance cover for physical property, injury and [CL13]

death is Rs. 5 lakhs per occurrence with the number of

occurrences limited to four. After each occurrence, the contractor

will pay an additional premium necessary to make insurance valid

for four occurrences always.

17. Site Investigation report [CL.14]

18. The Site Possession dates shall be 1st day from issue of work order. [CL.21]

19. The period for submission of programme for approval of the [CL. 27.1]

engineer shall be 21 days from the issue of Letter of Acceptance.

20. The period between program updates will be …….. days. [CL.27.3]

21. The amount to be withheld for late submission of an updated programme

shall be Rs. Lakhs

22. The following events shall also be Compensation Events

Substantially adverse ground conditions encountered during the course of

execution of work not provided for in the bidding document.

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring additional

mobilization by the contractor, e.g. ordinary soil to rock excavation,

(iii) Removal of unsuitable material like marsh, debris

(v)Seepage, erosion landslide

River training requiring protection of permanent work

Presence of historical, archeological or religious

structures, monuments interfering with the works

(viii) Restriction of access to ground imposed by civil,

judicial, or military authority

23. The currency of the Contract is Indian Rupees [CL. 46]

24. The formula (e) for adjustment of prices are as under:

 If any of the commodities like Cement, Steel or Bitumen are not found applicable

in a work, the weight component of that commodities {i.e. ‘Cement’ (Pc), ‘Steel’

(Ps) or ‘Bitumen' (Pb) as indicated in SBD for the purpose of Price Adjustment}

shall be clubbed with the weight component of ‘Other Material’ (Pm), such that

the gross % weight of the components shall remain as 100% .

R = value of work as defined in Clause 47.1 of Conditions of Contract

Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost due to labour shall

be paid in accordance with the following formula:

VL = Increase or decrease in the cost of work during the month under

consideration due to changes in rates for local labour

L0 =The consumer price index for industrial workers for the State on 28 days

preceding the scheduled date of opening of technical Bids as published

by Labour Bureau, Ministry of Labour, Government of India

Li = The consumer price index for industrial workers for the State for the

month under consideration as published by the Labour Bureau, Ministry

of Labour, Government of India.

Pl = Percentage of labor component of the work.

Adjustment for cement component.

(ii) Prices adjustment for increase or decrease in the cost of cement

procured by the contractor

C0 = The all India wholesale price index for Ordinary Portland Cement on

28 days preceding the scheduled date of opening of technical bid

as published by the Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade, Ministry of Commerce &

Ci = The all India average wholesale price index for Ordinary

Portland Cement for the month under consideration as

published by Office of the Economic Adviser,

Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Pc = Percentage of cement component of the work

Adjustment for steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured

by the contractor shall be paid in accordance with the following formula

Vs= Increase or decrease in the cost of work during the month under

consideration due to changes in the rates for steel

So= The all India wholesale price index for steel (Mild Steel - Long Products

Rebars) on 28 days preceding the date of opening of Bids as published by

the Office of the Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce & Industry.

Si= The all India average wholesale price index for steel (Mild Steel - Long

Products Rebars) for the month under consideration as published by

Office of the Economic Adviser, Department for Promotion of Industry

and Internal Trade, Ministry of Commerce & Industry.

Ps = Percentage of steel component of the work

Note : For the application of this clause, the index of Mild Steel- Long

products Rebars has been chosen to represent the steel group.

Adjustments of bitumen component

(iv) Price adjustment for increase in the cost of bitumen shall be

paid in accordance with the following formula

Vb = Increase or decrease in the cost of work during the month

under consideration due to changes in rates for bitumen.

Bo = The official retail price of bitumen at the IOC depot at the

nearest centre on the day 28 days prior to the scheduled date of

opening of technical bid.

Bi = The official retail price of bitumen of IOC depot at the

nearest centre for the 15th day of the month under consideration.

