Supply of different types of Spares for Pole and Gantry motifs with one year of DLP at Ekta Nagar on as and when required basis.

experience of execution of all major items of work under the proposed contract. In case a project

has been executed by a joint venture, weight towards experience of the project would be given to

each joint venture in proportion to their financial participation in the joint venture. if work executed

jointly otherwise as per the scope of work define in Joint Venture agreement.

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 to the last date of submission is 90 % or

more of the original contract price) and continuing satisfactorily.

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

incorporating clearly the name of the work, contract value, billing amount, date of commencement

of works, satisfactory performance of the contractor and any other relevant information. (the

experience certificate should be signed by the officer not below the rank of EE)

4.5.4. Personnel Capabilities.

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

4.5.5. Equipment Capabilities

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

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

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

construction planning and methodology supported with layout and necessary drawings and calculations

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

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

given production capacity to match the requirements.

4.5.6. Financial Position

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

of working capital, cash in hand and uncommitted bank guarantees) and / or credit facilities up to

percent of the value of the contract / contracts applied.

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

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

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

applicant’s bankers.

4.5.8. Litigation History

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

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

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

4.5.9. Disqualification

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

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

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

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

or financial failure due to bankruptcy. The rescinding of contract of a joint venture on account of reasons

other than non – performance, such as Most Experienced partner of joint venture pulling out, court

directions leading to breaking up of a joint venture before the start of work, which are not attributable

to the poor performance of the contractor will, however, not affect the qualification of the individual

4.5.10. The bidder who have applied for corporate Debt Restructuring (CDR) / facing recovery proceedings

from financial institutions / facing winding up processing / those under BIFR in the last 5 financial year

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

proposal of debt restructuring on or before the last date of online submission, the same shall be

considered for further evaluation. An affidavit by bidder along with certificate from bank must be

produced in such cases. In case of Joint Venture agreement, this provision shall be applicable for both

lead partner and JV partner.

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

(Applicable only for estimated project cost of 50 Crore and above)

4.6.1. Joint ventures must comply with the following requirement:

(a) Following are the minimum qualification requirements:

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

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

of the other joint venture partners shall be considered if it is not less than 30 percent of the qualifying

criteria in para 4.5.3 &4.5.6 above.

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

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

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

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

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

may qualify if they meet all the qualification requirements, subject to the written approval of the

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:

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

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

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

the completed as well as works in Progress.

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

be completed during the next 12 (Twelve) months ( period of completion of

work for which bids are invited );

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

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

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

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

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

proof the qualification requirements; and / or

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

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

- Participated in the previous bidding for the same work and had quoted unreasonably high bid prices

and could not furnish rational justification to the employer.

5. One bid per bidder

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

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

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

6. Cost of Bidding

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

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

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

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

entering into a contract for construction of the Works.

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

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

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

with Clause 10:

Particulars Volume

- Invitation for Bids

1) Instructions to Bidders

2) Qualification Information, and other forms I

3) Conditions of Contract

4) Contract Data

5) Technical Specifications II

7) Bill of Quantities III

8) Securities and other forms

10) Documents to be furnished by bidder V

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

to Section 2 will be prepared by him and furnished as Volume- V in two parts (refer Clause 12).

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

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

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

to Clause 26 hereof, bids which are not substantially responsive to the requirements of the Bid

Documents shall be rejected.

9. Clarification Bidding Documents

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

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

will respond to any request for clarification which he received earlier than 15 Days prior to the deadline

for submission of bids. Employer’s response will be published on website including a description of the

enquiry but without identifying its source.

9.2. Pre-bid meeting

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

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

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

raised at that stage.

9.2.3. The bidder shall be required to submit any questions in writing or e-mail to reach the Employer not later

than 03 days before the meeting.

