Flood Protection Work

Name of Work:-Constructing of F.P. wall (1)Near Desair Faliyu At Village

Simliya(2) Near Overhead Water Tank At Village Jorajina

MuvadaTa. Talod, Dist. Sabarkantha.

Estimated Cost Put to Tender:-

a. DATE FOR DOWN LOADING TENDER DOCUMENT : UP TO 15/04/2026 upto 18.00 hrs

b. DATE OF ON LINE SUBMISSION : UP TO 15/04/2026 upto 18.00 hrs

DATE FOR SUBMISSION OF TEDNDER FEE, : FROM 15/04/2026 TO 21/04/2026 upto

EMD & OTHER DOCUMENT (BY RPAD/SPEED POST ONLY)

DATE OF OPENING : DT. 22/04/2026 at 12.00 Hrs.

Office of The Office of The

Superintending Engineer, Executive Engineer,

Ghandhinagar Panchayat Irrigation Circle, S.K. Panchayat Irrigation Division,

Patnagar Yojana Bhavan, Block-C, Himatnagar-383

2nd Floor, Sector-16, Dist. Himatnagar,

Gandhinagar-382016 Phone No(o) : (02772)

Sr No Section Description PageNo

1 Invitation for Bid(IFB)

2 Section-1 Instructions toBidders

3 Section-2 QualificationInformation

4 Section-3 Conditions ofContract

5 Section-4 ContractData

6 Section-5 Technical Specification

7 Section-6 Form ofBid

8 Section-7 Bill ofQuantities

9 Section-8 Securities and OtherForms

10 Section-9 Drawings

11 Section-10 Documents to be furnished byBidder

INVITATION FORBID

NATIONAL COMPETITIVEBIDDING

1. TheExecutive Engineer, S.K. Panchayat Irrigation Division,

Sabarkanthainvitesbidsfortheconstructionofworksdetailedinthetable.

Thebiddersmaysubmitbidsforanyorallthefollowingworks.

Cost ofRegistration

Approximatevalu Bidsecurity(Rs. ofdocument /Category

ageN Nameofwork ofcompl

eofworks(Rs.) )/EMD (Rs) /Tender Fee ofcontractorif

Constructing of F.P. wall

(1) Near Desair Faliyu At

Village Simliya (2) Near

03 “ E-1” Class

Overhead Water Tank At 2434509.00 25000.00 900.00/-

Village Jorajina Muvada

Ta. Talod, Dist.

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

https://www.nprocure.comfreeofcosttilltheTimeandDateasmentionedononline NIT at

websitehttps://www.nprocure.com.

3. However,BidderwhoissubmittingtheBidOnlinewillhavetopaytheBid Document Fee / Tender

Fee through Demand Draft only of any Schedule Bank payableat Sabarkantha Panchayat

Irrigation Division, Himatnagar and in favour of ‘Executive Engineer, S.K. Panchayat

Irrigation Division, Himatnagar.Once

theBidisreceivedonline,BidDocument/TenderFeewillnotberefundable.AsPerGoG R&B

Department’s Circular No.PARACH/102/000/IB/221/(59)/CDated.24/01/2007

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

againstBidSecurity / EMD shall be submitted in electronic format through online

whileuploadingthebid,thissubmissionshallmeanthatbiddocument/tenderfeeandBid Security /

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

Document / Tender Fee and Bid Security / EMD have beenreceived

electronically.However,forthepurposeofrealizationofDemandDraft,andFDR/Bank

Guarantee bidder shall send the same in original through R.P.A.D. so as to reach to

#‘Executive Engineer, S.K. Panchayat Irrigation Division, Himatnagar within 7 Days from

the last day of bid submission.

PenetrativeactionfornotsubmittingDemandDraft/FDR/BankGuaranteein original to

Executive Engineer / Tender Inviting Authority by bidder shall beinitiated. WRD GR No.

PRC-102014-1-MICell-K.1 Dated:29/10/2014

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

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

representatives, who wish to remainpresent.

Iftheofficehappenstobeclosedonthedayofopeningofthebidsasspecified,thebids will be

opened on the next working day at the same time andvenue.

5. A pre bid meeting will be held on_______at 12:00 PM hrs. at the office of Executive

Engineer, S.K. Panchayat Irrigation Division, Himatnagar to clarify the issues and to answer

question on any matter that may be raised at that stage as stated in clause 9.2 of ‘instruction

to bidders’ of the bidding documents.

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

rounded off to the next thosands rupees.

7. Other Information is asunder:

A. Agenciescanprepareandedittheiroffersanumberoftimesbeforetheendofthetendersubmissio

ndateandtime.Afterthetendersubmissiondateandtime,the bidder cannot modify / edit /

withdraw their submitted offer in any case. Nowrittenor online request in this regard

shall begranted.

B. Offersinphysicalformwillnotbeacceptedinanycase.

C. DemandDraftpurchasedbytheotherthenbidderandissuedafterthelastdateof submission of

Bids, will not be considered oraccepted.

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

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

E. Conditional tender shall not beaccepted.

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

liable to berejected.

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

will be considerednon-responsive.

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

given in the checklist /qualification document / tenderdocument.

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

electronic format at appropriate placesonly.

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

disqualification.

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

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

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

thisbid.TheGovernmentwillnotaskforanyotherinformation,unlessitisfoundnecessary by

the competentauthority.

M. Iffoundnecessary,thecontractorwillbeintimatedfornegotiation,

# For the works costing up to Rs. 7.5 crore (WRD Works), Rs . 7.0 Crore(ROAD/

BRIDGE/BUILDINGWORKS),Rs.0.5Crore(ElectricalWorks)kindlyrefertoGoGNWRWS

& K Department’s Circular No.Paracha/1097/1397(11)/pa.fa. / MICELL(k-1) dated

FortheworkscostingunderRs.7.5croreforConstructionworkofWaterResources Department, Rs.

7.0 crore for Roads, Bridges and Building and Rs. 050 crore forElectrical

workfollowingdocumentsshallbesubmittedinelectronicformatonlythroughonline by scanning

and the (i) Bid Document Fee / Tender Fee (ii) Bid Security / EMD shouldbe sent in original to

the Tender opening authority through RPAD, so as to reachtheExecutive Engineer within 7 days

from last day of submission ofBid.

Sr. No. Name of Documents. Reference Clause. Format

1 Bid Document Fee/Tender Fee As per NIT -

Bid Security / EMD or Valid EMD

As per Table of IFB

Exemption Certificate or in terms of Bank

Refer clause no. 16 for

2 guarantee (valid 180 days from the date of bid -

provision of Bank

submission) of Appropriate Class of

Registration of Approved Contractors

3 Registration Certificate of Appropriate Class As per NIT -

4 GST Number and Pan card As per NIT -

Undertaking for Engaging Technical Staff & 95 (Section

Machineries 10)

Information regarding any litigation in which 96 (Section

the applicant is involved 10)

Last 5-Years Turn Over (year wise) for Civil

Engineering Works certified by CA (for Bid

Capacity Evaluation) (Section 10)

Details of civil engineering works completed

in last 5 financial year

Details of “works on hand” and “works

tendered by bidder, found lowest (l1) & works 99 (Section

likely to be awarded (for Bid Capacity 10)

Affidavit (Notarized on Rs. 300 Stamp paper) -

The Applicant should give undertaking that he

has access to, or has available, liquid assets

10 and / or credit facilities up to 25 percent of the As per NIT

value of the contract/ contracts applied. As per

Prescribed Proforma.

Section 1: Instructions toBidders

Table ofClauses

PageNo. PageNo.

A. General D. Submission ofBids

1. Scope ofBid 8 19. Sealing & Marking ofBids

2. Source ofFunds 8 20. Deadline for

SubmissionofBids

3. EligibleBidders 8 21. Late Bids

4. Qualification 8 22. Modificationand

oftheBidder Withdrawal ofBids

5. One Bid perBidder

6. Cost of Bidding 12 E. Bid Opening andEvaluation

7. SiteVisit 12 23. BidOpening

B. BiddingDocuments 25. Clarification ofFinancial

8. Content ofBidding 13 26. Examination of

Documents BidsandDeterminationof

9. Clarification 13 27. Correction ofErrors

ofBiddingDocuments

10. Amendment 14 28. Deleted

ofBiddingDocuments

29. Evaluation andComparison

of Financial Bids

C. Preparation ofBids 30. Deleted

11. Language ofBid

12. DocumentsComprising 15 F. Award ofContract

13. BidPrices 15 31. Award Criteria

14. CurrenciesofBidandP 16 32. Employer’s Right toAccept

ayment anyBidandtoRejectanyor

15. BidValidity 16 33. Notification of

AwardandSigning

16. Bid Security 16 34. PerformanceSecurity

17. Alternative 17 35. Advance

ProposalsbyBidders PaymentandSecurity

18. Format and Signing ofBid 17 36. Dispute ReviewExpert

orFraudulentPractices

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

ofworks(asdefinedinthesedocumentsandreferredtoas‘theworks”)detailedinthetable

giveninIFB.Thebiddersmaysubmitbidsforanyoralloftheworksdetailedinthetable given

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

date specified in the Contractdata.

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

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

2. Source of Funds

2.1 TheexpenditureonthisprojectwillbemetfromthebudgetofGovt.ofGujarat/ Govt. of India for

centrally sponsoredprojects.

3. EligibleBidders

3.1 This Invitation for Bids is open to all eligiblebidders.

3.2 AllbiddersshallprovideinSection2,FormsofBidandQualificationInformation,a

statementthattheBidderisneitherassociated,norhasbeenassociated,directlyorindirectly, with

the consultant or any other entity that has prepared

thedesign,specifications,andotherdocumentsfortheProjectorbeingproposedasProject

ManagerfortheContract.AfirmthathasbeenengagedbytheEmployertoprovideconsultingservi

cesforthepreparationorsupervisionoftheworks,andanyofitsaffiliates, shall not be eligible

4. Qualification of theBidder

4.1 AllbiddersshallprovideinSection2,FormsofBidandQualificationInformation,a preliminary

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

necessary. The proposed methodology should includea program of construction backed

with equipment planning and deploymentdulysupported with broad calculations and

quality assurance procedures proposed tobeadopted justifying their capability of execution

and completion of work aspertechnical specifications, within stipulated period

(i) 4.5 QUALIFICATIONCRITERIA:

(ApplicablefortheworkswhichrequirePre-

Qualification)AsPerGoGNWRWS&KDepartment’s Circular No.

Paracha/1097/1397(11)/pa.fa./MICELL(k-1)Dated18/01/2018

4.5.1 QualificationwillbebasedonApplicant’smeetingallthefollowingminimumpass/failcriteriareg

ardingtheApplicant’sgeneralandparticularexperience,personnel and equipment capabilities

and financial positions, as demonstrated bytheapplicant’s responses in the forms attached

to the letter of application (specifiedrequirement for joint ventures are given under para

4.6 below )Subcontractorsexperience and resources shall not be taken in to account in

determiningtheapplicants compliance with the qualifyingcriteria

To qualify for more than one contract, the applicant must demonstratehaving experience

and resources sufficient to meet the aggregate of the qualificationcriteria for each contract

given in paragraphs 4.5.4, 4.5.5 and 4.5.9below

4.5.2 Base year and Escalation

The base year shall be taken as Current financialyear

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

andthefinancial figure to a common base value for works completed inIndia.

Year FinancialYear Multiplyingfactor

Base year of invitingtender 2025– 2026

Applicantshouldindicateactualfiguresofcostsandamountfortheworksexecuted by

them without accounting for the above-mentionedfactors.

In case the financial figures and value of completed works are inforeign

currencytheaboveenhancedmultiplyingfactorswillnotbeapplied.Instead,thecurrent market

exchange rate (State Bank of India BC Selling rate as on the lastdateof submission of the

bid) will be applied for the purpose of conversion of theamountin foreign currency into

4.5.3. GeneralExperience.

The Applicant shall meet with the following minimumcriteria:

(a) Achieved a minimum annual financial turnover of Rs.----Crore for worksin progress

and completed in all classes of civil engineering construction worksin any one year,

over the last five financialyears.

(b) Experienceinsuccessfullycompletingorsubstantiallycompletingatleastonecontractofsi

milarwork(Irrigation works or Canal Linning

works)ofatleast40percentofthevalueofproposed contract within the last five

financialyears.

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

member of a joint venture or as a nominated sub-contractor. Assubcontractor, he

should have acquired the experience of execution of all major items

ofworksundertheproposedcontract.Incaseaprojecthasbeenexecutedbyajoint venture,

weight towards experience of the project would be given to eachjoint venture in

proportion to their financial participation in the joint venture ifwork

executedjointlyotherwiseasperthescopeofworkdefineinJointVentureagreement.

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

tothelastdateofsubmissionis90%ormoreoftheoriginalcontractprice)andcontinuingsatis

Forthese,acertificatefromtheemployersshallbesubmittedalongwiththeapplicationincor

poratingclearlythenameofthework,contractvalue,billingamount, date of

commencement of works, satisfactory performance ofthecontractor and any other

relevantinformation.

(the experience certificate should be signed by the officer not below the rankofEE)

(c) Contractor should have completed 60% of quantity of principal items of worklike

concrete,earthwork,pipeline,pumpingstationetc.withinlastfivefinicalyears. Certificate of

competent authority of work done with detail shall beproduced.

4.5.4. PersonnelCapabilities.

Availabilityforhisworkofpersonnelwithadequateexperienceasrequired;asper

4.5.5. Equipment Capabilities

Based on the studies carried out by the Engineer, the minimum suggestedmajorequipment

to attain the completion of works in accordance with theprescribedconstruction schedule

are shown in theAppendix.

Thebiddersshould,however,undertaketheirownstudiesandfurnishwiththeirbid,adetai

ledconstructionplanningandmethodologysupportedwithlayoutand necessary drawings and

calculations to allow the employer to reviewtheirproposals. The numbers, types and

capacities of each plant/equipment

shallbeshownintheproposalsalongwiththecycletimeforeachoperationforthegivenproduction

capacity to match therequirements.

4.5.6. FinancialPosition

TheApplicantshouldgiveundertakingthathehasaccessto,orhasavailable,liquidassets

(aggregateofworkingcapital,cashinhandanduncommittedbankguarantees)and/or credit facilities

up to 25 percent of the value of the contract / contractsapplied.

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

demonstratethesoundnessoftheapplicant’sfinancialposition,showinglong–term profitability

including an estimated financial projection for the next two years,ifnecessary, the employer

will make inquiries with the applicant’sbankers.

4.5.8. LitigationHistory

TheApplicantshouldprovideaccurateinformationonanylitigationorarbitrationresulting

fromcontractscompletedorunderexecutionbyhimoverthelastfivefinancialyears.A

consistenthistoryofawardsagainsttheApplicantoranypartnerofajointventuremay result in failure

of theapplicant.

4.5.9. Disqualification

Even though the applicants meet the above criteria, they are subject tobedisqualified if

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

of poor performance such as abandoning the work, rescinding of contractforwhich the

reasons are attributable to the non – performance of thecontractor;consistent history of

litigation awarded against the applicant or financial

failureduetobankruptcy.Therescindingofcontractofajointventureonaccountofreasonsotherth

annon–performance,suchasMostExperiencedpartnerofjointventurepulling out, court

directions leading to breaking up of a joint venture before thestart

ofwork,whicharenotattributabletothepoorperformanceofthecontractorwill, however, not

affect the qualification of the individualpartners.

4.5.10.ThebidderwhohaveappliedforcorporateDebtRestructuring(CDR)/facingrecoveryproceedingsfro

mfinancialinstitutions/facingwindingupprocessing/thoseunderBIFR in the last 5 financial year

shall be considered for bid qualification. However, if the bank/ financial institution has

accepted the proposal of debt restructuring on or before thelast

dateofonlinesubmission,thesameshallbeconsideredforfurtherevaluation.Anaffidavit

bybidderalongwithcertificatefrombankmustbeproducedinsuchcases.IncaseofJoint

Ventureagreement,thisprovisionshallbeapplicableforbothleadpartnerandJVpartner.

(iii) #4.6 JOINT VENTURE: (Maximum 3 Members i.e.