Pb = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

(v) Price adjustment for increase or decrease in cost of POL (fuel and

lubricant) shall be paid in accordance with the following formula

Vf = Increase or decrease in the cost of work during the month

under consideration due to changes in rates for fuel and

Fo = The official retail price of High Speed Diesel (HSD) at the

existing consumer pumps of IOC at the nearest centre on the day

28 prior to the date of opening of Bids.

Fi = The official retail price of HSD at the existing consumer

pumps of IOC at the nearest centre for the 15th day of the month

of the under consideration.

Pf = Percentage of fuel and lubricants component of the work

Note: For the application of this clause, the price of High-Speed diesel

Oil has been chosen to represent the fuel and lubricants group.

Adjustment for Construction Machinery

(vi) Price adjustment for increase or decrease in the cost of plant and

Machinery spare procured by the Contractor shall be paid in

accordance with the following formula

Vp= Increase or decrease in the cost of work during the month

under consideration due to changes in rates for plant and

machinery spares

P0 = The all India wholesale price index for manufacturer of

machinery for mining, quarrying and Construction for the month

under consideration as published Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Pi = The all India average wholesale price index for manufacturer

of machinery for mining, quarrying and Construction for the

month under consideration as published Office of the Economic

Adviser, Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Pp = Percentage of plant and machinery spares component of the work.

Note: For the application of this clause, index of Heavy Machinery and

parts has been chosen to represent the Plant and Machinery Spares

Adjustment of other materials Component

(vii) Price adjustment for increase or decrease in cost of local materials

other than cement, steel, bitumen and POL procured by the

contractor shall be paid in accordance with the following formula

Vm = Increase or decrease in the cost of work during the month

under consideration due to change in rates for local materials

other than cement, steel, bitumen and POL.

M0 = The All Indian wholesale price index (all commodities) on

days preceding the scheduled date of opening of technical Bids, as

published by the Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade, Ministry of Commerce

Mi= The All India wholesale price index (all commodities) for the

month under consideration as published by the Office of the

Economic Adviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

Pm = Percentage of local material components (other than

cement, steel, bitumen and POL) of the work.

The following percentage will govern the price adjustment for

the entire contract:

1. Labour -Pl 24.29 .%

2. Cement – Pc 28.96 %

3. Steel - Ps 15.63 %

4. Bitumen - Pb 0.00 %

6. Plant & Machinery Spares Pp 16.19%

7. Other Materials - Pm 9.99 %

25. The proportion of payments retained (retention money) shall be 6% {CL.

48} from each bill subject to a maximum of 5% of final contract price.

26. Amount of Liquidated damages for For Whole of work {CL.49}

delay in completion of works (1/2000)thof the Initial

price, rounded off to the nearest

Thousand, per day. For sectional

Completion (wherever specified In

item 6 of Contract data) (1/2000)th

of initial contract price for #5 km

Section, rounded off to the nearest

thousand per day.

27. Maximum limit of liquidated damages 10 percent of the Initial {CL. 49}

For delay in completion work Contract Price rounded off to

the nearest thousand

28. Amount of Bonus for early completion Amount of bonus for early

completion of work shall be

given as per CL.50 of Section-3

29. Maximum limit of bonus for early 5 percent of the Contract {CL.

50} Completion of work Price

30. The amount of the advance payment are: {CL. 51 & 52}

#Nature of Advances Amount (Rs.) Conditions to

i Mobilization 10% of the contract On submission of

unconditional Price Bank Guarantee. (to be

before the end of 20% of the

contract period). The

contractor may furnish four

bank guarantees of 2.5 % of

each valid for the full period.

Ii Equipment 90% for new and 50% of After equipment is brought to

depreciated value for site (provided the Engineer is

old equipment. Total satisfied That the equipment is

amount will be subject required for performance of the

to a maximum of 5% of contract) and on submission of

the Contract Price unconditional Bank Guarantee

for amount of advance

iii Secured Deleted

(The advance payment will be paid to the Contractor no later than

days after fulfillment of the above conditions).