9.2.4. Minutes of the meeting, including the question raised (Without identifying the source of enquiry) and

the responses given will be published without delay on the tender website i.e. www.nprocure.com Any

modification of the bidding documents listed in sub-Clause 8.1 which may become necessary as a result

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

pursuant to Clause 10 and not through the minutes of the pre-bid meeting.

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

10. Amendment of Bidding Documents

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

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

responsibility for the same.

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

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

in accordance with Sub-Clause 20.2 below.

C. PREPARATION OF BIDS

11. Language of the Bid

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

12. Documents Comprising the Bid

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

separate parts:

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

(i) Bid Security in the form specified in Section

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

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

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

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

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

(i) Form of Bid as specified in Section

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

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

and must be submitted online only.

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

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

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

Quantities submitted by the Bidder.

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

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

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

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

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

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

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

the time limit and Bid Amount)

14. Currencies of Bid and Payment

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

be made in Indian Rupees.

15. Bid Validity

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

specified in Clause

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

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

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

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

and in compliance with Clause 16 in all respects.

16. Bid Security

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

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

Appendix and may be in one of the following forms;

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

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

Schedule and Private Banks shall be considered as per GoG Finance Department’s Circular No.

FD/MSM/e-file/4/2025/2712/DMO Date 01/04/2026 or as per their latest amendment.

(b) Fixed Deposit Receipt issued by any Scheduled Indian Bank or a foreign Bank approved by the Reserve

A Valid Bid Security / EMD Exemption Certificate issued by (1) Road & Building Department or (2)

Narmada Water Resources, Water Supply and Kalpsar Department of Govt of Gujarat. Exemption

Certificate is applicable only when Registration Certificate of Appropriate Class and Category of

Approved Contractors is required as eligible criteria of bidder.

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

for 45 days beyond the validity of the bid i.e. total validity of 120+45 = 165 Days.

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

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

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

period specified in Sub-Clause

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

and furnished the required Performance Security.

16.6. The bid Security may be forfeited

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

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

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

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

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

times within the validity period for negotiation, If contractor does not respond in time, his Bid Security

(EMD) will be forfeited and his tender will be rejected. Punitive action will be taken on such

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

17. Alternative Proposals by Bidders.

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

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

design as indicated in the drawing and specifications. Conditional offers or alternative offers will not

be considered further in the process of tender evaluation.

18. Format and Signing of Bid

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

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

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

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

than the date indicated in appendix.

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

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

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

22. Modification and Withdrawal of Bids

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

pursuant to Clause

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

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

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

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

E. BID OPENING AND EVALUATION

23. Bid Opening

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

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

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

of Bid opening being declared a holiday for the Employer, the Bids will be opened at the appointed time

and location on the next working day.

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

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

period as specified in the invitation for bid (ref. Column 4 and Paragraph 3), and has not been furnished

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

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

security will be taken up for evaluation with respect to the Qualification information and other

information furnished in Part-I of the bid pursuant to Clause 12.1.

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

any required clarification.

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

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

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

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

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

Bidders’ names, the Bid prices, the total amount of each bid, any discount and such other details as the

Bidders’ names, the Bid prices, the total amount of each bid, any discount and such other details as the

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

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

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

Bidders’ names, the Bid prices, the total amount of each bid, any discount, and such other details as the

Bidders’ names, the Bid prices, the total amount of each bid, any discount, and such other details as the

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

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

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

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

present in accordance with Sub-Clause 23.6.

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

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

officially concerned with such process until the award to the successful Bidder has been announced.

Any effort by Bidder to influence the Employer’s processing of Bids or award decisions may result in

the rejection of his Bid.

25. Clarification of Financial Bids

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

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

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

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

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

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

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

the Employer, it should do so in writing.

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

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

26. Examinations of Bids and Determination of Responsiveness

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

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

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

document. During the detailed evaluation of the “Financial Bid”, the responsiveness of the bids will be

further determined with respect to the remaining bid conditions, i.e., priced bill of quantities, technical

specifications, and drawings.