Lead & 2Others)

(Applicableonlyforestimatedprojectcostof50Croreandabove)

4.6.1. Joint ventures must comply with the followingrequirement:

(a) Following are the minimum qualificationrequirements:

(i) Theleadpartnershallmeetnotlessthan50percentofallcriteriagiveninpara

4.5.3&4.5.6above.Thejointventuremustcollectivelysatisfythecriteriaofpara

4.5.3&4.5.6above.Theexperienceoftheotherjointventurepartnersshallbeconsidered if

it is not less than 30 percent of the qualifying criteria in para 4.5.3 &

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

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

besubmittedwithacopyofthejointventureagreementprovidingthejointandseveral

liabilities with respect to thecontract.

4.6.2.Qualificationofajointventuredoesnotnecessarilyqualifyanyofitspartnersindividuallyoras

apartnerinanyotherjointventure.Incasedissolutionofajointventure,eachoneoftheconstit

uentfirmsmayqualifyiftheymeetallthequalification requirements, subject to the

written approval of theEmployer.

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 as under:

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

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

(update 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 as well as works in progress.

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

(v) Notes:- In Case of joint venture, the available bid capacity will be applied for

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

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

be disqualified if theyhave:

- Made misleading or false representation in the forms, statements

and Attachmentsthesubmittedinproofthequalificationrequirements;and/or

- Record of poor performance such as abandoning the works, notproperlycompleting the

contract, inordinate delay in completion, litigation history,orfinancial failures etc.;

- Participated in the previous bidding for the same work and hadquotedunreasonably

high bid prices and could not furnish rational justification totheemployer.

5 One bid perbidder

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

submitsorparticipates in more than one bid (other than as a subcontractor or in

casesofalternatives that have been permitted or requested) will cause all the

proposalswiththe bidder’s participation to bedisqualified.

6 Cost ofBidding

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

and the Employer will in no case be responsible and liable for thosecosts.

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

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

maybenecessaryforpreparingtheBidandenteringintoacontractforconstructionoftheWorks

ThecostsofvisitingthesiteshallbeattheBidder’sown expense.

B. BIDDINGDOCUMENTS

8 Content of BiddingDocuments

8.1 The set ofbiddingdocumentscomprisesthedocumentslisted below andaddenda issued in

accordance with Clause10:

Section Particulars VolumeNo.

- Invitation forbids

1 Instructions toBidders I

2 Qualification Information, and otherforms

3 Conditions ofContract

5 TechnicalSpecifications II

6 Form ofBid III

7 Bill ofQuantities

8 Securities and otherforms

10 Documents to be furnished bybidder V

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

in compliance to section 2 will be prepared by him and furnished asVolume- V in two

parts (refer clause12).

8.3 Thebidderisexpectedtoexaminecarefullyallinstructions,conditionsofcontract, contract

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

forms,AnnexesanddrawingsintheBidDocument.FailuretocomplywiththerequirementsofBi

dDocumentsshallbeatthebidder’sownrisk.Pursuanttoclause26hereof,bidswhicharenotsu

bstantiallyresponsivetotherequirementsoftheBidDocumentsshall berejected.

9 Clarification BiddingDocuments

9.1 A prospective bidder requiring any clarification of the bidding documents m a y notify the

Employer in writing or through E-mail at the Employer’saddress

indicatedintheinvitationtobid.TheEmployerwillrespondtoanyrequestforclarification which he

received earlier than 15 days prior to the

deadlineforsubmissionofbids.Employer’sresponsewillbepublishedonwebsiteincludinga

description of the enquiry but without identifying itssource.

9.2 Pre-Bid meeting

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

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

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

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

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

through the minutes of the pre-bid meeting.

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

10 Amendment of BiddingDocuments

10.1 Beforethedeadlineforsubmissionofbids,theEmployermaymodifythebidding documents

by issuingaddenda.

10.2. Anyaddendumthusissuedshallbepartofthebiddingdocuments.TheEmployerwill assume

no responsibility for thesame.

10.3. Togiveprospectivebiddersreasonabletimeinwhichtotakeanaddendumintoaccountinprepari

ngtheirbids,theEmployermay,athisdiscretion,extendasnecessary the deadline for

submission of bids, in accordance with Sub-Clause20.2below.

C. PREPARATION OFBIDS

11 Language of theBid

11.1 Alldocumentsrelatingtothe bid shall be in theEnglishlanguage.

12 Documents Comprising theBid

12.1 ThebidbesubmittedbythebidderasVolumeVofthebiddocument(referClause8.1) shall be in

two separateparts:

Part I shall be named “Technical Bid” and shallcomprise

12.1.1 Bid Security in the form specified in Section8

12.1.2 QualificationInformationandsupportingdocumentsasspecifiedinSection2

12.1.3 Certificates, undertakings, affidavits as specified in Section2

12.1.4 Any other information pursuant to Clause 4.5 of theseinstructions

12.1.5 Undertaking that the bid shall remain valid for the period specified inClause15.1

Part II shall be named “Financial Bid” and shallcomprise

(i) Form of Bid as specified in Section6

(ii) Priced Bill of Quantities for items specified in Section7

12.2 The Bidder shall submit the details / information pertaining to eachparti.e.technical as well

as financial and must be submitted onlineonly.

12.3 Following documents will be deemed to be part of thebid.

Section Particulars VolumeNo.

Invitation for Bids(IFB)

1 Instruction toBidders VolumeI

3 Conditions ofContract

5 Specifications VolumeII

9 Drawings VolumeIV

13.1 TheContractshallbeforthewholeworksasdescribedinSub-Clause1.1,basedon the priced Bill

of Quantities submitted by theBidder.

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

items of the Works described in the Bill of Quantities along with total bidprice

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

not be paid for by the Bill ofQuantities.

13.3 Allduties,taxes,andotherleviesexceptGSTpayablebythecontractorunderthecontract,orforan

yothercauseshallbeincludedintherates,pricesandtotalBidPrice submitted by the Bidder.

(GST will be paidextra)

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

duringtheperformanceoftheContractinaccordancewiththeprovisionsofClause47oftheCondit

ion of Contract (Irrespective of the time limit and BidAmount)

14. Currencies of Bid andPayment

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

payments shall be made in IndianRupees.

15. BidValidity

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

submission specified in Clause20.

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

request that the bidders may extend the period of validity for a specifiedperiod. A bidder

may refuse the request without forfeiting his bid security. A bidderagreeing to the request

will not be required or permitted to modify his bid, but willberequired to extend the

validity of his security for a period of the extension, andin compliance with Clause 16 in

16. Bid Security

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

column 4 of the table of IFB for this particular work. This Bid security shall bein Favor of

Employer as named in Appendix and may be in one of the followingforms;

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

III. (Bank Guarantee is applicable only for Bid Estimated Amount of01 Crore and

above) and Bank Guarantee of Schedule and Private Banks shallbe 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 latestamendment.

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

approved by the Reserve Bank ofIndia.

#AValidBidSecurity/EMDExemptionCertificateissuedby(1)Road&Building Department

or (2) Narmada Water Resources, Water Supply and KalpsarDepartment of Govt. of

Gujarat. Exemption Certificate is applicable onlywhen Registration Certificate of

Appropriate Class and Category ofApproved Contractors is required as eligible

criteria ofbidder.

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

suretyforthebidshallbevalidfor45daysbeyondthevalidityofthebidi.e.totalvalidityof 120+45 =

16.3. Any bid not accompanied by an acceptable Bid Security and not securedasindicated in

Sub-Clauses 16.1 and 16.2 above shall be rejected by the Employer asnon-responsive.

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

bid validity period specified in Sub-Clause15.1

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

Agreement and furnished the required PerformanceSecurity.

16.6. The bid Security may beforfeited

(a) IftheBidderwithdrawsthebidafterBidopeningduringtheperiodofBidvalidity.

(b) Ifthe BidderdoesnotacceptthecorrectionoftheBidPrice, ifany or

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

(i) Sign the Agreement;or

(ii) Furnish the requirement PerformanceSecurity.

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

intimatedmaximumthreetimeswithinthevalidityperiodfornegotiation,if contractor does not

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

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

17. Alternative Proposals byBidders.

17.1. Biddersshallsubmitoffersthatfullycomplywiththerequirementsofthebidding

documents,includingtheconditionsofcontract(includingmobilizationadvanceortime for

completion), basic technical design as indicated in the drawingandspecifications.

Conditional offers or alternative offers will not be considered furtherin the process of

tenderevaluation.

18. Format and Signing ofBid

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

12oftheseInstructionstobidderasthe“TechnicalBid“and“FinancialBid”inseparate parts to

D. SUBMISSION OFBIDS

20. Deadline for Submission of theBids

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

above not later than the date indicated inappendix.

20.2. TheEmployermayextendthedeadlineforsubmissionofbidsbyissuinganamendmentinaccorda

ncewithClause10,inwhichcaseallrightandobligationofthe Employer and the bidders

previously subject to the original deadline will thenbesubject to the newdeadline.

22. Modification and Withdrawal ofBids

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

20 or pursuant to Clause23.

22.3. NobidshallbemodifiedorwithdrawnafterthedeadlineforsubmissionofBid.

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

bidsandtheexpirationoftheoriginalperiodofbidvalidityspecifiedin Clause15.1above or as

extended pursuant to Clause 15.2 may result in the forfeiture of theBidsecurity pursuant

E. BID OPENING ANDEVALUATION

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

toClause22,inthepresenceoftheBiddersortheirrepresentativeswhochoosetoattendattime,date

andtheplacespecifiedinAppendixinthemannerspecifiedin Clauses 20 and 23.3, In the event

of the specified date of Bid opening being declareda holiday for the Employer, the Bids

will be opened at the appointed timeandlocation on the next workingday.

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

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

furnisheddoesnotconformtotheamountandvalidityperiodasspecifiedintheinvitationforbid(re

f. Column 4 and paragraph 3), and has not been furnished in the form specifiedin Clause

16, the technical bid will not beopened.

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

thebidsaccompanied with valid bid security will be taken up for

evaluationwithrespecttotheQualificationinformationandotherinformationfurnishedi

n part I of the bid pursuant to Clause12.1.

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

hisQualificationDocuments with respect to any requiredclarification.

(iii) Thebidderswillrespondinnotmorethan7daysofissueoftheclarificationletter.

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

clarificationtheEvaluation Committee will finalize the list of responsive

bidderswhosefinancial bids are eligible forconsideration.

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

responsiveinaccordancewithClause23.4(iv)willbeannounced.Thebidsofonly these bidders

will be opened. The responsive Bidders’ names, the Bid prices,the

totalamountofeachbid,anydiscountandsuchotherdetailsastheEmployermay consider

appropriate, will be announced by the Employer at theopening.

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

responsiveinaccordancewithClause23.4(iv)willbeannounced.Thebidsofonly these bidders

will be opened. The responsive Bidders’ names, the Bid prices,the

totalamountofeachbid,anydiscount,andsuchotherdetailsastheEmployermay consider

appropriate, will be announced by the Employer at theopening.

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

Bid” shall be in order of Estimated amount of Bids from highest tolowest.

23.9 TheEmployershallprepareminutesoftheBidopening,includingtheinformationdisclosed to

those present in accordance with Sub-Clause23.6.

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

and recommendations for the award of a contract shall not be disclosedtoBidders or any

other persons not officially concerned with such process untiltheaward to the successful

Bidder has been announced. Any effort by Bidder

t o influencetheEmployer’sprocessingofBidsorawarddecisionsmayresultinthe rejection of

25. Clarification of FinancialBids

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

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

breakdownsofunitrates.Therequestforclarificationandtheresponseshallbeinwritingorbye-

mail,butnochangeinthepriceorsubstancesoftheBidshallbesought,offered,orpermitted except

as required to confirm the correction of arithmeticerrorsdiscovered by the Employer in the

evaluation of theBids.

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

m a t t e r relatingtohisBidopeningtothecontractisawarded.IftheBidderwishestobring

additional information to the notice of the Employer, it should do so inwriting.

25.3. AnyeffortbytheBiddertoinfluencetheEmployerintheEmployer'sbidevaluation,bid

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

26. Examinations of Bids and Determination ofResponsiveness

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

determinewhethereachBid(a)meetstheeligibilitycriteriadefinedinClause3and4;(b)hasbeen

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

(d)issubstantiallyresponsivetotherequirementsoftheBiddingdocument.Duringthedetailed

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

furtherdeterminedwithrespecttotheremainingbidconditions,i.e.,pricedbillofquantities,

technical specifications, anddrawings.

26.2 A substantially responsive “Financial Bid” is one which confirms all theterms, conditions

and specifications of bidding documents, without material deviationorreservation. A

material deviation or reservation is one (a) which affects inanysubstantial way the scope,

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

with the Bidding documents, the Employer’srights or the Bidder’s obligations under the

Contract; or (c) whose rectification wouldaffect unfairly the competitive position of other

Bidders presentingsubstantiallyresponsiveBids.

26.3 Ifa“FinancialBid”isnotsubstantiallyresponsive,itwillberejectedbythe Employer, and may

not subsequently be made responsive by correctionorwithdrawal of the non-conforming

deviation orreservation.

29. Evaluation and Comparison of FinancialBids

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

responsive in accordance with Sub-Clause26.2.

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

ordeviation.Variationanddeviationsandotherfactors,whichareinexcessoftherequirementsoft

heBiddingdocumentsorotherwiseresultinunsolicitedbenefitsfortheEmployer, shall not be

taken in to account in Bidevaluation.

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

oftheConditionsofContact,duringtheperiodofimplementationoftheContract,willnot be taken

in to account in Bidevaluation.

29.5. IftheBidofthesuccessfulBidderisseriouslyunbalancedinrelationtotheEngineer’s estimate of

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

to produce detailed consistency of thosepriceswith the construction methods and schedule

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

of the performance

securitysetforthinClause34beincreasedattheexpenseofthesuccessful/biddertoalevel

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

ofthesuccessful Bidder under theContract.

29.6. AbidwhichcontainsseveralitemsinthebillofQuantitieswhichareunrealistically

pricedlowandwhichcannotbesubstantiatedsatisfactorilybythebiddermayberejected asnon-

F. AWARD OFCONTRACT

31. Award Criteria

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

beendetermined.

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

lowest evaluated Bid Price;and

(ii) tobewithintheavailablebidcapacityadjustedtoaccountforhisbidpricewhich is the

lowest evaluation in any of the packages opened earlier thantheoneconsideration.

Innocase,thecontractshallbeawardedtoanybidderwhoseavailablebidcapacity is less

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

thelowestevaluatedbid.Thecontractwillinsuchcasesbeawardedtothenextlowestbidderat his

evaluation bidprice.

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

32.1. NotwithstandingClause31,theEmployerreservestherighttoacceptorrejectanyBid,andtocance

ltheBiddingprocessandrejectallBids,atanytimepriortotheaward of contract, without thereby

incurring any liability to the affected bidder orBidder or any obligation to inform the

affected Bidder or Bidders of the groundsforthe Employer’s action.

33. Notification of Award and Signing ofAgreement

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

bytheEmployerpriortoexpirationoftheBidvalidityperiodbycable,telexorfacsimileconfirmed

by registered letter. This letter (hereinafter and in the

conditionofcontractcalledthe“LetterofAcceptance”)willstatethesumthattheEmployerwill

pay the Contractor in consideration of the execution, completion, and

maintenanceoftheWorksbytheContractorasprescribedbytheContract(hereinafterandintheCo

ntract called the “ContractPrice”).

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

furnishing of a performance security in accordance with the provisions ofClause.

33.3. The Agreement will incorporate all agreements between the Employer

andthesuccessfulBidder.ItwillbesignedbytheEmployerandtothesuccessfulBidder,within28d

aysfollowingthenotificationofawardalongwiththeLetterofAcceptance. Within 21 days of

receipt, the successful Bidder will sign theAgreement and deliver it to theEmployer.

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

will promptly notify the other Bidders that their Bids havebeen unsuccessful.