31. Repayment of advance payment for mobilization and equipment {CL. 51.3}

The advance loan shall be repaid with percentage deduction from the

interim payments certified by the Engineer under the Contract. Deduction

shall commence in the next Interim Payment Certificate following that in

total of all such payments to the Contractor has reached not less than

percent of the Contract Price or 6 (six) months from the date of payment of

first installment of advance, whichever period concludes earlier, and shall

be made at the rate of 20 percent (collectively for both Mobilization

Advance and Equipment Advance) of the amounts of all Interim Payment

Certificate until such time as the loan has been repaid, always provided that

the loan shall be completely repaid prior to the expiry of the original time

for completion pursuant to Clause 17 and

33. The securities shall be for the following minimum amounts equivalent {CL.

52} As a percentage of the Contract Price:

Performance Security for 5 percent of contract price plus Rs. .........(to

Be decided after evaluation of the bid) as additional security in terms of ITB

The standard form of Performance security acceptable to the Employer shall

be an unconditional Bank Guarantee of the type as presented in Section 8 of

the Bidding Documents.

34. The Schedule of Operating and maintenance Manuals…..N/A. {CL. 58}

35. The date by which “as– built” drawings (in scale as directed) in 2 sets {CL.

58} are required within 28 days of the issue of certificate of completion of

the whole or section of the work, as the case may be.

36. The amount to be withheld for failing to supply “as built” drawings {CL.

58}by the Date required is Rs Lakhs.

37. The following events shall also be fundamentals breach of contract:

{CL.59.2} “The Contractor has contravened Sub- clause 7.1 and Clause 9 of

38. The percentage to apply the value of the work not completed

representing{Cl 60}the Employer’s additional cost for completing the Works

shall be 20 per cent.

TECHNICAL SPECIFICATION

TECHNICAL SPECIFICATIONS

DETAILED TECHINICAL SPECIFICATION AS PER TECHNICAL SPECIFICATION BOOKLET

OF R&B ELECTRICAL WORK

PAYMENT OF EACH ITEM AS PER SCHEDULE: B QUANTITY & RATE.

Description of the Works:

1. We offer to execute the Works described above and remedy any defects therein

in conformity with the conditions of Contract, specification, drawings, Bill of

Quantities and Addenda for the sum (s) of

2. We undertake, if our Bid is accepted, to commence the Works as soon as is

reasonably possible after the receipt of the Engineer’s notice to commence,

and to complete the whole of the Works in the Contact within the time stated

in the document.

3. We agree to abide by this Bid for the period of 120 Days from the date fixed for

receiving the same, and it shall remain binding upon it and may be accepted at

any time before the expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid,

together with your written acceptance thereof, shall constitute a binding

contract between us.

5. We understand that you are not bound to accept the lowest or any tender you

------- duly authorized to sign bids for and on behalf of -------------------------------

(in block capitals or typed)

BILL OF QUANTITIES

BILL OF QUANTITIES

1. The bill of Quantities shall be read in conjunction with the Instructions to

Bidder, Conditions of Contract, Technical Specifications and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional,

and are given to provide a common basis for bidding. The basis of payment

will be the actual quantities of work ordered and carried out, as measured

by the Contractor and verified by the Engineer and valued at the rates and

prices tendered in the priced Bill of Quantities, where applicable, and

otherwise at such rates and prices as the Engineer may fix within the terms

of the Contract.

3. The rates and prices tendered in the priced Bill of Quantities shall, except in

so far as it is otherwise provided under the Contract, include all

constructional plant, layout, supervision, materials, erection, maintenance,

insurance, profit, taxes and duties, together with all general risks, liabilities

and obligations set out or implied in the Contract.

4. The rates and prices shall be quoted entirely in Indian Currency.

5. A rate or prices shall be entered against each item in the Bill Quantities,

whether quantities are stated or not. The cost of Items against which

Contractor has failed to enter a rate or price shall be deemed to be covered

by other rates and prices entered in the Bill of Quantities (in case of Item

rate contract).

6. The whole cost of complying with the provisions of the Contract shall be

included in the items provided in the priced Bill of Quantities, and where no

Items are provided the cost shall be deemed to be distributed among the

rates and prices entered for the related items of Work.