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

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

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

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

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

unfairly the competitive position of other Bidders presenting substantially responsive Bids.

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

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

29. Evaluation and Comparison of Financial Bids

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

accordance with Sub-Clause 26.2.

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

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

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

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

during the period of implementation of the Contract, will not be taken in to account in Bid evaluation.

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

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

detailed consistency of those prices with the construction methods and schedule proposed. After

evaluation of the price analyses, the Employer may require that the amount of the performance security

set forth in Clause 34 be increased at the expense of the successful /bidder to a level sufficient to protect

the Employer against financial loss in the event of default of the successful Bidder under the Contract.

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

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

F. AWARD OF CONTRACT

31. Award Criteria

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

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

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

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

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

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

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

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

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

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

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

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

33. Notification of Award and Signing of Agreement

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

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

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

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

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

Contract called the “Contract Price”).

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

a performance security in accordance with the provisions of Clause.

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

be signed by the Employer and to the successful Bidder, within 28 days following the notification of

award along with the Letter of Acceptance. Within 21 days of receipt, the successful Bidder will sign

the Agreement and deliver it to the Employer.

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

notify the other Bidders that their Bids have been unsuccessful.

34. Performance Security

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

Employer an irrevocable and unconditional guarantee from a Bank in the form set forth in Section-8

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

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

the Authority an irrevocable and unconditional guarantee from a Bank in the same form given at Section

8 towards an Additional Performance Security (The “Additional Performance Security”) for an amount

calculated as under:

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

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

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

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

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

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

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

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

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

(B) The Performance Security shall be valid beyond 60(sixty) days from the stipulated date of completion

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

Project Completion Date.

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

shall be issued either (a) at the Bidder’s option, by a Nationalized/Scheduled Indian bank or (b) by a

foreign bank located in India and acceptable to the Employer. As per GoG Finance Department’s

Circular No. FD/MSM/e-file/4/2025/2712/DMO Date 01/04/2026 or as per their latest amendment.

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

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

35. Advance Payment and Security

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

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

37. Corrupt of Fraudulent Practices

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

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

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

Highways Authority of India/ State PWD and any other agencies, if it at any time determines that the

firm has engaged in corrupt or fraudulent practices in completing for the contractor, or in execution.

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

APPENDIX TO ITB

Clause Reference With respect to Section –I

1. The Name of the Employer is is “Executive Engineer, Electrical and [ Cl.1.1]

Mechanical Division, Ekta Nagar”.

2. The last five financial years.

3. This Annual Financial Turnover Amount is Rs. 71.00 Lakhs [Cl.4.5.3(a)]

4. Value of work is Rs.

6. The cost of electric work is Rs.

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

8. Liquid assets and / or availability of credit facilities is Rs.17,52,898.00 [Cl.4.5.6 ]

9. Price level of the financial year: 2026-27 [Cl. 4.5.2]

10. Deleted [Cl. 9.2.1]

11. The technical Bid will be opened on date and time as stated on online

NIT at the office of The Executive Engineer, Electrical & Mechanical

Division ,SSNNL, 2nd Floor, Block-A, Narmada Bhavan, Indira

Avenue, Vadodara -

12. Address of the Employer:

Executive Engineer, Electrical and Mechanical Division, Ekta Nagar

Sardar Sarovar Narmada Nigam Limited

New Administrative Block, 519, 5th Floor

Ekta Nagar- 393 151 (Gujarat)

[email protected]

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

15. The bid will be opened in the office of The Executive Engineer, [Cl. 23.1 ]

Electrical & Mechanical Division ,SSNNL,2nd Floor, Block-A,

Narmada Bhavan, Indira Avenue, Vadodara – 390001 As stated on

16. The Bank Draft in favor of Executive Engineer, Narmada Project

Hydro Power, Vadodara

18. Escalation factors (for the cost of works executed and financial figure to [Cl.4.5.2]

a common base value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender 2026-2027

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

[Reference CL. 4.5.5]

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

use on the work.