34. PerformanceSecurity

34.1. (A)Within10(Ten)daysofreceiptofLetterofAcceptance,thesuccessfulBiddershall furnish to

the Employer an irrevocable and unconditional guarantee froma Bank in the form set

forth in Section 8 (the “Performance Security”) foran

amountequalto5%(fivepercent)ofitsContractPrice.Incaseofbidsmentioned below, the

successful Bidder, along with the

PerformanceSecurity,shallalsofurnishtotheAuthorityanirrevocableandunconditionalgu

aranteefrom a Bank in the same form given at Section 8 towards anAdditional

PerformanceSecurity(The“AdditionalPerformanceSecurity”)foranamount calculated

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

to20% of the Estimated Project Cost, then the AdditionalPerformance

Securityshallbecalculated@20%ofthedifferenceinthe(i)EstimatedProject Cost

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

and (ii) Contract Price offered by theselectedBidder.

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

Estimated Project Cost, then the Additional PerformanceSecurityshall be

calculated @ 30% of the difference in the (i) EstimatedProject Cost (as

mentioned in Bid Document) - Minus 10% of theEstimatedProject Cost and

(ii) Contract Price offered by the selectedBidder.

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

ofthePerformanceSecurity.

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

Period and the Additional Performance Security shall be v a l i d beyond

(twenty-eight) days of Project CompletionDate.

34.2. IftheperformancesecurityisprovidedbythesuccessfulBidderintheformofa Bank Guarantee,

it shall be issued either (a) at the Bidder’s option, bya

Nationalized/ScheduledIndianbankor(b)byaforeignbanklocatedinIndiaandacceptabletoth

eEmployer.AsperGoGFinanceDepartment’sCircularNo. FD/MSM/e-

file/4/2023/0057/D.M.O. Date 21/04/2023 or as per theirlatestamendment.

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

Clause34.1shallconstitutesufficientgroundsforcancellationoftheawardandforfeitureofthe

(vi) 35AdvancePaymentandSecurity

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

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

37. Corrupt of FraudulentPractices

37.1 TheEmployerwillrejectaproposalifitdeterminesthattheBidderrecommendedfor award has

engaged in corrupt or fraudulent practices in completing

forthecontractinquestionandwilldeclarethefirmineligible,eitherindefinitelyorfora stated

period of time, to be awarded a contract with National Highways

AuthorityofIndia/StatePWDandanyotheragencies,ifitatanytimedeterminesthatthefirm

hasengagedincorruptorfraudulentpracticesincompletingforthecontractor,orin execution.

37.2 Furthermore,BiddersshallbeawareoftheprovisionstatedinSub-Clause59.2ofthe Conditions

ClauseReference

respecttoSection–I

1. The Name of the Employer isExecutiveEngineerS.K. Panchayat Irrigation [Cl.1.1]

Division,Himatnagar

2. The last five financialyears.

3. This Annual Financial Turnover Amount isRs.---Not Applicable--- [Cl.4.5.3(a)]

4. Value of Work is Rs.24,34,509.00

6. The cost of electric work isRs. 0.00/-

7. The cost of water supply / sanitary works isRs. 0.00/-

8. Liquidassetsand/oravailabilityofcredit facilities is Rs.---Not Applicable- [Cl.4.5.6]

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

10. Deleted [Cl. 9.2.1]

11. ThetechnicalBidwillbeopenedattheofficeofthe : Executive Engineer, S.K.

Panchayat Irrigation Division, Jilla Panchayat, Himatnagardt _____

12. Address of the Employer:Executive Engineer, S.K. Panchayat Irrigation

Division, Jilla Panchayat, Himatnagar

14. Thebidshouldbesubmittedlatestbyas stated on onlineNIT [Cl. 20.1&20.2]

15. Thebidwillbeopenedatas stated on onlineNIT at website https:// [Cl. 23.1]

www.nprocure.com

16. The Bank Draft in favourof “ExecutiveEngineer, S.K. Panchayat Irrigation

Division, Himatnagar”

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 2025-2026

(2) #LISTOFKEYPLANT&EQUIPMENTTOBEDEPLOYEDONCONTRA

[Reference CL.4.5.5]

(i) Thecontractorsshallalsogivealistofmachineriesinhispossessionandwhichtheypro

pose to use on thework.

Sr. PlantorM Location AgeofMach Make Capacity Approximate Remark

No. achinery inery(maxi Value

ListofKeyPersonneltobedeployedonContractWork(Reference

# Employment of a qualified site Engineer by theContractor.

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

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

executed is more than Rs.50lakhs.

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

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

3. MinimumTwoDiplomaCivilEngineerwhenthecostofworkislessthanRs.15lakhsbut more than

4. Minimum One Diploma Civil Engineers for the work when the cost of work tobeexecuted is

less than Rs. 5 lakhs. The Engineer so employed for the Governmentwork

musthavesufficientexperiencetohandletheworkindependently.SuchanEngineershall have to

stay at the site of work and he shall not be entrusted with otherdutyexcept thiswork.

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

GraduateEngineer,EmploymentofaseparateEngineerwillnotbenecessaryprovidedthattheEngi

neerpartner himself attends the execution of the work on thesite.

Within 15 days of issue of work-order the Contractor will have to furnish to t h e Deputy

Executive Engineer-in-charge of the work the Name, Qualifications, copyofmarksheet,

Colour Photograph and the appointment order issued

suchengineersengagedforthiscontractwork.If15daysafterissueofworkordersuchdesignatedSite

Engineers do not resume or do not remain present on site of work, the recoveryatthe rate of

Rs.15,000-00 per month per Engineer will be made fromthebills/deposit/dues of the

contractor. Such recovery shall benon-refundable.

QUALIFICATION INFORMATION

(ii) QUALIFICATIONINFORMATION

TheinformationtobefilledinbytheBidderinthefollowingpageswillbeusedforthepurposeofpos

tqualificationasprovidedforinClause4oftheInstructiontoBidders.This information will not be

incorporated in theContract.

1. For IndividualBidders

1.1 Constitution or legal status

ofBidder(AttachCopy)

Place ofregistration

Principal place ofbusiness

Power of attorney of signatory ofBid(Attach)

1.2 Total value of Civil engineering constructions 2 023-

2024Workperformed in thelastfiveyears 2022-2023

in Rs.Lakhs 2021-2022

15.2.1Workperformedasprimecontractor,workperformedinthepastasanominatedsub-contractor will

also be considered the sub-contract involved execution

ofallmainitemsofworkdescribedinthebiddocuments,providedfurtherthatallotherqualificatio

ncriteriaaresatisfied(inthesamename)onworksofasimilarnatureover the last five years**

and in current year before the submission of thebid.

Project Nameofth Description Contract Valueof Dateo Stipulatedp Actualdateof Remarkexp

Name eEmploye ofwork No. contract( fissue eriod completion* lainingreas

r Rs. ofwor of onsfordelay

Crore) korde completion &workCom

*Attachcertificate(s)fromtheEngineer(s)in-charge

**Immediatelyprecedingthefinancialyearinwhichbidsare received.

#1.3.2Quantitiesofworkexecutedasprimecontractor,workperformed,inthepastasa nominated sub-

contractor, will also be considered provided thesub-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 nameandstyle) in the last five years** and in

current year before the submission of thebid.

*To be modified as per the nature and scope ofwork

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

fthe theEmplo Cement Rubble Earth (indicate

work yer Concrete(In Pitching Works contractR

cluding ITEM 2 ITEM 3 ef)contrac

1.4 InformationonBidCapacity(worksforwhichbidshavebeensubmittedandworkswhich are yet

to be completed) as on the date of thisbid.

(A) Existing commitments and on-goingworks:

Description Place Contract Name&A ValueCo Stipulated Valueof Anticipated

ofworks &Sta No. ddressof ntract Period of Works* of

te Employer (Rs.Cr) Completion remaining completion

*Attachcertificate(s)fromtheEngineer(s)in-charge

**Immediatelyprecedingthefinancialyearinwhichbidsarereceived.

1.5 AvailabilityofkeyitemsofContractorsEquipmentforcarryingouttheworks(Ref.Clause 4.5.5).

The Bidder should list all the information requestedbelow.

ItemofEqui Requirement AvailabilityProposals Remarks(f

pment NO Capacity Owned/Leas Nos/.Ca Age/Condit romwhomt

ed pacity ions obe

tobeprocured purchased

1.6 Qualifications and experience of key personnel required for administrationandexecution of

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

Position Name Qualification YearofExp Yearofexperi

erience(Ge encein

neral) theproposedp

Senior Engineer BE-Civil

Site Engineer BE-Civil

1.7 Proposed sub-contract and firmsinvolved

Sections Value ofSub- Sub- Experiencein

oftheworks Contractor Contractor( similarwork

Attach copies of certificates on possession of valid license for executingwatersupply/

sanitary work/ building electrificationworks.

1.8 Financialreportsforthelastfiveyears:balancesheets,profitandlossstatements, auditors’

reports (in case of companies/corporations), etc. List them belowand attachcopies.

1.9 Evidence of access to financial resources to meet the qualificationrequirements:cash in

hand, lines of credit, etc. List them below and attach copieddocuments.

1.10 Name,address,andtelephone,telex,andfaxnumbersoftheBiddersbankerswhomay provide

references if contacted by theEmployer.

1.11 Information on Litigation history in which the Bidder isinvolved.

OtherParty( Employer Causeof Amount Remarksshowi

ies) Dispute Involved ng

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 attachdescriptions,

drawingsandchartsasnecessarytocomplywiththerequirementsoftheBidding documents.

(Refer ITB Clause4.1)

3. Additional Requirements

3.1 Bidders should provide any additional informationrequired to fulfil

s of Clause 4 of the Instructions to the Bidders, ifapplicable.

(ii) Undertaking

* Fill the name ofconsultant

SAMPLEFORMATFOREVIDENCEOFACCESSTOORAVAILABILITY OF

CREDITFACILITIES

(CLAUSE4.5.6OFITB)BAN

This is to certify thatM/s. is a reputed companywith

a good financialstanding.

If the contract for the work,namely is awarded to

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

Rs. to meet theirworking capital requirementsfor executing

theaboveduring the contractperiod.

(Signature)Name

BankManagerAddressoftheB

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

therequiredattachments are true andcorrect.

2. TheundersignedalsoherebycertifiesthatneitherourfirmM/s.

have not abandoned any

workofGovernment of Gujarat/Government of India/any Board or

CorporationunderGovernment of Gujarat/Government of India nor any contract

usforsuchworkshavebeenrescinded,duringlastfiveyearspriortothedateofthisbid.

3. Theundersignedherebyauthorize(s)andrequest(s)anybank,person,firmorcorporation to

furnish pertinent information deemed necessary and

requestedbytheDepartmenttoverifythisstatementorregardingany(our)competenceandge

neralreputation.

4. The Undersigned understands and agrees that further qualifying

i n f o r m a t i o n mayberequested,andagreestofurnishanysuchinformationattherequestofth

e Department/ Project implementingagency.

(SignedbyanAuthorizedOfficeroftheFirm)

Title ofOfficer

Note: Affidavit should be submitted on Rs. 300 stamp paper duly notarized

I, the undersigned do hereby undertake......... that our firm

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

(Signed by an Authorized officer of thefirm)

Title ofofficer

CONDITIONS OFCONTRACT

Conditions ofContract

Table ofContents

A General Page D. CostControl

1 Definitions 37 37 Bill ofQuantities

2 Interpretation 38 38 Changes in theQuantities

3 Language andLaw 39 39 Variations

4 Engineer’sDecisions 39 40 Payments for Variations

5 Delegations 39 41 Cash FlowForecasts

6 Communications 39 42 PaymentCertificates

7 Sub-Contractors 39 43 Payments

8 OtherContractors 39 44 CompensationsEvents

9 Personnel 40 45 Tax

10 Employer’s & ContractorRisk 40 46 Currencies

11 EmployersRisks 40 47 PriceAdjustment

12 Contractor’sRisk 40 48 Retention

13 Insurance 40 49 Liquidateddamages

14 Site InvestigationsReports 41 50 Bonus

15 Queries about theContract 41 51 AdvancePayment

16 ContractorstoConstructthewo 41 52 Securities

17 The Works to be 41 53 Deleted

Completedbythe Intended

18 CompletionDate

Approval by theEngineer 41 54 Cost ofRepair

20 Discoveries 42 E. Finishing theContract

21 Possession of theSite 42 55 Completion

22 Access to theSite 42 56 TakingOver

23 Instructions 42 57 FinalAccount

24 Disputes 42 58 Operating

andMaintenancemanuals

25 Procedure forDisputes

26 Deleted 43 59 Terminations

60 Payment uponTerminations

B. Time Control 61 Property

27 Programme 44 62 Release fromPerformance

28 ExtensionsoftheIntendedco

29 Deleted 44 F. Special Conditionsof

30 Delays Ordered bythe 44 63 Labour

Engineer 64 Compliance

withlabourregulations

31 ManagementMeetings 45 65 Arbitration

32 EarlyWarning

C. QualityControl

33 IdentifyingDefects

35 Correction ofDefects

36 UncorrectedDefects

CONDITIONSOFCONTRACT

1.1 Termswhichare defined in theContract Data arenotalsodefined in theConditionsof

Contract but keep their definedmeaning.

Bill of Quantities means the priced and completed Bill ofQuantitiesforming part

CompensationEventsarethosedefinedinClause44hereunder

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

Engineer in accordance with Sub Clause55.1

The Contract is the contract between the Employer and Contractortoexecute,

complete and maintain the Works till the completion ofDefectsLiability Period. It

consists of the documents listed in Clause 2.3below.

The Contract data defines the documents and other informationwhichcomprise

TheContractorisapersonorcorporatebodywhoseBidtocarryouttheWork has been

accepted by theEmployer.

The Contractor’s Bid is the completed Bidding document submitted

bytheContractor to the Employer and includes Technical and FinancialBids.

The Contract Price is the price stated in the Letter of Acceptanceandthereafter

as adjusted in accordance with the provisions of theContract.

Daysarecalendardays:monthsarecalendarmonths.

The Defects Liability Period is the period named in the Contract

Dataandcalculated from the CompletionDate.

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

The Engineer is the person named in the Contract Data (or anyothercompetent

person appointed and notified to the contractor to act in replacementofthe Engineer) who

is responsible for supervising the Contractor, administeringtheContract, certifying

payments due to the Contractor, issuing and valuingVariationsto the Contract, awarding

extensions of time, and valuing theCompensationsEvents.

Equipment is Contractor’s machinery and vehicles brought temporarilyto the

site to construct theWorks.

The Initial Contract Price is the Contract Price listed in theEmployer’s Letter

TheIntendedCompletionDateisthedateonwhichitisintendedthattheContractorshall

completetheWorks.TheIntendedCompletionDateisspecifiedin the Contract Data. The

Intended Completion Date may be revised only bytheEngineer by issuing an extension

Materials are all supplies, including consumables, used by the

contractorforincorporation in theworks.

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

electronic or chemical or biologicalfunctions.

TheSiteistheareadefinedassuchintheContractData.

Site Investigation Reports are those which were included in theBidding

documentsandarefactualinterpretivereportsaboutthesurfaceandsubsurfaceconditions at

Specifications means the Specifications of the works included in theContract and

any modification or addition made or approved by theEngineer.

TheStartDateisgivenintheContractData.ItisthedatewhentheContractorshallcommen

ceexecutionoftheworks.Itdoesnotnecessarilycoincidewith any of the Site PossessionDates.

ASubcontractorisapersonorcorporatebodywhohasaContractwiththeContractor to

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

Temporary Works are works designed, constructed, installed, andremovedby the

Contractor which are needed for construction or installation of theWorks.

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

theWorks.TheWorksarewhattheContractrequirestheContractortoconstruct,install,

andturnovertotheEmployer,asdefinedintheContractData.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means

plural,malealsomeansfemaleorneuterandtheotherwayaround.Headinghavenosignifi

cance. Words have their normal meaning under the language

oftheContractunlessspecificallydefined.TheEngineerwillprovideinstructionsclarifyi

ng queries about Conditions ofContract.

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

intheConditions of Contract to the Works, the Completion date,

andIntendedCompletion Date apply to any Section of the Works (other than

referencestothe Completion Date and Intended Completion date for the

2.3 The documents forming the Contract shall be interpreted in thefollowing order

(2) Letter of Acceptance, notice to proceed withworks

(3) Contractor’sBid

(4) ContractData

(5) Conditions of Contract including Conditions ofContract

(6) Specifications

(8) Bills of quantitiesand

(9) AnyotherdocumentlistedintheContractDataasformingpartoftheContract.