7. General direction and descriptions of work and materials are not necessarily

repeated or summarized in the Bill of Quantities. References to the relevant

sections of the contract documentation shall be made before entering rates

or prices against each item in the Bill of Quantities.

8. The method of completed work of payment shall be in accordance with the

specification for Road and Bridge works. For building works specifications for

building are to be followed.

9. Errors will be corrected by the Employer for any arithmetic errors pursuant

to Clause 29 of the Instructions to Bidder.

10. Rock is defined as all materials which, in the opinion of the Engineer,

required blasting, or the use of metal wedges and sledgehammers, or the

use of compressed air drilling for its removal, and which cannot be extracted

by ripping with a tractor of at least 50 kw with a single rear mounted heavy

BOTAD NAGARPALIKA

Bid Documents of Electrification work for Windrow wet waste Processing Plant for SWM under

SBM 1 Grant for Botad Nagarpalika (2nd Attempt)

Item Quantity Rate Per Amount

Point wiring for Light / Bell with 2-1.5 sq.mm & earth wire

of 1.5 sq.mm (Green) both are of ISI marked 1.1 KV grade

FRLS PVC insulated multi strand copper wires up to 10 mtr

length , in below type of pipe erected with 6A Modular type

switch / bell push & accessories and earth continuity of

following type, erected on PVC / Metallic/Wooden box, single

mounting base frame covered with textured/metallic/white

front plate modules erected on / in wall / ceiling as per pipe

erected, with necessary Lamp holder/ceiling rose /

H.D.Connector as directed.

(a) with medium class Rigid PVC pipe and accessories erected

flushed on wall/ceiling complete Cat - III

Point wiring for FAN with 2-1.5 sq.mm & earth wire of

sq.mm (Green) both are of .ISI marked 1.1 KV Grade FRLS

PVC insulated multi strand copper wires up to 10 mtr length,

in below type of pipe erected with 6A Modular type switch

and hum free EME step type electronic fan regulator

mounted and accessories with earth continuity of following

type erected on PVC / Metallic/Wooden box, single mounting 2.00 539.34 Ea

base frame covered with textured/metallic/white front

plate modules erected on / in wall / ceiling as per pipe

erected. with necessary ceiling rose / H.D.Connector as

(a) with medium class Rigid PVC pipe and accessories erected

flushed on wall/ceiling complete Cat - III

Point wiring for on board Looped Plug with 6A Modular type

switch & 5 pin socket erected on PVC / Metallic/Wooden box,

single mounting base frame covered with textured /

metallic/white front plate modules erected on / in wall /

ceiling with following type accessories

Providing and erecting Mains with 1.1 KV grade FRLS PVC

insulated ISI marked stranded Copper conductor wire in

following type of pipe to be erected concealed in /flushed

on wall/ceiling, with 1.5 sq. mm copper conductor FRLS PVC 150.00 72.72 Mtrs.

insulated stranded wire of green colour for earth continuity

of following size (A) With medium class Rigid PVC pipe and

accessories, (b) 2 wire 2.5 sq. mm

Supplying and erecting approved make Octagonal pole made

from HR sheet steel. The pole should be made as per IS. and

shall be coated with hot dip galvanizing as per IS

2629/2633/4759, suitable suspend local wind speed with

integral Junction box consist of terminal plate of min 6mm

Hylam sheet, standard profile 35mmX7.5mm Din-Rail for MCB

Mounting, stud type terminal and arrangement for cable 35.00 5273.21 Ea

termination to be erected With Suitable foundation

(Included) as per details given by manufacturer considering

site requirement. (B) 4 Mtr. Long 70 mm Top X 130 mm

bottom dia, 3 mm thickness with 200mmX200mmX12mm base

plate, 4-M16 Bolts and 450mm long with necessary G.I. J

Bolts. Approx weight 37 kg

Supplying and erecting street light pole bracket comprising

main B Class MS pipe of 4.2 cm/require outside dia. complete

with suitable B Class M.S. sleeve tubing of approx.