Sr. Plant or Machinery Approximate Remark

Location Make Capacity

No. machinery (maximum Value s

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

Employment of a qualified site Engineer by the Contractor.

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

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

more than Rs.50 lakhs.

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

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

3. Minimum two Diploma Civil Engineer when the cost of work is less than Rs.15 lakhs but more than Rs.5

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

Rs. 5 lakhs. The Engineer so employed for the Government work must have sufficient experience to handle

the work independently. Such an Engineer shall have to stay at the site of work and he shall not be

entrusted with other duty except this work.

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

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

the work on the site.

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

in-charge of the work the Name, Qualifications, copy of mark sheet, Colour Photograph and the appointment

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

designated Site Engineers do not resume or do not remain present on site of work, the recovery at the rate of

Rs.15, 000-00 per month per Engineer will be made from the bills/deposit/dues of the contractor. Such

recovery shall be non-refundable.

THIS PAGE HAS BEEN KEPT BLANK

QUALIFICATION INFORMATION

THIS PAGE HAS BEEN KEPT BLANK

QUALIFICATION INFORMATION

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

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

incorporated in the Contract.

1. For Individual Bidders

1.1. Constitution or legal status of Bidder (Attach Copy)

Place of registration

Principal place of business

Power of attorney of signatory of Bid

1.2. Total value of Supply of electrical Works performed in the 2025-26

last five years

(in Rs. Lakhs) 2022-23

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

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

documents, provided further that all other qualification criteria are satisfied (in the same name) on works

of a similar nature over the last five years** and in current year before the submission of the bid.

Value of of Actual date

Name of Stipulated reasons

Project Description Contract contract issue of

the period of for delay&

Name of work No. (Rs. of completion

Employer completion work

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

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

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

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

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

the same name and style) in the last five years** and in current year before the submission of the bid.

Year Name of Name of Quantity of Work Performed Remarks

Project/work the Cement Masonary Earth Bituminous (Indicate

Employer Concrete Works Work Contract

(iuncluidng Ref)

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

completed) as on the date of this bid.

(A) Existing commitments and on-going works:

Place Name & Value Stipulated Anticipated

Description Contract remaining

& Address of Contract Period of of

of works No. to be

State Employer (Rs. Cr) Completion completion

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

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

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

Bidder should list all the information requested below.

Requirement Remarks

Availability Proposal

Item of (from whom

Equipment Owned/Leased Nos./ Age/ to be

to be procured Capacity Conditions purchased)

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

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

Year of Year of experience

Position Name Qualification Experience in the proposed

(General) position

Project Manager

Diploma Civil Engineer

1.7. Proposed sub-contract and firms involved.

Sections of Value of Sub- Experience in

the works Contractor similar work

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

building electrification works.

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

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

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

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

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

provide references if contacted by the Employer.

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

Other Party/ Cause of Amount

Employer showing Present

(ies) Dispute Involved

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 *…………………..)

* Fill the name of Consultant

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

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

1.14. Programme

3. Additional Requirements

3.1. Bidders should provide any additional information required to fulfill the requirements of Clause 4 of

the Instructions to the Bidders, if applicable.

(ii) Undertaking

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF

CREDIT FACILITIES

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

This is to certify that M/s._________________is a reputed company with a good financial standing.

If the contract for the work, _____________________________________namely is awarded to the above

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

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

Senior Bank Manager

Address of the Bank

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

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

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

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

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

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

pertinent information deemed necessary and requested by the Department to verify this statement or

regarding any (our) competence and general reputation.