3. Language andLaw

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

4. EngineersDecisions

4.1 Except where otherwise specifically stated, the Engineer willdecidecontractual

matters between the Employer and the Contractor in therole representing

5.1 The Engineer may delegate any of his duties and responsibilities tootherpeople

after notifying the Contractor and may cancel any delegationafternotifying

6. Communications

6.1 Communications between parties which are referred to in the

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

itisdelivered (in terms of Indian ContractAct).

7. Sub-Contracting

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

contract data, with the approval of the engineer but may not assigntheContract

without the approval of the Employer in writing.Subcontractingshall not alter the

Contractor’s obligations. Sub-contracting of supplyorspecific items of work is

7.2 Thesub-contractormustberegisteredinappropriateclassandcategoryforthe part of

work to besubcontracted.

8. Other Contractors

8.1 The Contractor shall cooperate and share the Site with

othercontractors,publicauthorities,utilitiesandtheEmployerbetweenthedatesgivenint

heSchedule of other Contractor. The Contractors shall as refer to in theContract

Data, also provide facilities and services for them as described in theSchedule. The

employer may modify the schedule of other contractorsandshall notify the

contractor of any suchmodifications.

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

ofKeyPersonnel as referred to in the Contract Data to carry out the

functionsstatedintheScheduleorotherpersonnelapprovedbytheEngineer.TheEnginee

rwill approve any proposed replacement of key personnel only

iftheirqualifications, abilities, and relevant experience are substantially equal

toorbetter than those of the personnel listed in theSchedule.

9.2 IftheengineeraskstheContractortoremoveapersonwhoisamemberofthe Contractor

Staff or his work force stating the reasons the Contractorshall

ensurethatthepersonleavestheSitewithinsevendaysandhasnofurtherconnection with

the work in theContract.

10. Employer’s and ContractorsRisks

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

risks,andtheContractorcarriestheriskswhichtheseContractsstatesareContractor’srisk

11. Employer’sRisks

11.1 Theemployerisresponsiblefortheexceptedriskswhichare(a)insofarastheydirectlyaffe

cttheexecutionoftheWorks,therisksofwar,hostilities, invasion, act of foreign

enemies, rebellion, revolution, insurrection ormilitaryor usurped power, civil war,

riot commotion or disorder (unless restrictedtothe Contractor’s employees), and

contamination from any nuclear fuelornuclear waste or radioactive toxicexplosive.

12. Contractor’sRisks

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

which arise during and in consequence of the performance oftheContract other

than the excepted risks are the responsibilityof theContractor.

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

andtheContractor, insurance cover from the Start date to the end of

theDefectsLiabilityPeriod,intheamountsanddeductiblesstatedintheContractdata for

the following events which are due to the Contractor’srisks:

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

(b) Loss of or damage toEquipment

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

MaterialsandEquipment) in connection with the Contract;and

(d) Personal injury ordeath.

13.2 Policies and certificates for insurance shall be delivered by the Contractortothe

Engineer for the Engineer’s approval before the Start Date. Allsuchinsurance shall

provide for compensation to be payable in the typesandproportions of currencies

required to rectify the loss or damageincurred.

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

Employer may affect the insurance which the Contractorshouldhave provided and

recover the premiums the Employer has paidfrompayments otherwise due to the

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

13.4 Alterations to the terms of an insurance shall not be made withouttheapproval of

13.5 Bothpartiesshallcomplywithanyconditionsoftheinsurancepolicies.

14. Site InvestigationReport

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

referred to in the Contract Data, supplemented by anyinformationavailable to

15. Queries about the Contractdata

15.1 The engineer will clarify queries on the ContractData

16. Contractor to Construct theWorks

16.1 The Contractor shall construct and install the works in accordance

withthespecification andDrawings.

17. The Works to be completed by the Intended CompletionDate

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

carry out the Works in accordance with the programme submitted

bytheContractor,asupdatedwiththeapprovaloftheEngineer,andcompletethem by the

Intended Completiondate

18. Approval by theEngineer

18.1 The Contractor shall submit Specifications and Drawings

showingtheproposedTemporaryworkstotheEngineer,whoistoapprovethemiftheyco

mply with the Specifications anddrawings.

18.2 The Contractor shall be responsible for design of temporaryworks.

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

the Temporaryworks.

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

works whererequired.

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

permanent work are subject to prior approval by the Engineer beforetheiruse.

19.1 TheContractorshallbe responsibleforthesafetyofallactivitiesontheSite.

20. Discoveries

20.1 Anythingofhistoricalorotherinterestorofsignificantvalueunexpectedlydiscoveredont

hesiteisthepropertyoftheEmployer.Thecontractoristonotify the engineer of such

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

21. Possession of theSite

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

Contractor.IfpossessionofapartisnotgivenbythedatestatedintheContractDatatheEmp

loyerisdeemedtohavedelayedthestartoftherelevantactivitiesandthis will be a

CompensationEvent.

21.2 Ifwithin25%ofthetimelimitoftheproject,80%ofpossessionofthesiteisnot handed over

to the Contractor, then contractor/ Employer mayfore-closethe contract.

Contractor/Employer has to foreclose the work within 30daysafter lapse of 25%-

time limit and after 30 days foreclosure option willbeclosed.

22. Access to theSite

22.1 The Contractor shall allow the Engineer and any person authorized

bytheEngineeraccesstotheSite,toanyplacewhereworkinconnectionwiththeContract

is being carried out or is intended to be carried out and to anyplacewhere materials

or plants are being manufactured/ fabricated/ assembledfortheworks.

23. Instructions

23.1 TheContractorshallcarryoutallinstructionsoftheEngineerpertainingtoworks which

comply with the applicable laws where the site islocated.

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

records relating to the performance of the Contractor

andtohavethemauditedbyauditorsappointedbytheEmployer,ifso,requiredbythe

24.1 IftheContractorisoftheviewthatadecisiontakenbytheEngineerwaseither outside the

authority given to the Engineer by the Contract or thatthedecision was wrongly

taken, the decision shall be referredtoSuperintending Engineer (Panchayat

Irrigation Circle, Gandhinagar) 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 thedecisiongivenby the Superintending Engineer (Panchayat

Irrigation Circle, Gandhinagar).

(a) FortheworkuptoRs.100Cr.,ifanyofthepartiesisnotsatisfiedwiththe decision of

the #Superintending Engineer (Panchayat Irrigation Circle, Gandhinagar),

boththeparties have to refer to the Chief Engineer concern for

theconciliationprocess.

(b) FortheworkmorethanRs.100Cr.,ifanyofthepartiesisnotsatisfiedwiththedecision

ofthe#SuperintendingEngineer(Panchayat Irrigation Circle,

Gandhinagar),boththe parties have to refer to the

#Secretary,WaterResourcesDepartment, Government of Gujarat for the

conciliationprocess.

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

dispute to Gujarat Public Works Contract Dispute Arbitration

Tribunal.IftheContractorfailstoreferaclaim/disputetotheHigherAuthoritywithin14

days of the notification of the Engineer's decision, the Contractor

shallnotbeentitledtoanyadditionalpayment/claimifhedoesn’tfollowtheabove

sequence in stipulated time and he should not stop thework.

25. Procedure forDisputers

25.1 The arbitration shall be conducted in accordance with thearbitration procedure

stated in the Special Conditions ofContract.

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

totheEngineer for approval a Programme showing the

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

along withmonthly cash flowforecast.

27.2 An update of the Programme shall be a programme showing theactualprogress

achieved on each activity and the effect of the progress

achievedonthetimingoftheremainingworkincludinganychangestothesequenceofthea

27.3 TheContractorshallsubmittotheEngineer,forapprovalanupdatedprogramme at

intervals no longer than the period stated in the Contractdata.If the Contractor does

not submit an updated programme within thisperiod,

theEngineermaywithholdtheamountstatedintheContractdatafromthenext payment

after the date on which the overdue programme hasbeen submitted.

27.4 TheEngineer’sapprovaloftheprogrammeshallnotaltertheContractor’s

obligations.TheContractormayrevisetheprogrammeandsubmitittotheEngineeragain

atanytime.ArevisedprogrammeistoshowtheeffectofVariations and

Compensationsevents.

28. Extension of the Intended CompletionDate

28.1 TheEngineershallextendtheIntendedCompletionDateifacompensationEvent occurs

or a Variation is issued which makes it impossibleforcompletion to be achieved by

the Intended Completion Date withouttheContractor taking steps to accelerate the

remaining work and whichwouldcause the Contractor to incur additionalcost.

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

theIntendedCompletionDatewithin35daysoftheContractoraskingtheEngineerfora

decision upon the effect of a compensation event or Variation andsubmitting full

supporting information. If the Contractor has failed to give earlywarning

ofadelayorhasfailedtocooperateindealingwithadelay,thedelaybythisfailure shall not

be considered in assessing the new IntendedCompletionDate.

28.3 The Engineer shall within 14 days of receiving full justification

fromthecontractorforextensionofIntendedCompletionDaterefertotheEmployerhis

decision. The employer shall in not more than 21 days communicate totheengineer

the acceptance or otherwise of the Engineer’s decision. Ifthe employer fails to give

his acceptance, the Engineer shall not granttheextension and the contractor may

refer the matter under Clause24.1

30. Delays Ordered by theEngineer

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

ofanyactivity within theworks.

31. Management Meetings

31.1 Either the Engineer or the Contractor may require the other to attenda management

meeting. The business of a management meeting shall betoreview the plans for

remaining work and to deal with matters raisedin accordance with the early

warningprocedure.

31.2 TheEngineershallrecordthebusinessofmanagementmeetingsandistoprovide copies

of his record to those attending the meeting and

totheEmployer.Theresponsibilityofthepartiesforactionstobetakenistobedecided by

the Engineer either at the management meeting or afterthemanagement meeting

and stated in writing to all who attended themeeting.

32. Early Warning

32.1 TheContractoristowarntheEngineerattheearliestopportunityofspecificlikely future

events or circumstances that may adversely affect the qualityofthe work, increase

the Contract price or delay the execution of

works.TheEngineermayrequirethecontractortoprovideanestimateoftheexpectedeffe

ct of the future event or circumstance on the contract

priceandcompletiondate.TheestimateistobeprovidedbytheContractorassoonasreason

32.2 The Contractor shall cooperate with the Engineer in making andconsidering

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

beavoidedorreducedbyanyoneinvolvedintheworkandincarryingoutanyresultinginstr

uction of theEngineer.

C. QUALITY CONTROL

33. Identifying Defects/ Defect liabilityperiod

33.1 :Defectliabilityperiod:Thecontractorshallberesponsibletomakegoodandremedyathiso

wnexpenseanydefectwhichmaydevelopormaybenoticedbefore the period

mentioned hereunder from the certified date ofcompletion.The Engineer in charge

shall give the contractor a notice in writing aboutthedefects and the contractor shall

make good the same within 15 days ofreceipt of the notice. In the case of failure on

the part of the contractor, theEngineer- in-chargemayrectifyorremoveorre-

executetheworkattherisk&costofthe contractor. The Engineer-in-charge shall be

appropriatethewholeoranypartoftheamountofsecuritydeposittowardstheexpenses,ifa

ny, Incurred by him in rectification, removal or re-execution. TheDefectsLiability

period shall be asunder….

A. For works of WRD ExceptBuilding

(a) (1)ForallworkscostinguptoRs.50,000(amountputtotender),theperiodshall be

Months from the certified date ofcompletion.

(b) (1) For WRD works likes Check Dam/ Canal / Drainage /

RoadStructuretenderamountfromRS.50,000to10,00,000,thedefectliabilityperiodsha

ll be 12 months from the certified date ofcompletion.

(2)ForWRDworkexceptlikesCheckDam/Canal/Drainage/RoadStructuretenderamou

ntfromRS.50,000to10,00,000,thedefectliabilityperiod shall be 6 months from the

certified date ofcompletion.

(c) (1) For WRD works likes Check Dam/ Canal / Drainage /

RoadStructuretenderamountmorethanRS.10,00,000,thedefectliabilityperiodshallbe

3Years from the certified date ofcompletion.

(2)ForWRDworkexceptlikesCheckDam/Canal/Drainage/RoadStructuretenderamou

ntfromRS.10,00,000to1Crore,thedefectliabilityperiod shall be 12 months from the

certified date ofcompletion.

(d) (1)ForallWRDworksoftenderamountmorethanRS.1Crore,thedefectliability period

shall be three Years from the certified date ofcompletion

B. For Building works ofWRD:-

For Building works of WRD, Follow the R&B Circulardated.03/12/2009

For original building works the defect liability period will be 4 years

orelapseof4monsoonperiodfollowingdateofpossessionofbuildingtakenoverbyuser

agency following the certified date of completion, whichever islater.

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

as the lastdate.

WRD Circular No. Matas/102013/MICELL(K-1) Dated13/12/2013

33.2 For Road works:

FreemaintenanceguaranteeperiodforworksofRoad/Bridgeconstruction

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

the date ofcompletion.

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

shall have to give four years free maintenance

guaranteefromthecertifieddateofcompletion.Duringthisperiodthecontractorshall

visitthesiteeverysixmonthsalongwiththeconcernedSectionOfficer/ Deputy

Executive Engineer and will examine the work already carriedout in this

contract like road work, jungle cutting, side shoulders, sidegutter, road

furniture, patta etc. and will prepare Km. wise inspection

reportdulysignedbyallconcernedandanydefectobservedshallbedonewithin15day

s by the contractor at his risk and cost as per the direction ofEngineerin charge.

The contractor needs to do videography of these visits

andrequiretosubmitatthetimeofreleaseofFMG.IfB.T.thesurfaceduring

themaintenanceperiodof4yearsiswornoutthenagencyshallhavetoprovide renewal

coating as per tender item as directed by theEngineer-in- charge. The amount

equivalent to 5% of each running bill shall bewithheld and will be released

after the free maintenance guaranteeperiod(i.e. 4 years) isover.

However,thisamountshallbereleasedagainstfixeddepositorbank guarantee

pledged in the name of Executive Engineer aftercompletioncertificate of work

(1) The flakiness and elongation index (combined) for coarseaggregatesunder no

circumstances shall exceed the allowable limit set forth intherelevant clause for

the material inquestion.

(2) 2%oftheamounteligibleforthepaymentofbituminousitemsshallbewithheld till

the miscellaneous items like earthwork in embankment/ cutting for side

shoulders, side gutters, kilometer / indicator

/guardstones,signboardsetc.arecompletedinallrespectbythecontractor.

Aftercompletionofthemiscellaneousitems,theabovesaid2%withheldamount

shall bereleased.

(Govt.ofGujarat'sG.R.No.:TNC-10-2013-3(Part-3)/C,Dtd.13/12/2013).

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

doneasperGovt.letterNo.:SSR/10/2015-16/26/C,Dtd.26/11/15forthework

costing more than Rs. 5.00Crore.

(4) Setting up of adequate laboratory & deployment of qualityengineers.

The contractor shall have to set up the laboratory withadequateequipment. Till

the setting up of adequate laboratory is

completed&reportedofthistotheengineer(subjecttodueverificationbyengineer’s

representative) by contractor in writing, Rs.2,00,000/- shall bewithheld. The

qualified quality Engineer shall be deployed exclusively

forthiscontractbythecontractors.IfqualityEngineerisnotdeployedbycontractor

within one month after the date of work order, theamountequivalent to

Rs.20,000 per month shall be recovered till theactualdeployment of quality

engineer. The amount so recovered towardsthedeployment of quality engineers

shall not berefunded.

(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 ispaid.

(6) Maintenance during ConstructionPeriod

During the Construction Period, the Contractor shall maintain, at hisown risk

and cost, the existing lane(s) of the road so that the trafficworthinessand safety

thereof are at no time materially inferior as compared totheircondition 10 (ten)

days prior to the date of the Agreement, andshall undertake the necessary

repair and maintenance works for thispurpose;provided that the Contractor

may, at his cost, interrupt and divert theflow

oftrafficifsuchinterruptionanddiversionisnecessaryfortheefficientprogress of

works and conforms to Good Industry Practice; provided

furtherthatsuchinterruptionanddiversionshallbeundertakenbytheContractor only

with the prior written approval of the

ExecutiveEngineerwhichapprovalshallnotbeunreasonablywithheld.Fortheavoid

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

responsibleforensuring safe operation of theroad.