45cms.length and suitable for 76.5mm/80mm or require size

pole top having sufficient fasteners for fixing the brackets

and having suitable rise as per site condition as directed and

spread of 2 mtr. with suitable welded stiffener reducer and

with lock nut complete painted with one coat of Red oxide /

PU base primer and two coats of Aluminium / PU paint.

Suitable for side entry fitting brackets of following nos of

arms. (A) Single Arm bracket 2 Mtr

Supplying and erecting Flexible PVC insulated multi strand

multi core 1.1 kv grade ISI marked copper wires of following

size to be erected as directed.

(e) 1.50 Sq.mm 3 core round PVC sheathed

Supplying and erecting LED indoor fittings with LEDs of

wattage 0.2 Watt to 0.5 Watt assembled on single MCPCB,

with housing used as a heat sink shall be made of thick sheet

Steel conforming to IS: 513/CRCA/ aluminium die cast

powder coated and high U.V. & corrosion resistance with

diffuser with company mark/name 160V to 270V, Power

Factor more than 0.95, THD < 15%, CCT 3000 K to 6500K,

Luminaire efficacy> 85 lumens/watt ,LED LED driver 8.00 269.67 Ea

efficiency > 85 % ( fitting required LM-79 & LM-80

Certificates)(NOTE: Below description have shown ranges of

Wattage capacity of LED fittings. The Engineer in charge may

select any wattage capacity between the ranges shown.)

(A) Tube Light with integral driver

(iii) 18-20 Watts, Surge - 2KV,IP-20, conventional 4 feet Cat -

Providing and erecting XLPE(IS:7098)(I)-88 ISI armoured cable

multistrand Aluminium conductor for 1.1 KV. to be laid on

wall with necessary clamps or in existing trench / pipe of 440.00 350.47 Mtrs.

following size of cables

(D) 3 1/2 core 70 Sq. mm ( 35 Sq. mm 1/2 core)

Providing and erecting XLPE (IS:7098)(I)-88 ISI armoured cable

multistrand / Solid Aluminium conductor for 1.1 KV. to be

laid on wall with necessary clamps or in existing trench / 550.00 112.11 Mtrs.

pipe of following size of cables

(B) 4 core 6 Sq. mm

Supplying & erecting earth pit of minimum bore dia.150mm

size approved make Earthing Electrode consisting Pipe-in-Pipe

Technology as per IS 3043-1987 made of corrosion free

G.I.Pipes having Outer pipe dia of 50mm having 80-200

Micron galvanising, Inner pipe dia of 25 mm having 200-250

Micron galvanising, connection terminal dia of 12mm with 8.00 5842.85 Nos.

constant ohmic value surrounded by highly conductive

compound with high charge dissipation suitable for following

type of applications. (a) For Electrical Installation up to 440V

in normal soil Length of pipe - 1 Mtr Back filling compound -

Nos Bag of 15 Kg.

Making trench in Hard Murrum / Tar Road of suitable width of

90 cms or required depth for laying any size of cable or

locating the fault all over the run and back filling the same

and making the surface as normal ground.

Providing & laying approved make Double walled corrugated

pipes (DWC) of polyethylene (conforming to IS 14930 II ) with

necessary connecting accessories of same material at

required depth for laying of cable. below ground / road

surface for enclosing cable and back filling the same to make

ground as per original. (A) 50 mm dia

Providing and, fixing heavy duty flange type brass cable gland

with rubber ring for PVC insulated armoured cable complete

with out going tails, insulating tape etc for following size of

cables. (b) 2 to 4 core 6 Sq. mm

Solderless crimping type Aluminium lugs conforming to IS

suitable for cable of following size evenly crimped with high

pressure tool & connected to switchgear terminals with 280.00 6.06 Nos.

brass/cadmium plated nut bolts in an approved manner.