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

agrees to furnish any such information at the request of the Department/ Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

I, the undersigned do hereby undertake that our firm

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

(Signed by an Authorized Officer of the Firm)

Title of Officer

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CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A. General Page D. Cost Control Page

1. Definitions 49 37. Bill of Quantities

2. Interpretation 50 38. Changes in the Quantities

3. Language and Law 51 39. Variations

4. Engineer’s Decisions 51 40. Payments for Variations

5. Delegations 51 41. Cash Flow Forecasts

6. Communications 51 42. Payment Certificates

7. Sub-Contractors 51 43. Payments

8. Other Contractors 51 44. Compensations Events

9. Personnel 51 45. Tax

10. Employer’s & Contractor Risk 52 46. Currencies

11. Employers Risks 52 47. Price Adjustment

12. Contractor’s Risk 52 48. Retention

13. Insurance 52 49. Liquidated damages

14. Site Investigations Reports 53 50. Bonus

15. Queries about the Contract 53 51. Advance Payment

16. Contractors to Construct the works 53 52. Securities

17. The Works to be Completed By the 53. Deleted

Intended Completion Date

18. Approval by the Engineer 53 54. Cost of Repair

19. Safety 53 E. Finishing the Contract

20. Discoveries 53 55. Completion

21. Possession of the Site 54 56. Taking Over

22. Access to the Site 54 57. Final Account

23. Instructions 58. Operating and Maintenance

24. Disputes 54 59. Terminations

25. Procedure for Disputes 55 60. Payment upon Terminations

26. Deleted 55 61. Property

B. Time Control 62. Release from Performance

27. Programme 56 F. Special Conditions of Contract

28. Extensions of the Intended completion 63. Labour

29. Deleted 64. Compliance with labour

30. Delays Ordered by The 65. Arbitration

31. Management Meetings

32. Early Warning

C. Quality Control

33. Identifying Defects

35. Correction of Defects

36. Uncorrected Defects

CONDITIONS OF CONTRACT

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

keep their defined meaning.

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

Compensation Events are those defined in Clause 44 hereunder

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

with Sub Clause

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

the Works till the completion of Defects Liability Period. It consists of the documents listed in Clause

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

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

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

and includes Technical and Financial Bids.

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

accordance with the provisions of the Contract.

Days are calendar days: months are calendar months.

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

Completion Date.

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

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

notified to the contractor to act in replacement of the Engineer) who is responsible for supervising the

Contractor, administering the Contract, certifying payments due to the Contractor, issuing and valuing

Variations to the Contract, awarding extensions of time, and valuing the Compensations Events.

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

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

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

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

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

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

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

biological functions.

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

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

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

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

addition made or approved by the Engineer.

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

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

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

part of the work in the Contract which includes work on the Site.

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

are needed for construction or installation of the Works.

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

The Works are what the Contract requires the Contractor to construct, install, and turn over to the

Employer, as defined in the Contract Data.

2. Interpretation

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

neuter and the other way around. Heading have no significance. Words have their normal meaning under

the language of the Contract unless specifically defined. The Engineer will provide instructions

clarifying queries about Conditions of Contract.

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

Works, the Completion date, and Intended Completion Date apply to any Section of the Works (other

than references to the Completion Date and Intended Completion date for the whole works)

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

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

(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

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

3. Language and Law

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

4. Engineers Decisions

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

Employer and the Contractor in the role representing the Employer.

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

Contractor and may cancel any delegation after notifying the Contractor.

6. Communications

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

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

7. Sub-Contracting

7.1. The Contractor may subcontract any portion of work, up to a limit specified in Contract Data, with the

approval of the engineer but may not assign the Contract without the approval of the Employer in

writing. Subcontracting shall not alter the Contractor’s obligations. Sub-contracting of supply or

specific items of work is not allowed.

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

8. Other Contractors

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

the Employer between the dates given in the Schedule of other Contractor. The Contractors shall as

refer to in the Contract Data, also provide facilities and services for them as described in the Schedule.

The employer may modify the schedule of other contractors and shall notify the contractor of any such

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

in the Contract Data to carry out the functions stated in the Schedule or other personnel approved by the

Engineer. The Engineer will approve any proposed replacement of key personnel only if their

qualifications, abilities, and relevant experience are substantially equal to or better than those of the

personnel listed in the Schedule.