33.3 TheEngineershallchecktheContractor’sworkandnotifytheContractorof any defects

that are found. Such checking shall not affect theContractor’s responsibilities the

Engineer may instruct the Contractor to search fora

DefectandtouncoverandtestanyworkthattheEngineerconsidersmay have aDefect.

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

intheSpecification to check whether any work has a Defect and the test

showsthatitdoes,theContractorshallpayforthetestandanysamples.Ifthereisnodefect

the test shall be a CompensationEvent.

34.2 1% of the amount of work done for works up to Rs. 10 crore of estimatecost

shouldbedeductedfromR.A.Billofthecontractorfortestingthequalityofmaterialwork

manship.Whereasforestimatedcostofworksmorethan10crore, the charges for testing

of quality of material workmanship shallbededucted from R.A. bill of contractor as

per actual charges. As PerGoGNWRWS & K Department’s Circular No.

PARCH/132023/401/MICELLDated:05/10/2023

34.3 Agencyhastoestablishtestinglaboratoryonsiteforthevarioustesttobecarried out in the

work for this purpose agency shall construct a pukka laboratory building with all

facility on site at location specified bytheengineer incharge.

35. Correction ofdefects

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

theendofthedefectsLiabilityPeriod,whichbeginsatCompletionandisdefinedin the

contract data. The Defects Liability Period shall be extended for as longasDefects

remain to becorrected.

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

notifieddefect within the length of time specified by the Engineer’snotice.

36. UncorrectedDefects

36.1 IftheContractorhasnotcorrectedadefectwithinthetimespecifiedintheEngineer’s

notice, the Engineer will assess the cost of having theDefect corrected, and the

Contractor will pay thisamount.

D. COST CONTROL

37. Bill ofQuantities

37.1 The bill of Quantities shall contain items for the

constructions,installation,testing and commissioning work to be done by

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

ContractorispaidforthequantityoftheworkdoneattherateintheBillofQuantitiesforeach

38. Change in theQuantities

38.1 TheEngineershallhavepowertomakeanyalterationsinoradditiontotheoriginal

specifications , drawings, designs and instructions that may

appeartohimtobenecessaryoradvisableduringtheprogressoftheworkandthecontractor

shall be bound to carry out the work in accordance withanyinstruction in this

connection which may be given to him in writing

signedbytheEngineerandsuchalterationshallnotinvalidatethecontractandanyaddition

al work which the contractor may be directed to do in

themannerabovespecifiedaspartoftheworkshallbecarriedoutbythecontractoronthesa

meconditionsinallrespectsonwhichheagreedtodothemainwork and at the same rate

as are specified in the tender for the mainwork.

Except that when the quantity of any item exceeds the quantity as inthetender by

more than 130%, the contractor will be paid for the quantityin

excessof130%,attherateenteredintheSORoftheyearduringwhichtheexcess in

quantity is firstexecuted.

39.1 All Variations shall be included in updated programmes produced bytheContractor.

40. Payments forVariations

40.1 If the additional or altered work includes any class of work for which norateis

specified in this contract, then such class of work shall be carried outasunder.

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

comparabletotheoneinvolvingadditionaloralteredclassofwork;wheretherearemoreth

an one comparableitems, the item of the contract which is nearestin comparison

with regard to class or classes of the work involved

shallbeselectedandthedecisionoftheSuperintendingEngineerastothenearestcompara

ble item shall be final and binding on thecontractor.

(ii)Iftheratecannotbederivedinaccordancewith(i)above,suchclassofworksshall be carried

out at the rate entered in the Schedule of Rates of thedivision

fortheyearinwhichthetenderwasreceived,increasedordecreasedbythepercentagebyw

hichthetenderamountismoreorlessascomparedtotheamountarrivedattheratesinthe“S

cheduleofRates”oftheDivisioninthe year in which the tender was received. If the

Schedule of rates of

theDivisiondoesnotcontainalltheitems,thepercentageincreaseordecreaseofthetender

shall be calculated considering such items which were included inthe“Scheduled

Rates” of the division for the year and for materials

consumedonsuchitemtheratetobechargedwouldbethebasicratetakenintoaccountfor

fixing the rate in S.O.R. referred toabove.

(iii) Ifitisnotpossibletoarriveattheratefrom(i)and(ii)above,suchclassofwork shall be

carried out at the rate decided by the competent authoritieson the basis of detailed

rate analysis after hearing the contractor beforea Committee of two Superintending

Engineers stationed at the same placeorthe nearestplace.

40.2 If the additional or altered work, for which no rate is entered in the“Schedule of

Rates” of the Division is ordered to be carried out before the rate isagreed upon,

then the contractor shall within seven days of the date of receipt byhimof the order

to carry out the work, inform the Engineer-in-charge of therate,which it is his

intention to charge for such class of work and if the Engineerin charge does not

agree to this rates, he shall by notice in writing be at

libertytocancelhisordertocarryoutsuchclassofworkandarrangetocarryitout

insuchmannerashemayconsideritadvisable,providedalwaysthatifthecontractorshallc

ommenceworkorincuranyexpenditureinregardthereofbefore the rates shall have

been determined as lastly herein beforementioned, then in such cases he shall only

be entitled to be paid in

respectoftheworkcarriedoutorexpenditureincurredbyhimpriortothedateofthedetermi

nation of the rate as aforesaid according to such rate or rates asshall be fixed by the

Engineer-in-charge. In the event of the dispute, the decisionofthe Superintending

Engineer of the Circle shall befinal.

Where,however,theworkistobeexecutedaccordingtothedesigns,drawings and

specifications recommended by the contractor and acceptedbythe competent

authority, the alternation above referred to shall be withinthescope of such designs,

drawings and specifications appended to thetenders.

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

intheproportion that the increase in the cost occasioned by alterations bears

tothecost of the original work and the certificate of the Engineer-in-charge

astosuch proportion shall be final andconclusive.

41. Cash FlowForecasts

41.1 When the programme is updated, the contractor is to provide theengineerwith an

updated cash flowforecast.

42. Paymentcertificates.

42.1 The Contractor shall submit to the Engineer monthly statements

oftheestimatedvalueoftheworkcompletedlessthecumulativeamountcertifiedprevious

42.2 The Engineer shall check the Contractor’s monthly statement within 14days and

certify the amount to be paid to the Contractor after taking in

toaccountanycreditordebitforthemonthinquestioninrespectofmaterialsfortheworksin

therelevantamountsandunderconditionssetforthinsub-clause

32.3 of the Contract Data (securedAdvance).

42.3 The value of work executed shall be determined by theEngineer.

42.4 Thevalueofworkexecutedshallcomprisethevalueofthequantitiesoftheitems in the

Bill of Quantitiescompleted.

42.5 The value of work executed shall include the valuation of

variationsandcompensationevents.

42.6 The Engineer may exclude any item certified in a previous certificateorreduce the

proportion of any item previously certified in any certificate inthelight of

laterinformation

43.1 Payments shall be adjusted for deductions for advance payments,retention,

otherrecoveriesintermsofthecontractandtaxesatsource,asapplicableunderthelaw.The

EmployershallpaytheContractortheamountscertifiedby the Engineer within 28 days

of the date of eachcertificate.

43.2 Payment of GST (prevailing rates) on the amount payable under thecontract to the

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

contractor to pay the GST to the concernedAuthority.

43.3 Itemsoftheworksforwhichnorateorpricehasbeenenteredinwillnotbepaid by the

Employer and shall be deemed covered by other rates and pricesin theContract.

44. Compensationevents

44.1 The following are compensation Events unless they are caused bytheContractor:

(a) TheEmployerdoesnotgiveaccesstoapartoftheSitebythesitePossession date

stated in Contract data to theContractor

44.2 In case of compensation event occurs and it prevents the workbeingcompleted

beyond the Intended Completion Date then Authority willapproveEOT with

eligible contractual priceescalation.

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

date of bid submission except GST. However, any subsequent changesin

thetaxstructurebyGovernmentafterduedateofbidsubmissionwillbecompensated (+/-)

on availability or submission of actualdocumentation. Contractor will have to

intimate Engineer regarding changes occurred inthetax structure after bid

submission. If the contractor fails to

providesuchinformationandifanyfinancialobligationmayariseduetochangeintax

structure, same will be recovered from thecontractor.

45.2 GSTwill bepaidseparatelyonthebills.Hence,itistheresponsibilityofthecontractor to

pay the GST to the concernedAuthority.

46. Currencies.

46.1 All payment shall be made in IndianRupees.

47. Price Adjustment

47.1 Contract price shall be adjusted for increase or decrease in ates and price of labour,

materials, fuels and lubricants in accordance with following principles and

procedures and as per formula given in the contract data:

(a) The price adjustment shall apply for the work done from the start date given in

the contract data up to end of the initial intended completion date or extensions

granted by the Engineer and shall not apply to the work carried out beyond the

stipulated time for reasons attributable to the contractor.

(b) The price adjustment shall be determined during each month from the formula

given in the contract data.

(c)Following expressions and meanings during to the work done during each month

R = Total value of work done during the month. It would include the amount of

secured advance granted, if any, during the month less the amount of secured

advance recovered, if any during the month. It will exclude value for works

executed under variations for which price adjustment will be worked separately

based on the terms mutually agreed.

48.1 The Employer shall retain from each payment due to

ContractortheproportionstatedintheContractDatauntilCompletionofthewholeofthe

48.2 On Completion of the whole of the Works half the total amount retainedisrepaid to

48.2 On Completion of the whole of the Works half the total amount retainedisrepaid to

the Contractor and half when the Defects Liability Period haspassedand the

Engineer has certified that all Defects notified by the Engineer totheContractor

before the end of this period have beencorrected.

48.3 On completion of the whole works, the contractor may substituteretentionmoney

with an “on demand” Bankguarantee.

In case, Contractor requests for refund of the RetentionMoneydeducted by

the Employer under the provision of this clause, Employershall consider the said

request of the Contractor provided that therefundhereunder shall be made in

tranches of not less than 1% (One Percent) oftheContract Price and Contractor

furnishes an irrevocable andunconditional Bank guarantee for an equal amount

substantially in the format ofBank

GuaranteeforPerformanceGuaranteeenclosedwithSBDandvalidupto60day beyond

the scheduled / extended Defects Liability Period.

Oncompletionofthewholeworks,thecontractorhashoweveranoptiontosubmitafreshirr

evocable and unconditional Bank Guarantee for an amount equal to 5%ofthe total

value of work executed substantially in the format of BankGuaranteefor

Performance Guarantee enclosed with SBD and valid up to 60 daysbeyondthe

Defect Liability Period and yet refund the Retention MoneyBank Guarantee

submitted for refund of RetentionMoney.

49. LiquidatedDamages

49.1 TheContractorshallpayliquidateddamagestotheEmployerattherateperday stated in

the Contract Data for each day that the Completion Date islaterthan the Intended

Completion Date (for the whole works or the milestoneasstated in the contract

data). The total amount of liquidated damages

shallnotexceedtheamountdefinedintheContractData.TheEmployermaydeduct

liquidated damages from payment due to the Contractor. Paymentofliquidated

damages does not affect the Contractor’sliabilities.

49.2 IftheIntendedCompletionDateisextendedafterliquidateddamageshavebeen paid, the

Engineer shall correct any overpayment of

liquidateddamagesbytheContractorbyadjustingthenextpaymentcertificate.TheContr

actorshall not be entitled for any interest on the over payment calculated

fromthedate of payment to the date ofrepayment.

49.3 Ifthecontractorfailstocomplywiththetimeforcompletionasstipulatedin

thetender,thenthecontractorshallpaytotheemployertherelevantsum stated in the

Contract Data as Liquidated damages for such default and notaspenalty for

everyday or part of day which shall elapse between

relevanttimeforcompletionandthedatestatedinthetakingovercertificateofthewholeof

the works on the relevant section, subject to the limit stated in the contract data.

The employer may, without prejudice to any other method

ofrecoverydeduct the amount of such damages from any monies due or to become

duetothecontractor.Thepaymentordeductionofsuchdamagesshallnotrelieve

the contractor from his obligation to complete the works on from any otherofhis

obligations and liabilities under thecontract.

49.4 If, before the Time for Completion of the whole of the Works or, ifapplicableany

Section, a Taking Over Certificate has been issued for any part

oftheWorksorofaSection,theliquidateddamagesfordelayincompletionoftheremainde

roftheWorksorofthatSectionshall,foranyperiodofdelayafterthe date stated in such

Taking-Over-Certificate, and in the absenceofalternative provisions in the

Contract, be reduced in the proportion

whichthevalueofthepartsocertifiedbearstothevalueofthewholeoftheWorksorSection,

as applicable. The provisions of this Sub-clause shall only apply totherate of

liquidated damages and shall not affect the limitthereof.

50.1 Ifthecontractorachievescompletionofthewholeoftheworkspriortotheintended

Completion Date prescribed in Contract Data the Employer shallpayto the

contractor a sum stated in Contract Data as bonus for everycompletedmonth but

subjected to maximum amount as stated in

ContractData;whichshallelapsebetweenthedateofcompletionofallitemsofworksasst

ipulated in the contract, including variations ordered by the Engineerandthe time

prescribed in Clause17.

50.2 Bonus shall be paid only to works amounting to above INR 5 crore

withtimelimitoftheworksisequalormorethan6months.Thebonuswouldbepaidasunder

% of TimeSaved %ofInitialContractPriceent

Less than10% 0%

51. AdvancePayment.

51.1 TheEmployershallmakeadvancepayment(nottobepaidlessthantwoinstallments

except in special circumstances for which the reason

tobeRecordedinwriting)totheContractoroftheamountsstatedintheContract Date by

the date stated in the Contract Date, against provision bytheContactor of an

Unconditional Bank Guarantee in a form and by abank

acceptabletotheEmployerinamountsandcurrenciesequaltobeatleast 110% of the

advance payment. The guarantee shall remain effective untilthe

advancepaymenthasbeenrepaid,buttheamountoftheguaranteeshallbeprogressively

reduced by the amounts repaid by the Contractor.TheMobilization advance would

be deemed as interest bearing advance ataninterest rate of 10 % to be

compounded,quarterly.

51.2 The Contractor is to use the advance payment only to pay forEquipment, plant and

Mobilization expenses required specifically for execution oftheWorks. The

Contractor shall demonstrate that advance payment hasbeen

usedinthiswaybysupplyingcopiesofinvoicesorotherdocumentstotheengineer.

51.3 The advance payment shall be repaid by deduction proportionateamountfrom

payments otherwise due to the Contractor, following the scheduleofcompleted

percentages of the Works on a payment basis. No account

shallbetakenoftheadvancepaymentoritsrepaymentinassessingvaluationsofwork

done, variations, price adjustments, Compensation Events,orLiquidateddamages.

52.1 The performance Security (including additional security for unbalancedbids)shall

be provided to the Employer no later than the date specified intheLetter of

Acceptance and shall be issued in an amount and form and by abankor surety

acceptable to the Employer, and denominated in Indian Rupees.Theperformance

Security shall be valid until a date 60 days from the

dateofexpiryofDefectsLiabilityPeriodandtheadditionalsecurityforunbalancedbids

shall be valid until a date 28 days from the date of issue of the

certificateofcompletion.

54. Cost ofRepairs.

54.1 LossordamagetotheWorksorMaterialstobeincorporatedintheWorksbetween the

Start date and the end of Defects Correction periods

shallberemediedbytheContractorattheContractor’scostifthelossordamages arises

from the Contractor’s acts oromissions.

E. FINISHING THECONTRACT

55.1 The Contractor shall request the Engineer to issue a Certificate ofCompletion of

the works and the Engineer will do so upon deciding that the workiscompleted.

56.1 The Employer shall take over the Site and the Works within seven days

oftheEngineer issuing a certificate ofCompletion.

57. FinalAccount

57.1 The Contractor shall supply to the Engineer a detailed final account of thetotal

amount that the Contractor considers payable as full and finalsettlement of all

claims under the Contract for items before the end of theDefectsLiability Period.