Supplying and erecting LED street light / Flood light fittings

with High power White LEDs wattage of 3 Watt and above

assembled on single MCPCB, efficiency more than 130 lm/w

and corrosion free High pressure die cast aluminum housing

with smooth finish powder coated and heat sink extruded

aluminium with diffuser and Polycarbonate optics/ lenses,

with toughened glass with company mark/name engraved or

embossed 160 to 270 V, Power Factor more than 0.95, THD <

10 %, CCT 3000 K to 5700K,Uniformity ratio >0.45, Luminaire 30.00 8282.00 Ea

efficacy> 100 lumens/watt . LED driver efficiency > 85 %.(

fittings required LM-79 & LM-80 certificates)(NOTE: Below

description have shown ranges of Wattage capacity of LED

fittings. The Engineer in charge may select any wattage

capacity between the ranges shown.)

(B) Flood Light (IP-65), Surge protection -4KV integral and

,Light must have 440VAC line supply with over-voltage

protection. (v) above 120 to 160 watts Cat - III

Supplying and erecting LED street light / Flood light fittings

with High power White LEDs wattage of 3 Watt and above

assembled on single MCPCB, efficiency more than 130 lm/w

and corrosion free High pressure die cast aluminum housing

with smooth finish powder coated and heat sink extruded

aluminium with diffuser and Polycarbonate optics/ lenses,

with toughened glass with company mark/name engraved or

embossed 160 to 270 V, Power Factor more than 0.95, THD <

10 %, CCT 3000 K to 5700K,Uniformity ratio >0.45, Luminaire 35.00 4825.78 Ea.

efficacy> 100 lumens/watt . LED driver efficiency > 85 %.(

fittings required LM-79 & LM-80 certificates)(NOTE: Below

description have shown ranges of Wattage capacity of LED

fittings. The Engineer in charge may select any wattage

capacity between the ranges shown.)

(A) Street Light (IP-65), Surge protection -4KV integral and

,Light must have 440VAC line supply with over-voltage

protection. (iI) above 48 to 60 Watts Cat - III

Supplying & erecting approved make SMC press moulded

composite FRP. loop-in, loop-out approx. 2mm thick box

complete with bakelite connector strip 4way & hinged doors

having locking arrangements with mounting clamp with nuts, 35.00 515.10 Nos.

bolts & washers suitable for erection on pole with cable

clamps& earth bolt of following size of box.

(B) 250mm x 200mm x 100mm [deep]

Supplying and erecting B class Galvanized iron pipe having

smooth finished bore of the pipe on both ends erected nuts

and bolts along the pole / wall shaping the pipe as per site 70.00 180.79 Mtrs.

requirement. Pipe dia. as following.

providing and erecting Miniature circuit breaker single pole

0.5A to 2A system and having breaking capacity 10 KA to be

erected in existing box. confirming to IS 8828/1996 with ISI

Supplying & erecting approved make IP 55 grade Company

fabricated Timer Panel of following capacity for switch On-

Off street lights on time scheduling basis made from 16G

CRCA sheet duly epoxy power painted inside and outside with

hinged doors and locking arrangement consisting of suitable

size of 4 Pole MCB and 4 pole contactor (cat-III)with analog

time switch, auto manual switch of same make and suitable

input and output Bakelite terminals and with door earthing

approved by Engineer in charge.

Providing 1:2:4 cement concrete foundation & 70 % PCC from

bottom including excavation for the pole of size 60 x 60 x

cm. Deep in below ground level with plinth of 45 cm x

cm(or 45 cm dia x 45 cm) high upper ground level with

necessary curing and finishing in approved manner. ( for

& 8/8.5 mtr pole)