9.2. If the engineer asks the Contractor to remove a person who is a member of the Contractor Staff or his

work force stating the reasons the Contractor shall ensure that the person leaves the Site within seven

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

10. Employer’s and Contractors Risks

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

carries the risks which these Contracts states are Contractors risk.

11. Employer’s Risks

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

execution of the Works, the risks of war, hostilities, invasion, act of foreign enemies, rebellion,

revolution, insurrection or military or usurped power, civil war, riot commotion or disorder (unless

restricted to the Contractor’s employees), and contamination from any nuclear fuel or nuclear waste or

radioactive toxic explosive.

12. Contractor’s Risks

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

and in consequence of the performance of the Contract other than the excepted risks are the

responsibility of the Contractor.

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

from the Start date to the end of the Defects Liability Period, in the amounts and deductibles stated in

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

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

(b) Loss of or damage to Equipment

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

Equipment) in connection with the Contract; and

(d) Personal injury or death.

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

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

payable in the types and proportions of currencies required to rectify the loss or damage incurred.

13.3. If the Contractor does not provide any of the policies and certificates required, the Employer may affect

the insurance which the Contractor should have provided and recover the premiums the Employer has

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

premiums shall be a debt due.

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

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

14. Site Investigation Report

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

Data, supplemented by any information available to the Bidder.

15. Queries about the Contract Data

15.1. The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

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

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

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

in accordance with the programme submitted by the Contractor, as updated with the approval of the

Engineer, and complete them by the Intended Completion date

18. Approval by the Engineer

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

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

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

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

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

18.5. All Drawings prepared by the Contractors for the execution of the temporary or permanent work are

subject to prior approval by the Engineer before their use.

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

20. Discoveries

20.1. Anything of historical or other interest or of significant value unexpectedly discovered on the site is the

property of the Employer. The contractor is to notify the engineer of such discoveries and carry out the

Engineer’s instructions for dealing with them.

21. Possession of the Site

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

not given by the date stated in the Contract Data the Employer is deemed to have delayed the start of

the relevant activities and this will be a Compensation Event.

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

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

foreclose the work within 30 days after lapse of 25%-time limit and after 30 days foreclosure option

will be closed.

22. Access to the Site

22.1. The Contractor shall allow the Engineer and any person authorized by the Engineer access to the Site,

to any place where work in connection with the Contract is being carried out or is intended to be carried

out and to any place where materials or plants are being manufactured/ fabricated/ assembled for the

23. Instructions

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

the applicable laws where the site is located.

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

the performance of the Contractor and to have them audited by auditors appointed by the Employer, if

so required by the Employer.

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

given to the Engineer by the Contract or that the decision was wrongly taken, the decision shall be

referred to Superintending Engineer, Electrical and Mechanical Circle, Vadodara within 14 days

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

for conciliation within 15 days from the decision given by the Superintending Engineer, Electrical

and Mechanical Circle, Vadodara.

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

Superintending Engineer, Electrical and Mechanical Circle, Vadodara, both the parties have

to refer to the Chief Engineer, E&M, Vadodara concern for the conciliation process.

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

Superintending Engineer, Electrical and Mechanical Circle, Vadodara, both the parties have

to refer to the Sardar Sarovar Narmada Nigam H.O., Block No. 12, Gandhinagar,

Government of Gujarat for the conciliation process.

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

Public Works Contract Dispute Arbitration Tribunal. If the Contractor fails to refer a claim / dispute

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

shall not be entitled to any additional payment/claim if he doesn’t follow the above sequence in

stipulated time and he should not stop the work.

25. Procedure for Disputers

25.1. The arbitration shall be conducted in accordance with the arbitration procedure stated in the Special

Conditions of Contract.