The Engineer shall issue a Defect Liability Certificateandcertify any final payment

that is due to the Contractor within 56 daysofreceiving the Contractor's account if

it is correct and complete. If it is

not,theEngineershallissuewithin56daysaschedulethatstatesthescopeofthecorrections

or additions that are necessary. If the Final Account isstill unsatisfactory after it

has been resubmitted, the Engineer shall decide

ontheamountpayabletotheContractorandissueapaymentcertificate,within56days of

receiving the Contractor’s revisedaccount.

57.2 If reversal in characteristic of tender (L1 becoming L2) on account

ofexcessesandsavingsinfinalaccountisobserved,theEngineer/Employershallbeat

liberty to restrict the final payment of BOQ items to the

lowestamountevaluatedofthebidsconsideringthefinalquantitiesandtheratesquotedinc

luding the rebates if any. Payment of variation items shall howeverbemade at the

rates approved by the Employer, within 90 days fromthephysical completion

58. Operating and MaintenanceManuals

58.1 If “as built” drawings and/or operating and maintenance manualsarerequired, the

Contractor shall supply them by the dates stated in theContract data.

58.2 IftheContractordoesnotsupplytheDrawingsand/ormanualsbythedatesstated in the

Contract data, or they do not receive the Engineer’s approval,theEngineer shall

withhold the amount stated in the Contract Datafrompayments due to

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the otherpartycauses

a fundamental breach of theContract.

59.2 Fundamental breaches of Contract include, but shall not be limited tothefollowing:

1. The contractor stops work for 28 days when no stoppage of work isshown on

the current programme and the stoppage has notbeen authorized by

2. The Engineer instructs the Contractor to delay the progress of theWorksand the

instructions is not withdrawn within 28days;

3. The Employer or the Contractor is made bankrupt or goes intoliquidation other

than for a reconstructions oramalgamation

4. A payment certified by the Engineer is not paid by the Employer

totheContractor within 56 days of the date of the Engineer’scertificate

5. The Engineer gives Notice that failure to correct a particular Defect isa

fundamental breach of Contract and the Contractor fails to correct it within a

reasonable period of time determined by theEngineer;

6. The Contractor does not maintain a security which isrequired;

7. TheContractorhasdelayedthecompletionofworksbythenumberofdays for which

the maximum amount of liquidated damages can be paidasdefined in the

Contract data;and

8. If the Contractor, in the judgment of the Employer has engaged incorruptor

fraudulent practices in competing for or in executing theContract.

For the purpose of this paragraph: “corrupt practice” meanstheoffering,

giving, receiving or soliciting of anything of value to influencetheaction of a public

official in the procurement process or in contractexecution.“Fraudulent practice”

means a misrepresentation of facts in order

toinfluenceaprocurementprocessortheexecutionofacontracttothedetrimentoftheborr

ower, and includes collusive practice among Bidders (prior to or

afterbidsubmission) designed to establish bid prices at artificialnon-

competitivelevels and to deprive the Borrower of the benefits of free andopen

59.3 WheneitherpartytotheContractgivesnoticeofabreachofcontracttotheEngineer for a

cause other than those listed under Sub Clause 59.2 above,theEngineer shall decide

whether the breach is fundamental ornot.

59.4 Notwithstanding the above, the employer may terminate the

Contractforconvenience.

60. Payment uponTermination

60.1 If the Contract is terminated because of a fundamental breach of Contractbythe

Contractor, the Engineer shall issue a Certificate for the value of thework done less

advance payments received up to the date of the issue ofthecertificate, less other

recoveries due in terms of the contract, less taxes

duetodeductedatsourceasperapplicablelawandlessthepercentagetoapplytothe work

not completed as indicated in the Contract data.Additional

LiquidatedDamagesshallnotapply.IfthetotalamountduetotheEmployerexceedsanypa

ymentduetotheContractorthedifferenceshallbeadebt payable to theEmployer.

60.2 IftheContractisterminatedattheEmployer’sconvenienceorbecauseofa fundamental

breach of Contract by the Employer, the Engineer shall issuea certificate for the

value of the work done, the cost of balance materialbrought by the contractor and

available at site, the reasonable cost of removalofequipment, repatriation of the

Contractor’s personnel employed solely onthe

works,andtheContractor’scostofprotectingandsecuringtheWorksand less advance

payment received up to the date of the certificate,

lessotherrecoveriesdueintermsofthecontractandlesstaxesduetodeductedatsource as

per applicablelaw.

61.1 All materials on the Site, Plant Equipment’s, Temporary Works and

Worksaredeemed to be property of the Employer, if the Contract is

terminatedbecauseof a Contractor’sdefault.

62. Release fromPerformance

62.1 IftheContractisfrustratedbytheoutbreakofwarofbyanyotherevent entirely outside the

control of either the Employer or the

ContractortheEngineershallcertifythattheContracthasbeenfrustrated.TheContractors

hallmaketheSitesafeandstopworkasquicklyaspossibleafterreceiving

thiscertificateandshallbepaidforallworkcarriedoutbeforereceivingit and for any

work carried out afterwards to which commitment wasmade.

F.SPECIALCONDITIONS OFCONTRACT

The Contractor shall, unless otherwise provided in the

Contract,makehisownarrangementsfortheengagementofallstaffandlabour,localoroth

er, and for their payment of housing, feeding andtransport.

The Contractor shall, if required by the Engineer, deliver totheEngineer a

return in detail, in such form and at such intervals as

theEngineermayprescribe,showingthestaffandthenumbersoftheseveralclassesoflabo

urfromtimetotimeemployedbytheContractoronthesiteandsuchother information as

the Engineer mayrequire.

64. COMPLIANCE WITH LABOURREGULATIONS

During continuance of the contact, the Contractor and hissub- contractor

shall abide at all times by all existing labour enactments andrulesmade thereunder,

regulations, notification and bye laws of the State or

centralGovernmentorlocalauthorityandanyotherlabourlaw(includingrules),

regulations,byelawsthatmaybepassedornotificationsthatmaybeissuedunder any

labour law in future either by the State or the

CentralGovernmentorthelocalauthority.Salientfeaturesofsomeofthemajorlabourlaw

sthatareapplicabletotheconstructionindustryaregivenbelow.TheContractorshallkeep

theEmployerindemnifiedincaseanyactionistakenagainsttheEmployerbythecompeten

tauthorityonaccountofcontraventionofanyofthe provisions of any Act or rules made

thereunder, regulationsornotifications including amendments. If the Employer is

payorreimburse,suchamountsasmaybenecessarytocauseorobserve,orforobservance

of the provisions stipulated in thenotifications/byelaws/Acts/Rules/regulations

including amendments, if any, on the part oftheContractor, the Engineer/employer

shall have the right to deduct anymoneydue to the Contractor including his amount

security.TheEmployer/EngineershallalsohavetherighttorecoverfromtheContractora

nysumrequiredorestimatedtoberequiredformakinggoodthelossordamage suffered by

The employees of the Contractor and the Sub-Contractor in no case

shallbetreated as the employees of the Employer at any point totime.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS

APPLICABLETO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER

CONSTRUCTIONSWORK

A) Workmen Compensation Act 1923: - The Act provides for compensationin case of

injury by accident arising out of and during the course ofemployment.

B) Payment of Gratuity Act. 1972: - Gratuity is payable to an employee undertheAct on

satisfaction of certain conditions on separation if an employeehascompleted5years’

serviceormoreondeath,therateof15dayswagesforeverycompletedyearofservice.TheActi

sapplicabletoallestablishmentsemploying 10 or moreemployees.

C) Employees P.F. and Miscellaneous Provision Act 1952: -The Act

Providesformonthly contributions by the employer plus workers @ 10% or

8.33%Thebenefits payable under the Act are:

1. Pension or family pension on retirement or death, as the case maybe.

2. Deposit linked insurance on the death in harness of theworker.

3. Payment of P.F. accumulation on retirement/deathetc.

D) Maternity Benefit Act 1951: -The Act provides for leave and someotherbenefits to

women employees in case of confinement or miscarriageetc.

E) ContractLabour(Regulation&Abolition)Act1970: - TheActprovidesforcertain

welfare measures to be provided by the Contractor to contract

labourandincasetheContractorfailstoprovide,thesamearerequiredtobeprovided,bythe

Principal Employer by Law. The principal Employer is required totakeCertificate of

Registration and the Contractor is required to take license

fromthedesignatedOfficer.TheActisapplicabletotheestablishmentsorContractorofPrinci

pal Employer, if they employ 20 or more contractlabour.

F) Minimum Wages Act 1948: -The Employer is supposed to pay not less

thantheMinimum Wages fixed by appropriate Government as per provisions of the

Act,ifthe employment is a scheduled employment. Construction of

Building,Roads,Runways are scheduledemployment.

G) Payments of wages Act 1936: -It lays down as to by what date the wages

aretobepaid,whenitwillbepaidandwhatdeductionscanbemadefromthewagesof

H) Equal remunerations Act 1979: - The Act provides for payment of equalwages for

work of equal nature to Male and Female workers and for notmaking discrimination

against female employees in the matter of transfer, trainingandpromotions etc.

I) Payments of Bonus Act 1965: - The Act is applicable to allestablishmentsemploying

20 or more employees. The Act provides for payments ofannualbonus subject to a

minimum of 8.33% of wages and maximum of 20 %

ofwagestoemployeesdrawingRs.3500/-permonthorless.Thebonustobepaidtoemployees

getting Rs, 2500/- per month or above Rs. 3500/- per month

shallbeworkedoutbytakingwagesasRs.2500/-permonthonly.TheActdoesnot

apply to certain establishments. The newly set-up establishments areexemptedfor five

years in certain circumstances. Some of the State

Governmentshavereducedtheemploymentsizefrom20to10forthepurposeofapplicability

J) Industrial Disputes Act 1947: -The Act lays down the machineryandprocedure for

resolutions of Industrial disputes, in what situations a strikeorlock-out becomes illegal

and what are the requirements for laying offorretrenching the employees or closing

down theestablishment.

K) Industrialemployment(standingOrders)Act1946: -

Itisapplicabletoallestablishments employing 100 or more workmen (employment size

reducedbysomeoftheStateandCentralGovernmentto50).TheActprovidesforlaying

down rules governing the conditions of employment by the Employer onmatters

provided in the Act and get the same certified by thedesignatedAuthority.

L) Trade Unions Act 1926: -The Act lays the procedure for registration

oftradeunionsofworkmenandemployers.TheTradeUnionsregisteredundertheAct have

given certain immunities from civil and criminalliabilities.

M) Child Labour (Prohibition & Regulation Act 1986: -The Actprohibitsemployment

of children below 14 years of age in certain occupationsandprocess and provides for

regulation of employment of children in allotheroccupations and processes.

Employment of Child labour is prohibited inBuilding and ConstructionIndustry.

N) Inter–StateMigrantworkmen’s(RegulationofEmployment &Conditionsof

service) Act 1979:- The Act is applicable to an establishment whichemploys5 or

more inter-state migrant workmen through an intermediary (whohasrecruited

workmen in one state for employment in the establishment situatedin another

state).The inter-state migrant workmen, is an establishment towhichthis Act becomes

applicable, are required to be provided certain facilities suchashousing, medical aid,

traveling expenses from home up to the establishmentandback, etc.

O) The Building and Other Construction workers (Regulation ofemploymentand

Conditions of Service) Act 1996 and the Cess Act of 1996: -Alltheestablishments

who carry on any building or other constructions workandemploy 10 or more workers

are covered under thisAct.

All such establishments are required to pay cess at the rate not exceeding 2%ofthe

cost of construction as may be modified by the government. The Employerofthe

establishment is required to provide safety measures at thebuildingorconstruction

work and other welfare measures, such as canteens, FirstAidfacilities, Ambulance,

Housing accommodations for workers near theworkplaceetc. The Employer to whom

the Act applies has to obtain a registrationcertificate from the Registering Officers

appointed by theGovernment.

P) FactoriesAct1948: -TheActlaysdowntheprocedureforapprovalofplansbefore setting

up a factory, health and safety provisions, welfareprovisions, working hours, annual

earned leave and rendering informationregarding accidents or dangerous occurrences

to designated authorities. It is applicabletopremises employing 10 persons or more

with aid of power or 20 ormorepersons without the aid of power engaged in the

manufacturingprocess.

Q) Royalty charges-The contractor shall pay the royalty to thecompetentauthority

as per rule. The royalty charges paid shall be borne bythecontractor and shall

not be reimbursed by theEmployer.

R) Following Pollution control Acts and amendments made thereoffrom time

to time shall beapplicable.

1. Water(PreservationandcontrolofPollution)Act,1974

2. Air(PreventionandControlofPollutionAct1981

3. Environmental (Protection) Act1986

The contractor must commit to adopting Environmentalmanagement plan

for best energy use, waste management, the

reductionofpollutionasinEMS(EnvironmentalManagementsystem) ISO-14001-

65. ARBITRATION (GCC Clause24)

Theprocedureforarbitrationwillbeasfollows:-

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

eitheroutside the authority given to the Engineer by the Contract or that

thedecisionwas wrongly taken, the decision shall be referred toSuperintending

Engineer (Higher Authority) (Panchayat Irrigation Circle, Gandhinagar) within

days of the notificationofthe Engineer's decision. If the issue is not resolved, any

party can referthematter for conciliation within 15 days from the decision given

#Superintending Engineer.

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

withthedecision of the #Superintending Engineer (Panchayat Irrigation Circle,

Gandhinagar), both thepartieshave to refer to the #Chief Engineer concerned

for theconciliationprocess.

(b) FortheworkmorethanRs.100Cr.,ifanyofthepartiesisnotsatisfiedwiththedecisiono

ftheSuperintendingEngineer,bothpartieshavetorefer to the #Secretary, Water

Resources Department, GovernmentofGujarat for the conciliationprocess.

If the dispute is not resolved through the conciliationprocess,contractor

may refer the dispute to Gujarat Public Works ContractDisputeArbitration

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

within 14 days of the notification of theEngineer'sdecision, the Contractor shall

not be entitled to anyadditional payment/claim if he doesn’t follow the above

sequence in stipulatedtime. However, during such period, he would not stop the

work in anycase.

ReferenceWithrespect

Item marked “N/A” do not apply to thisContract. To section3

1. The Employersis [CL.1.1]

Name:ExecutiveEngineer, S.K. Panchayat Irrigation Division, Himatnagar

Address:Jilla Panchayat, Himatnagar, Dist. Sabarkantha383001.

Name of authorized Representative (will be intimated later)

2. The Engineer isExecutiveEngineer, S.K. Panchayat Irrigation Division,

Name of Authorized Representative:Executive Engineer

3. The Defects Liability Period is 12 Monthfrom the dateofcompletion. [CL.1.1&33.1-C-2]

4. The Start Date shall be 1 days for the date of issue of theNoticeto [CL.1.1]

proceed with thework.

5. The Intended Completion Date for the whole of the works is [CL.1.1,17&2]

03 (Three) Monthsafterstartofworkwiththefollowingmilestones:

Milestonedates: [CL.2.2&49.1]

PhysicalworkstobecompletedPeriodfromthestartdate

Project Mile Cumulative Time Cumulative Percentage of Contract

Stone Limit (In Day) Value (Financial)

Milestone 1 30 Days 30 %

Milestone 2 60 Days 60 %

Milestone 3 90 Days 100 %

6. The Site is locatedatNava Simliya & KabodaraVillage, Taluka- Talod, [CL.1.1]

Dist. Sabarkantha

7. ThenameandidentificationnumberoftheContractis: [CL.1.1]

8. The works consist ofConstructing ofF.P. wall (1) Near Desai Faliyu At [CL.1.1]

Village Simliya(2) Near Overhead Water TankAt Village Jorajina

MuvadaTa. Talod, Dist :- S.K.with items as perB.O.Q. The works shall,

inter alia, include the following, as Specified or as directed:

Site clearance; setting – out and layout; Construction andMaintenanceof all types of dams

and its component, earthen dam;spillway; installation of gate; excavation and earth work,

approachroad, Inspection Bungalows, check dams, bandhara, T.R., weir, barrages,Flood

Protection & Anti Sea Erosion work, canal lining and structures, ,CD

Works,structurerepairing,Junglecutting,Desilting,etc.otherWRDworks.