Providing & erecting 415 V MCB Four Pole for Motor &

Inductive Load (C Curve) having 10KA breaking capacity &

confirms to IS :8828 in existing box having following capacity

(c) 63 Amp. Cat - III

Providing & erecting 415 V MCB three Pole for Motor &

Inductive Load (C Curve) having 10KA breaking capacity &

confirms to IS :8828 in existing box having following capacity

(a) 6 to 32 Amp. Cat - III

Providing and erecting Steel cover as per drawing using

SWG M.S. sheet of following depth, to house the switch gear

etc. complete with locking arrangement and lock with

duplicate keys per cupboard and door handles erected with 6.00 3226.95

necessary support and painting. (One coat red oxide and two

coat enamel paint) (A) with angle iron frame

(i) For 25 cms. Depth

Providing and erecting Sheet Steel powder coated MCB

distribution board - flush / surface mounted fitted with

busbar, neutral link, earth bar and DIN rail, Conforms to IS

8623-1 & 3, IEC 61439-1 & 3 without MCB to house 3.00 847.39 Ea

appropriate nos. of MCBs. (The DBs should be used of same

company of MCB to be used) suitable for

(b) sheet steel double door (IP-43), (ii) 6 way

Providing and erecting Approved make Four pole moulded

case circuit breaker having breaking capacity ICU of 35 KA.

and above at 415 V . having normal current rating 250A.

with variable thermal & magnetic release suitable to work on 1.00 20817.11 Ea

A.C. supply 50 c/s. with all internal connections, spreader

tinned copper & complete erected in existing 16 G.M.S.

housing. ICS=100% of ICU only Cat III

Providing and erecting Approved make Four pole moulded

case circuit breaker having breaking capacity ICU of 35 KA. at

415 V. having normal current rating 125A. with Fixed thermal

& magnetic release suitable to work on A.C. supply 50 c/s. 5.00 7926.48 Ea

with all internal connections, spreader tinned copper &

complete erected in existing 16 G.M.S. housing.

ICS=100% of ICU only Cat III

Supplying and erecting triple pole & neutral 440V / 500V

panel mounting Copper Busbars with four equal Nos. of Rn.

electrolyte bus having current density not more than 1.6 Mtr

Amp. / sq.mm (Rated current / cross section area) duly

wrapped with colour insulating tape for phase sequence of

following current carrying capacity, erected with necessary

bus bar supports /insulators, main cable socket to each bar,

erected in existing cubical panel with necessary connections.

(C) Suitable for 300 Amp. capacity

Providing & erecting weather proof, dust & vermin proof,

floor mounted front operated indoor type cubical panel

board necessary IP-42 and above protection as per approval

from engineer in charge made from 14 SWG thick CRC M.S.

sheet for outer body & doors, 16 SWG thick CRC M.S. sheet

for internal partitions with necessary accessories , supporting

angles/ flats channel including cutting, bending, drilling,

welding, riveting with internal partitions & cable alley as per

requirements & instruction of engineer-in-charge with

erection of supplied switch gears, BUSBARS, suitable size of

inter connecting PVC copper wire / copper-aluminium strips,

rubber grommets, rib, bakelite control fuses/MCB for

measuring instruments, earth bus & earth bolts, foundation 2.00 10969.61

flange - bolts-base Plates, sufficient nos. of hinged doors,

handles with locking arrangement and rubber gasket, heavy

duty end terminal connection, danger notice board,

necessary ventilation, earthing strip complete. The Panel

shall be painted with epoxy powder coating. (The rates

excludes the cost of switchgears, bus bars, inter connecting

mains & Copper Aluminium strips, meters, Fuses etc. The

dimension shall be measured excluding base beams) The

panel shall be supplied with following approved

manufacturers with following size.

(A) locally fabricated panel board

(i) with 350 mm depth

Add 18% GST Rate Rs.

I/We am/ are willing to carry out the work @ _____________ % Above /Below ____________

Percentage (Should be written in Figures and Words) of the Estimated rates mentioned above

amount of my/ our Tender work out as under.

Estimated Amount Estimated Amount

Tender Rs. 14,39,735.00 Tender Rs.

Add % Rs. Deduct % Rs.

Total Rs. Total Rs.

(In Words (In Words

1 The Contractor shall exhibit a board with detailed specification and details of work as

directed by the Engineer-In-Charge for which no extra payment shall be made.