B. TIME CONTROL

27.1. Within the time stated in the Contract Data the Contractor shall submit to the Engineer for approval a

Programme showing the general methods, arrangements orders, and timing for all the activities in the

works along with monthly cash flow forecast.

27.2. An update of the Programme shall be a programme showing the actual progress achieved on each

activity and the effect of the progress achieved on the timing of the remaining work including any

changes to the sequence of the activities.

27.3. The Contractor shall submit to the Engineer, for approval an updated programme at intervals no longer

than the period stated in the Contract Data. If the Contractor does not submit an updated programme

within this period, the Engineer may withhold the amount stated in the Contract Data from the next

payment after the date on which the overdue programme has been submitted.

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

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

show the effect of Variations and Compensations events.

28. Extension of the Intended Completion Date

28.1. The Engineer shall extend the Intended Completion Date if a compensation Event occurs or a Variation

is issued which makes it impossible for completion to be achieved by the Intended Completion Date

without the Contractor taking steps to accelerate the remaining work and which would cause the

Contractor to incur additional cost.

28.2. The Engineer shall decide whether and by how much to extend the Intended Completion Date within

35 days of the Contractor asking the Engineer for a decision upon the effect of a compensation event or

Variation and submitting full supporting information. If the Contractor has failed to give early warning

of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be

considered in assessing the new Intended Completion Date.

28.3. The Engineer shall within 14 days of receiving full justification from the contractor for extension of

Intended Completion Date refer to the Employer his decision. The employer shall in not more than

days communicate to the engineer the acceptance or otherwise of the Engineer’s decision. If the

employer fails to give his acceptance, the Engineer shall not grant the extension and the contractor may

refer the matter under Clause

30. Delays Ordered by the Engineer

30.1. The Engineer may instruct the Contractor to delay the start or progress of any activity within the works.

31. Management Meetings

31.1. Either the Engineer or the Contractor may require the other to attend a management meeting. The

business of a management meeting shall be to review the plans for remaining work and to deal with

matters raised in accordance with the early warning procedure.

31.2. The Engineer shall record the business of management meetings and is to provide copies of his record

to those attending the meeting and to the Employer. The responsibility of the parties for actions to be

taken is to be decided by the Engineer either at the management meeting or after the management

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

32. Early Warning

32.1. The Contractor is to warn the Engineer at the earliest opportunity of specific likely future events or

circumstances that may adversely affect the quality of the work, increase the Contract price or delay the

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

effect of the future event or circumstance on the contract price and completion date. The estimate is to

be provided by the Contractor as soon as reasonably possible.

32.2. The Contractor shall cooperate with the Engineer in making and considering proposals for how the

effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and

in carrying out any resulting instruction of the Engineer.

C. QUALITY CONTROL

33. Identifying Defects/ Defect liability period

33.1. Defect liability period: The contractor shall be responsible to make good and remedy at his own expense

any defect which may develop or may be noticed before the period mentioned hereunder from the

certified date of completion. The Engineer in charge shall give the contractor a notice in writing about

the defects and the contractor shall make good the same within 15 days of receipt of the notice. In the

case of failure on the part of the contractor, the Engineer- in-charge may rectify or remove or re-execute

the work at the risk & cost of the contractor. The Engineer-in-charge shall be entitled to appropriate the

whole or any part of the amount of security deposit towards the expenses, if any, Incurred by him in

rectification, removal or re-execution. The Defects Liability period shall be as under:

(A) For works Except Building

(a) For all works costing up to Rs. 50,000 (amount put to tender), the period shall be 3 Months from

the certified date of completion.

(1) For works likes Check Dam/ Canal / Drainage / Road Structure tender amount from RS. 50,000 to

10,00,000, the defect liability period shall be 12 months from the certified date of completion.

(2) For work except likes Check Dam/ Canal / Drainage / Road Structure tender amount from RS.

50,000 to 10,00,000, the defect liability period shall be 6 months from the certified date of

(1) For works likes Check Dam/ Canal / Drainage / Road Structure tender amount more than RS.