(B) Road Works:

Site clearance; setting out and layout widening of existingcarriageway and strengthening

including camber corrections; construction ofnew road/ Parallel service road;

bituminouspavements remodeling/construction of Junctions, intersections, bus bays,lay-bays;

supplying and placing of drainage Channels, flumes, guard posts andguard other related

items; construction/extension of cross drainageworks, bridge, approaches and other related

stones; protective worksfor roads/bridge;allaspectsofqualityassuranceofvariouscomponentsof

the works; rectification of The defects in the completed works duringthe Defects Liability

Period; submission of “As- built’’ drawings and anyother related documents; and other item

of work as may be required tobe carriedoutforcompletingtheworkinaccordancewiththe

drawings and the provisions of the contractand to ensuresafety.

( C ) BridgeWorks

provision of foundations, piers abutments andbearing; prestressed/reinforced

cement concrete superstructure; wearingcoat, hand railings, expansion joints,

approach slabs, drainagesspouts/ down take pipes, arrangements for fixing light

posts, watermains, 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 overthe works

on completion; rectification of the defects during theDefects Liability Period and

submission of “As-built” drawings andother

relateddocuments;andotheritemsofworkasmayberequiredtobe

carriedoutforcompletingtheworksinaccordancewiththedrawings and the

provisions of the contract and to Insuresafety

(D) OtherItems [CL.1.1]

AnyOtherItemsasrequiredtofulfilallcontractualobligationsaspertheBid documents.

10. ThefollowingdocumentsalsoformpartoftheContract:

As per clause2-3 [CL.2.3(9)]

11. ThelawwhichappliestotheContractisthelawofUnionofIndia [CL.3.1]

12. ThelanguageoftheContractdocumentsisEnglish [CL.3.1]

13. Limit ofsubcontracting 25% of the Initial ContractPrice [CL.7.1]

14. The Schedule of OtherContractors [CL.8]

15. The Schedule of KeyPersonnel As per Annex – II to SectionI [CL.9]

16. The minimum insurance cover for physical property, injury [CL13]

anddeathisRs.5lakhsperoccurrencewiththenumberofoccurrenceslimitedtofour.Aft

ereachoccurrence,thecontractorwillpayanadditional premium necessary to make

insurance valid for fouroccurrencesalways.

17. Site Investigationreport [CL.14]

18. The Site Possession dates shall beFrom the Date Work order issue. [CL.21]

19. The period for submission of programme for approval of theengineershall [CL. 27.1]

be 21 days from the issue of Letter ofAcceptance.

20. The period between program updates will be 45 days. [CL.27.3]

21. The amount to be withheld for late submission of anupdatedprogramme [CL. 27.3]

shall be Rs 0.50lakhs

22. The following events shall also be CompensationEvents [CL.44]

Substantially adverse ground conditions encountered duringthecourse of

execution of work not provided for in the biddingdocument.

(i) Removal of underground utilities detectedsubsequently

(ii) Significant changes in classification of soilrequiring

additional mobilization by the contractor, e.g. ordinarysoilto

rockexcavation,

(iii) Removal of unsuitable material like marsh, debris dumps etc.

not cause by the Contractor.

(iv) Artesianconditions

(v) Seepage, erosionlandslide

(vi) River training requiring protection of permanentwork

(vii) Presenceofhistorical,archaeologicalorreligiousstructures,monuments

interfering with theworks

(viii) Restrictionofaccesstogroundimposedbycivil,judicial,ormilitaryauthorit

23. The currency of the Contract is IndianRupees [CL.46]

24. The formula (e) for adjustment of prices isas under: [CL.47]

• IfanyofthecommoditieslikeCement,SteelorBitumenarenot found applicable in

a work, the weight component ofthatcommodities {i.e. ‘Cement’ (Pc), ‘Steel’

(Ps) or ‘Bitumen' (Pb)as indicated in SBD for the purpose of Price

Adjustment} shallbeclubbed 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 ofContract

Adjustment for labourcomponent

(i) Priceadjustmentforincreaseordecreaseinthecostduetolabour shall be paid

in accordance with the followingformula:

VL = Increase or decrease in thecost of work during themonth under

consideration due to changes in ratesforlocallabour

L0=TheconsumerpriceindexforindustrialworkersfortheState on 28 days

preceding the scheduled dateofopening of technical Bids as

published byLabourBureau, Ministry of Labour, Government

Li = The consumer price index for industrial workers fortheState for the

month under consideration as publishedbythe Labour Bureau,

Ministry of Labour, GovernmentofIndia.

Pl = Percentage of labour component of thework.

Adjustment for cementcomponent.

(ii) Prices adjustment for increase or decrease in the costofcement

procured by thecontractor

Vc=Increaseordecreaseinthecostofworkduringthemonth under

consideration due to changes inratesforcement.

C0 = The allIndia wholesale price index forOrdinaryPortland Cement on

28 days precedingthescheduled date of opening of technical

bidaspublished by the Office of the EconomicAdviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce &Industry.

Ci = The all India average wholesale price index forOrdinaryPortland

Cement for the month under considerationaspublished by

Office of the EconomicAdviser, Department for Promotion

of Industry andInternal Trade, Ministry of Commerce

Pc = Percentage of cement component of thework

(iii) Adjustment for steelcomponent

(iii) Priceadjustmentforincreaseordecreaseinthecostofsteelprocuredbythecontractor shall

be paid in accordance with the followingformula

Vs= Increase or decrease in the cost of work during the monthunderconsideration due

to changes in the rates forsteel

So= The all India wholesale price index for steel (Mild Steel - Long Products

Rebars)on28daysprecedingthedateofopeningofBidsaspublishedbytheOffice of the

Economic Adviser, Department for Promotion of IndustryandInternal 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 publishedbyOffice of the

Economic Adviser, Department for Promotion of IndustryandInternal Trade,

Ministry of Commerce &Industry.

Ps = Percentage of steel component of thework

Note : For the application of this clause, the index of Mild Steel-Long

products Rebars has been chosen to represent the steelgroup.

(iv) Adjustments of bitumencomponent

(iv) Priceadjustmentforincreaseinthecostofbitumenshallbepaidin accordance

with the followingformula

Vb = Increase or decrease in the cost of work during the

monthunderconsideration due to changes in rates forbitumen.

Bo = The official retail price of bitumen at the IOC depot at

thenearestcentreontheday28dayspriortothescheduleddateofopeningoftechni

Bi = The official retail price of bitumen of IOC depot at thenearestcentre

for the 15th day of the month underconsideration.

Pb = Percentage of bitumen component of thework

(v) Adjustment of POL (fuel and lubricant)component

(v) Price adjustment for increase or decrease in cost of POL (fuel

andlubricant) shall be paid in accordance with the followingformula

Vf= Increase or decrease in the cost of work during the

monthunderconsideration due to changes in rates for fuel andlubricants.

Fo= The official retail price of High-Speed Diesel (HSD) at

theexistingconsumerpumpsofIOCatthenearestcentreontheday28priortothe

date of opening ofBids.

Fi = The official retail price of HSD at the existing consumer pumpsofIOC

at the nearest centre for the 15th day of the month of theunderconsideration.

Pf = Percentage of fuel and lubricants component of thework

Note: For the application of this clause, the price of High-Speed diesel Oilhasbeen

chosen to represent the fuel and lubricantsgroup.

(vi) Adjustment for ConstructionMachinery

(vi) Price adjustment for increase or decrease in the cost of plantandMachinery

spare procured by the Contractor shall be paidin accordance with the

followingformula

Vp= Increase or decrease in the cost of work during the

monthunderconsiderationduetochangesinratesforplantandmachineryspares

P0 = The allIndia wholesale price index for manufacturerofmachinery for

mining, quarrying and Construction for themonthunder consideration as

published Office of the EconomicAdviser, Department for Promotion of

Industry and InternalTrade,Ministry of Commerce &Industry.

Pi = The all India average wholesale price index for manufacturerof

machinery for mining, quarrying and Construction for themonthunder

consideration as published Office of the EconomicAdviser, Department

for Promotion of Industry and InternalTrade,Ministry of Commerce

Pp= Percentage of plant and machinery spares component of thework.

Note: For the application of this clause, index of Heavy Machinery andpartshas

been chosen to represent the Plant and Machinery Sparesgroup

(vii) Adjustment of another materialsComponent

(vii) Price adjustment for increase or decrease in cost of localmaterialsother than

cement, steel, bitumen and POL procured by thecontractor shall be paid in

accordance with the followingformula

Vm = Increase or decrease in the cost of work during the

monthunderconsideration due to change in rates for local materials

otherthancement, steel, bitumen andPOL.

M0=TheAllIndianwholesalepriceindex(allcommodities)on28days preceding

the scheduled date of opening of technical

Bids,aspublishedbytheOfficeoftheEconomicAdviser,DepartmentforPro

motion of Industry and Internal Trade, Ministry of Commerce

(viii) &Industry.

Mi= The All India wholesale price index (all commodities) forthemonth

under consideration as published by the Office oftheEconomic Adviser,

Department for Promotion of Industryand Internal Trade, Ministry of

Commerce &Industry.

Pm = Percentage of local material components (other thancement, steel,

bitumen and POL) of thework.

The following percentage will govern the price adjustment

fortheentirecontract:

1 Labour(PL) 27.11 %

2 Cement(Pc) 11.73 %

3 Steel(PS) 05.26 %

5 Plant & Machinery(PP) 07.04 %

6 Other Material(PM) 28.09 %

Note: -The price adjustment as per clause-47 will be decided at the time of

estimation of actual work.

25. The proportion of payments retained (retention money) shall be 6% {CL.48}

from each bill subject to a maximum of 5% of final contractprice.

26. Amount of Liquidated damagesfor For Whole of work{CL.49} delay

in completion ofworks (1/2000)th of the Initialcontract

price, rounded off to

thenearestThousand, per day.

Forsectional Completion (wherever

item6ofContractdata)(1/2000)thofinitial

contract price for #5km Section,

rounded off to thenearestthousand

27. Maximum limit of liquidateddamages 10 percent of theInitial {CL. 49}

For delay in completionwork Contract Price rounded offto

the nearestthousand

28. Amount of Bonus for earlycompletion Amount of bonus forearly

completionofworkshallbegivenas

per CL.50 ofSection-3

29. Maximum limit of bonus forearly 5percentoftheContract{CL.50}

Completion ofwork Price

30. The amount of the advance payment are: {CL. 51 &52}

(ix) #Nature ofAdvances

Amount(Rs.)Conditionsto

i Mobilization 10% of thecontract Onsubmissionofunconditional

Price Bank Guarantee. (to bedrawn

before the end of 20% ofthecontract

period). Thecontractor

mayfurnishfourbankguaranteesof

% of each valid for thefullperiod.

ii Equipment 90% for new and After equipment is brought

50%ofdepreciated value tosite(provided the

forold equipment. Engineerissatisfied That the

Totalamountwill be subject equipmentisrequired for

toa maximum of 5% performance ofthecontract) and on

oftheContractPrice submissionofunconditional Bank

Guaranteeforamount ofadvance

iii Secured Deleted

(TheadvancepaymentwillbepaidtotheContractornolaterthan28daysafterfulfilment of the

aboveconditions).

31. Repayment of advance payment for mobilization and equipment {CL.51.3}

Theadvanceloanshallberepaidwithpercentagedeductionfromtheinterimpayments

certified by the Engineer under the Contract. Deductionshall commence in the next

Interim Payment Certificate following that in whichthe

total of all such payments to the Contractor has reached not less than 20percent of the

Contract Price or 6 (six) months from the date of payment offirst installment of

advance, whichever period concludes earlier, and shall be madeatthe rate of 20 percent

(collectively for both Mobilization AdvanceandEquipment Advance) of the

amounts of all Interim Payment Certificateuntil

suchtimeastheloanhasbeenrepaid,alwaysprovidedthattheloanshallbecompletely repaid

prior to the expiry of the original time for completionpursuant to Clause 17 and28.

33. The securities shall be for the following minimum amounts equivalent {CL.52} As

a percentage of the ContractPrice:

Performance Security for 5 percent of contract price plus Rs. …………….. (tobe

decidedafterevaluationofthebid)asadditionalsecurityintermsofITBClause29.5

ThestandardformofPerformancesecurityacceptabletotheEmployershallbeanuncondition

alBankGuaranteeofthetypeaspresentedinSection8oftheBiddingDocuments.

34. The Schedule of Operating and maintenanceManuals…. 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 thewholeor section

of the work, as the case maybe.

36. Theamounttobewithheldforfailingtosupply“asbuilt”drawings{CL.58}by the Date

requiredis Rs 0.50Lakhs.

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 ofGCC”

38. The percentage to apply the value of the work not completed representing {Cl60} the

Employer’s additional cost for completing the Works shall be 20 percent.

TECHNICALSPECIFICATION

(Attached SeparatelyInAnnexure - 1)

Description of theWorks:

1. WeoffertoexecutetheWorksdescribedaboveandremedyanydefectsthereinin conformity

with the conditions of Contract, specification, drawings, Bill ofQuantitiesand Addenda

for the sum (s)of

2. We undertake, if our Bid is accepted, to commence the Works as soon

asisreasonablypossibleafterthereceiptoftheEngineer’snoticetocommence,andto complete

the whole of the Works in the Contact within the time stated inthedocument.

3. WeagreetoabidebythisBidfortheperiodof120Daysfromthedatefixedforreceivingthesame,an

ditshallremainbindinguponitandmaybeacceptedatanytime before the expiration of

4. UnlessanduntilaformalAgreementispreparedandexecutedthisBid,togetherwithyourwrittena

cceptancethereof,shallconstituteabindingcontractbetweenus.

5. Weunderstandthatyouarenotboundtoacceptthelowestoranytenderyoumay receive.

-------dulyauthorizedtosignbidsforandonbehalfof-----------------------------------

(in block capitals ortyped)

BILL OFQUANTITIES

BILL OFQUANTITIES

1. The bill of Quantities shall be read in conjunction with the Instructions

toBidder,Conditions of Contract, Technical Specifications andDrawings.

2. ThequantitiesgivenintheBillofQuantitiesareestimatedandprovisional,andare given to

provide a common basis for bidding. The basis of payment will betheactual quantities

of work ordered and carried out, as measured by

theContractorandverifiedbytheEngineerandvaluedattheratesandpricestenderedinthepric

ed Bill of Quantities, where applicable, and otherwise at such rates andpricesas the

Engineer may fix within the terms of theContract.

3. TheratesandpricestenderedinthepricedBillofQuantitiesshall,exceptinsofar as it is

otherwise provided under the Contract, include all c o n s t r u c t i o n a l plant, layout,

supervision, materials, erection, maintenance, insurance,profit, taxes and duties,

together with all general risks, liabilities and obligations setout or implied in

4. The rates and prices shall be quoted entirely in IndianCurrency.

5. A rate or prices shall be entered against each item in the Bill

Quantities,whetherquantities are stated or not. The cost of Items against which

hasfailedtoenterarateorpriceshallbedeemedtobecoveredbyotherratesandpricesentered in

the Bill of Quantities (in case of Item ratecontract).

6. The whole cost of complying with the provisions of the Contract shall beincludedin

the items provided in the priced Bill of Quantities, and where no

Itemsareprovidedthecostshallbedeemedtobedistributedamongtheratesandpricesentered

for the related items ofWork.

7. General direction and descriptions of work and materials are notnecessarilyrepeated or

summarized in the Bill of Quantities. References to therelevant

sectionsofthecontractdocumentationshallbemadebeforeenteringratesorprices against

each item in the Bill ofQuantities.

8. The method of completed work of payment shall be in accordance

withthespecification for Road and Bridge works. For building works

specificationsforbuilding are to befollowed.

9. ErrorswillbecorrectedbytheEmployerforanyarithmeticerrorspursuantto

Clause 29 of the Instructions toBidder.

10. Rockisdefinedasallmaterialswhich,intheopinionoftheEngineer,requiredblasting, or the

use of metal wedges and sledgehammers, or the useofcompressed air drilling for its

removal, and which cannot be extracted byripping with a tractor of at least 150 kw

with a single rear mounted heavy dutyripper.