2 The labour-cess will be deducted as per prevailing rules i.e. 1% of the work done.

3 GST and Income tax TDS will be deducted at a source while making payments of bills

Engineer Chief Officer President

Stamp with Signature of

Botad Nagarpalika Botad Nagarpalika Botad Nagarpalika

Botad Botad Botad

SECURITIES AND OTHER FORMS

BID SECURITY (BANK GUARANTEE)

WHEREAS, ---------------------------------------- (name of Bidder) (hereinafter called

the “The Bidder”) has submitted his bid Dated ------------------------ (Date) for

the construction of ------------- (Name of Contractor hereinafter called “the

KNOW ALL PEOPLE by these presents that We ----------------------------------------------

(name of Bank) of ---------------------------------------- (name of country) having our

registered office at -------------------------------------------------------( hereinafter

“the bank”) are bound unto --------------------------------------------(name of

(hereinafter called “The Employer”) in the sum of ---------------------------------- *

for which payment well and truly to be made to the said Employer the Bank

itself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ---------------------- day of

THE CONDITIONS of these obligations are:

(1) If after Bid opening the Bidder withdraws his bid during the period of Bid

validity specified in the Form of Bid;

(2) If the Bidder has been notified of the acceptance of his bid by the

Employer during the period of Bid Validity:

A Fails or refuses to execute the Form of Agreement in accordance with

the Instructions to Bidders, if required; or

B. Fails or refuse to furnish the Performance Security, in accordance

with the Instructions to Bidders; or

C. does not accept the correction of the Bid Price pursuant to

Clause 27 (Correction of Errors)

We undertake to pay to the Employer up to the above amount

upon receipt of his first written demand, without the employer having to

substantiate his demand, provided that in his demand the Employer will

note that the amount claimed by him is due to him owing to the

occurrence of one or any of the three conditions, specifying the occurred

conditions or conditions.

This Guarantee will remain in force up to and including the date------------- **

days after the deadline for submission of Bids as such the deadline is stated

in the Instructions to Bidders or as it may be extended by the Employer,

notice of which extension (s) to the Bank is hereby waived. Any demand in

respect of this guarantee should reach the Bank not later than the above

(Signature, name and address)

* The Bidder should insert the amount of the guarantee in words and figures

denominated in Indian Rupees. This figure should be the same as shown

in Clause 16.1(Bid Security) of the Instructions to Bidders.

**45 days after the end of the validity period of the Bid. Date should be

inserted by the Employer before the Bidding documents are issued.

PERFORMANCE SECURITY

contractor) (hereafter called “the Contractor”) has undertaken, in pursuance

of Contracts No. ------------------------- dates -------------------------- to execute ---

--------- (name of Contract and brief description of Works) (hereinafter called

“The Contract”)

AND WHEREAS it has been stipulated by you in the said Contract that the

Contractor shall furnish you with a Bank Guarantee by a recognized bank for the

sum specified therein as security for compliance with his obligation in

accordance with the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible

to you on behalf of the Contractor, up to a total of -----------------------------

(amount of guarantee)* ------------------------- (in words), such sum being payable in

types and proportions of currencies in which the Contract prices is payable, and

we undertake to pay you, upon your first written demand and without cavil or

argument, any sum or sums within the limits of ---------------------------------------

- (amount of guarantee) as aforesaid without your needing to prove or to show

grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the

contractor before presenting is with the demand.

We further agree that no change or addition to or other modification of the

terms of the Contract to of the Works to be performed thereunder or of any of

the Contract documents which may be made between your and the Contractor

shall in any way release us from any liability under this guarantee, and we

hereby waive notice of any such charge, addition or modifications.

This guarantee shall be valid until 60 days from the date of expiring of

the Defect Liabilities period.

Signature and Seal of the guarantor ----------------------------

*An amount shall be inserted by the Guarantor, representing the percentage

the Contract price specified in the Contract denominated in Indian Rupees.

ADDITIONAL PERFORMANCE SECURITY

[Clause 34.1. (A)]

contractor) (hereafter called “The Contractor”) has undertaken, in pursuance

of Contracts No. ------------------------- dates -------------------------- to execute ---

--------- (Name of Contract and brief description of Works) (hereinafter called