(A) Percentage Rate Tender (Up to INR 50 Cr.)

DescriptionofItem(withbriefspe

cification and referenceto book Quantity Unit Amount

ofspecifications)

Attached Separately inAnnexure -

I/We am/are willingtocarryout theworkat…......................%above/below percent

(Shouldbewritteninfiguresandwords)oftheestimatedratementionedabove. Amountofmy/ourtender

works out asunder.

Estimated amount put totender Estimated amount put totender

Deduct………%below Add………%Above

Inwords Inwords

(B) For Item Rate Tender (For above INR 50Cr.):

Item Description ofItem(with Quantity Unit Rate Amount

No briefspecificationandrefe

rencetobookof Infigur InWor

specifications) es ds

(A) Total TenderedAmount

(B)Rebateonabovetenderedamount(ifany)%(infigure)………………………………

(C)NetTenderedAmount(A-B)(infigure)………………………………

1 The Contractor shall exhibit a board with brief details of work as directed bytheEngineer-In-

Charge for which no extra payment shall bemade.

2 Thelabourcesswillbedeductedasperprevailingrulesi.e. 1%oftheworkdone.

3 GSTandIncometaxTDSwillbedeductedatasourcewhilemakingpaymentsofbills

4 In all R.C.C. Items in Rate Analysis Standard Cement Consumption has been taken

asperGovt. G.R. NO.: MIS102010/17/K1 Dated:30/07/2018 as stated in S.O.R. therefore

R.C.C. items where there is a change as per actual mix design the cost of

differenceofcementconsumptionhavebeendeductedfromtherateoforiginalitemattherateofinput

rate mentioned in all thetender.

SECURITIES AND OTHERFORMS

BID SECURITY (BANKGUARANTEE)

WHEREAS, ---------------------------------------- (name of Bidder) (hereinafter

calledthe“The Bidder”) has submitted his bid Dated ------------------------ (Date)

fortheconstruction of ------------- (Name of Contractor hereinafter called “the Bid”)

KNOWALLPEOPLEbythesepresentsthatWe-------------------------------------------------

(name of Bank) of-----------------------------------------------(name of country) having us

registeredoffice at -------------------------------------------------------(hereinaftercalled

“Thebank”)areboundunto--------------------------------------------(nameofEmployer)

(hereinafter called “The Employer”) in the sum of ------------------------------------------*

forwhichpaymentwellandtrulytobemadetothesaidEmployertheBankitself,hissuccessors and

assigns by thesepresents.

SEALEDwiththeCommonSealofthesaidBankthis----------------------day of ------------------20

THE CONDITIONS of these obligationsare:

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

Bidvalidityspecified in the Form ofBid;

(2) If the Bidder has been notified of the acceptance of his bid by theEmployerduring

the period of BidValidity:

A Fails or refuses to execute the Form of Agreement in accordance

withtheInstructions to Bidders, if required;or

B. FailsorrefusetofurnishthePerformanceSecurity,inaccordancewiththeInstructions to

C. does not accept the correction of the Bid Price pursuant to Clause27(Correction

WeundertaketopaytotheEmployeruptotheaboveamountuponreceipt of his

first written demand, without the employer having tosubstantiatehis demand,

provided that in his demand the Employer will note that

theamountclaimedbyhimisduetohimowingtotheoccurrenceofoneoranyofthe three

conditions, specifying the occurred conditions orconditions.

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

intheInstructions to Bidders or as it may be extended by the Employer, notice

ofwhichextension (s) to the Bank is hereby waived. Any demand in respect

ofthisguarantee should reach the Bank not later than the abovedate

(Signature, name andaddress)

*TheBiddershouldinserttheamountoftheguaranteeinwordsandfiguresdenominatedinIndi

anRupees.Thisfigureshouldbethesameasshownin Clause 16.1(Bid Security) of the

Instructions toBidders.

**45 days after the end of the validity period of the Bid. Date should beinserted by

the Employer before the Bidding documents areissued.

PERFORMANCESECURITY

contractor) (hereafter called “the Contractor”) has undertaken, in pursuanceofContracts

---------(nameofContractandbriefdescriptionofWorks)(hereinaftercalled“The Contract”)

AND WHEREAS it has been stipulated by you in the said Contract

thattheContractor shall furnish you with a Bank Guarantee by a recognized bank for

thesum specified therein as security for compliance with his obligation in

accordancewiththeContract.

ANDWHEREASwehaveagreedtogivetheContractorssuchabankGuarantee:

NOWTHEREFOREweherebyaffirmthatwearetheGuarantorandresponsibletoyouonbehalfof

theContractor, uptoatotalof------------------------------------------

(amount of guarantee)* ----------------------------- (in words), such sum being payablein

typesandproportionsofcurrenciesinwhichtheContractpricesispayable,andweundertaketopay

you,uponyourfirstwrittendemandandwithoutcavilorargument, any sum or sums within the

limits of---------------------------------------- (amount of guarantee) as aforesaid without your

needing to prove or toshow grounds or reasons for your demand for the sum

specifiedtherein.

We hereby waive the necessity of your demanding the said debt from thecontractorbefore

presenting is with thedemand.

We further agree that no change or addition to or other modification of the

termsoftheContracttooftheWorkstobeperformedthereunderorofanyoftheContract

documentswhichmaybemadebetweenyourandtheContractorshallinanywayrelease us from

any liability under this guarantee, and we hereby waive notice ofanysuch charge, addition

ormodifications.

Thisguaranteeshallbevaliduntil60daysfromthedateofexpiringoftheDefect

Liabilitiesperiod.

SignatureandSealoftheguarantor----------------------------- Name

*An amount shall be inserted by the Guarantor, representing the percentagetheContract

price specified in the Contract denominated in IndianRupees.

(xi) ADDITIONAL PERFORMANCESECURITY

[Clause 34.1.(A)]

contractor) (hereafter called “The Contractor”) has undertaken, in pursuanceofContracts

--------- (Name of Contract and brief description of Works) (hereinafter called“The

AND WHEREAS it has been stipulated by you in the said Contract

thattheContractor shall furnish you with a Bank Guarantee by a recognized bank for the

sum specified therein as security for compliance with his obligation in

accordancewiththeContract.

ANDWHEREASwehaveagreedtogivetheContractorssuchabankGuarantee:

NOWTHEREFOREweherebyaffirmthatwearetheGuarantorandresponsibletoyouonbehalfof

theContractor,uptoatotalof------------------------------------------

(amount of guarantee) ----------------------------- (in words), such sum being payablein

typesandproportionsofcurrenciesinwhichtheContractpricesispayable,andweundertaketopay

you,uponyourfirstwrittendemandandwithoutcavilorargument, any sum or sums within the

limits of---------------------------------------- (amount of guarantee) as aforesaid without your

needing to prove or toshow grounds or reasons for your demand for the sum

specifiedtherein.

We hereby waive the necessity of your demanding the said debt from thecontractor before

presenting is with thedemand

We further agree that no change or addition to or other modification of the

termsoftheContracttooftheWorkstobeperformedthereunderorofanyoftheContract

documentswhichmaybemadebetweenyourandtheContractorshallinanywayrelease us from

any liability under this guarantee, and we hereby waive notice ofanysuch charge, addition

ormodifications.

Thisguaranteeshallbevaliduntil28daysfromthe project ompletiondate.

SignatureandSealoftheguarantor----------------------------- Name of

BANK GUARANTEE FOR ADVANCEPAYMENT

InaccordancewiththeprovisionsoftheConditionsofContract,sub-clause

51.1 (“Advance Payment”) of the above-mentioned Contract,-------------------------------

------------------- (name and address of Contractor) (hereinafter called “the

(nameofEmployer) a bank guarantee his proper and faithful performance under

thesaidClauseoftheContractinanamountof---------------------------(amountofGuarantee)*-

We, the---------------------------------- (bank of financial institution), asinstructedby

the Contractor, agree unconditionally and irrevocably to guarantee

asprimaryobligatorandnotasSuretymerely,thepaymentto----------------------------------------

(nameofEmployer)onhisfirstdemandwithoutwhatsoeverrightofobligationonourpartandwith

outhisfirstclaimtotheContractor,intheamountnotexceeding---

We further agree that no change or addition to or other modifications of the termsofthe

Contractor or Works to be performed thereunder or of any of theContract documents

which may be made between ---------------------------------

(nameofEmployer)andtheContractor,shallinanywayreleaseusfromanyliabilityunderthisguar

antee,andweherebywaivenoticeofanysuchchange,additionormodifications.

This guarantee shall remain valid and in full effect from the date

oftheadvancepaymentundertheContractuntil--------------------------------------

(nameofemployer) receives full repayment of the same amount from thecontractor.

Signature andSeal

Name of Bank/ FinancialInstitution

*AnamountshallbeinsertedbythatBankorFinancialInstitutionrepresentingtheamount of the

Advance Payment, and denominated in IndianRupees.

Letter ofAcceptance

(Letter head paper of theEmployer)

(Name and address of theContractor)

This is to notify you that your Biddated for

executionofthe (Name of the

contract and identification number, as given in the Instructions to Bidders) for the Contract

Price ofRupees ( ) (amount in

words and figures) as corrected and modified in accordance with the Instructions

to Bidders* is hereby accepted by ouragency.

Youarerequestedtofurnishperformancesecurity,intheformdetailedinpara 34.1 of

ITB for an amount equivalent toRs. within10 days of thereceipt

ofthisletterofacceptanceuptobeyond60daysfromthedateofexpiryofdefectsLiability period

i.e. upto and the Additional Performance Security

foranamount equivalent toRs. shall be valid beyond 28 (twenty-eight)daysofProject

Completion Date i.e. upto and sign the contract, failing

whichaction as stated in Para 34.3 of ITB will betaken.

YoursFaithfully

AuthorizedSignatureNamea

ndtitleofSignatoryName

*Delete“Correctedand”orandmodifiedifonlyoneoftheseactionsapplies.Deleteascorrected and

modified in accordance with the Instructions to Bidders, if correctionsormodifications have

not beenaffected.

Issue of Notice to proceed with thework

(Letterhead of theEmployer)

(Name and address of theContractor)

Pursuant to your furnishing the requisite security in ITB Clause

34.1andsigning of the Contract for the constructionof

at a bid Price ofRs.

Youareherebyinstructedtoproceedwiththeexecutionofthesaidworksin accordance with the

contractdocuments.

Yoursfaithfully

(Signature,nameandtitleofsignatoryauthorizedTo sign

on behalf ofEmployer)

This agreement, made on the day of between

(nameandaddressofEmployer) (Hereinafter called “the Employer)

and (name and address

ofcontractor) hereinafter called “the Contractor” of theother part.

Whereas the Employer is desirous that the Contractorexecute

Name and identification number of contract (hereinafter called “the works”) andthe

employer has accepted the Bid by the Contractor for the execution and completionofsuch

works and the remedying of any defects therein, at a cost ofRs.

NOW THIS AGREEMENT WITNESSETH ASFOLLOWS

1. In this Agreement, words and expression shall have the same meanings

asarerespectively assigned to them in the conditions of contract hereinafter

referredtoandtheyshallbedeemedtoformandbereadconstruedaspartofthisAgreement.

2. In Consideration of the payment to be made by the Employer to the

contractorashereinafter mentioned, the Contractor hereby covenants with the

Employertoexecutive and complete the works and remedy any defects therein in

conformity in all aspects with the provisions of thecontracts.

3. TheemployerherebycovenantstopaytheContractorinconsiderationoftheexecutionandco

mpletionoftheworksandtheremedyingthedefectswherein contract price or such other

sum as may become payable under the provisionsofthe Contract at the times and in the

manner prescribed by thecontract.

4. The Following documents shall be deemed to form and be ready and construedaspart

of this Agreementviz

i) letter ofAcceptance

ii) Notice to proceed with theworks:

iii) Contractor’sBid

iv) Conditions of contract: General andSpecial

v) ContractData

vi) Additionalconditions

viii) Bill of Quantitiesand

ix) Any other documents listed in theContract

data as forming part of theContract.

In witness whereof the parties there to have caused this Agreement tobeexecuted the

day and year first beforewritten

The Common sealof

Was hereunto affixed in the presence of:

Signed, sealed and Delivered by thesaid

In the presenceof

Binding signature ofEmployer

Binding Signature ofContractor

SAMPLEFORMATFOREVIDENCEOFACCESSTOORAVAILABI

LITY OF CREDITFACILITIES

(CLAUSE4.5.6OFITB)BA

This is to certify thatM/s. is a reputed companywith a

good financialstanding.

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

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

Rs. to meet theirworking capital requirementsfor executing theaboveduring the

contractperiod.

Name ofBankSenior BankManager

AddressoftheBank

(For Investment)

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

minimum cashupto 25% of the value of the work during implementation of thecontract.

(Signed by an Authorized officer of thefirm)

Title ofofficer

I,theundersigneddoherebyundertakethatourfirmM/s……………………………………

……………..……………………………….. agree to abide by this bid for a

period165daysfordatefixedforreceivingthesameanditshallbebindingonusandmaybeacceptedat any

time before the expiration of thatperiod.

(SignedbyanAuthorizedofficerofthefirm)

Title ofofficer

(Attached Separately In Annexure - 3)

DOCUMENTS TO BE FURNISHED

64Documents Submit By Bidder along with tender documents

(Also Upload along online during Bid Submission)

Sr. No. Name of Documents. Reference Clause. Format

1 Bid Document Fee/Tender Fee As per NIT -

Bid Security / EMD or Valid EMD

As per Table of IFB

Exemption Certificate or in terms of Bank

Refer clause no. 16 for

2 guarantee (valid 180 days from the date of bid -

provision of Bank

submission) of Appropriate Class of

Registration of Approved Contractors

3 Registration Certificate of Appropriate Class As per NIT -

4 GST Number and Pan card As per NIT -

Undertaking for Engaging Technical Staff & 95 (Section

Machineries 10)

Information regarding any litigation in which 96 (Section

the applicant is involved 10)

Last 5-Years Turn Over (year wise) for Civil

Engineering Works certified by CA (for Bid

Capacity Evaluation) (Section 10)

Details of civil engineering works completed

in last 5 financial year

Details of “works on hand” and “works

tendered by bidder, found lowest (l1) & works 99 (Section

likely to be awarded (for Bid Capacity 10)

Affidavit (Notarized on Rs. 300 Stamp paper) -

The Applicant should give undertaking that he

has access to, or has available, liquid assets

10 and / or credit facilities up to 25 percent of the As per NIT

value of the contract/ contracts applied. As per

Prescribed Proforma.

UNDERTAKING FOR ENGAGING TECHNICAL STAFF &

Business (Name of Firm)

Hereby declare, that if our offer for the work of

would accepted by the competent authority &Awarded to us, I/We will engage & employ

the technical staff and machineries on site of work, required to complete the work

successfully within time limit.

Signature of Bidder

Place:-………………………

INFORMATION ON LITIGATION HISTORY

OtherParty(i Employer Causeof Amount Remarksshowing

es) Dispute Involved PresentStatus

1. Describe Company’s history of litigation or arbitration from contract executed in the

last ten years or currently under execution. Please indicate for each case the year, name

of employer, cause of litigation, matter in dispute, disputed amount, and whether the

award was for or against the company.

2. Please add any further information that you may consider to be relevant to the

evaluation of your application. If you wish to attach other documents, please list

DETAILS OF LAST FIVE YEAR’S CIVIL ENGINEERING WORKS

2 Name of Partner/ Director

3 Turnover for the Last Five Years,

the Contract Receipts of Civil

Engineering works.

Sr. Year Multiplying Annual Turnover (Rs in Lakhs)

(Stamp of Charted Accountant)

Unique Document Identification

DETAILS OF CIVIL ENGINEERING WORKS COMPLETED IN LAST 5 FINANCIAL YEAR

Project Name Name of the Description of work Contract Value of Date of Stipulated Actual Remark

Employer No. contract (Rs. issue of period of date of explaining

Crore) work completion completi reasons for

order on* delay &

DATE: SIGNATUREOFBIDDER

1. Bidder shall also attach completion certificate (preferably in form-3A) for all the works listed in above table.