10,00,000, the defect liability period shall be 3 Years from the certified date of completion.

(2) For work except likes Check Dam/ Canal / Drainage / Road Structure tender amount from Rs.

10,00,000 to 1 Crore, the defect liability period shall be 12 months from the certified date of

For all works of tender amount more than RS. 1 Crore, the defect liability period shall be 3 Years

from the certified date of completion.

(B) For Building works:-

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

For original building works the defect liability period will be 4 years or elapse of 4 monsoon period

following date of possession of building taken over by user agency following the certified date of

completion, whichever is later.

For the purpose of deciding the monsoon period, the 30th September shall be treated as the last date.

WRD Circular No Matas/102013/MICELL(K-1) dated 13/12/2013.

33.2. For Road works :

Free maintenance guarantee period for works of Road/Bridge construction

(a) For resurfacing work of road free maintenance guarantee period one year from the date of

(b) In case of widening of the road/strengthening of the road/bridge, the contractor shall have to give

four years free maintenance guarantee from the certified date of completion. During this period the

contractor shall visit the site every six months along with the concerned Section Officer / Deputy

Executive Engineer and will examine the work already carried out in this contract like road work,

jungle cutting, side shoulders, side gutter, road furniture, patta etc. and will prepare Km. wise

inspection report duly signed by all concerned and any defect observed shall be done within

days by the contractor at his risk and cost as per the direction of Engineer in charge. The contractor

needs to do videography of these visits and require to submit at the time of release of FMG. If B.T.

the surface during the maintenance period of 4 years is worn out then agency shall have to provide

renewal coating as per tender item as directed by the Engineer-in- charge. The amount equivalent

to 5% of each running bill shall be withheld and will be released after the free maintenance

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

However, this amount shall be released against fixed deposit or bank guarantee pledged in the

name of Executive Engineer after completion certificate of work is issued.

(1) The flakiness and elongation index (combined) for coarse aggregates under no circumstances shall

exceed the allowable limit set forth in the relevant clause for the material in question.

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

miscellaneous items like earthwork in embankment / cutting for side shoulders, side gutters,

kilometer / indicator / guard stones, sign boards etc. are completed in all respect by the contractor.

After completion of the miscellaneous items, the above said 2% withheld amount shall be released.

(Govt. of Gujarat's G.R. No.: TNC-10-2013-3(Part-3)/C, Dtd. 13/12/2013).

(3) Videography for the surface under Maintenance Guarantee is to be done as per Govt. letter No.:

SSR/10/2015-16/26/C, Dtd. 26/11/15 for the work costing more than Rs. 5.00 Crore.

(4) Setting up of adequate laboratory & deployment of quality engineers. The contractor shall have to

set up the laboratory with adequate equipment. Till the setting up of adequate laboratory is

completed & reported of this to the engineer (subject to due verification by engineer’s

representative) by contractor in writing, Rs.2,00,000/- shall be withheld. The qualified quality

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

not deployed by contractor within one month after the date of work order, the amount equivalent to

Rs.20,000 per month shall be recovered till the actual deployment of quality engineer. The amount

so recovered towards the deployment of quality engineers shall not be refunded.

(5) Asphalt work will have to be cross checked as per G.R. No.: RGN/60/2006/35/C, dtd.31/05/07

before final bill is paid.

(6) Maintenance during Construction Period

During the Construction Period, the Contractor shall maintain, at his own risk and cost, the existing

lane(s) of the road so that the traffic worthiness and safety thereof are at no time materially inferior

as compared to their condition 10 (ten) days prior to the date of the Agreement, and shall undertake

the necessary repair and maintenance works for this purpose; provided that the Contractor may, at

his cost, interrupt and divert the flow of traffic if such interruption and diversion is necessary for

the efficient progress of works and conforms to Good Industry Practice; provided further that such

interruption and diversion shall be undertaken by the Contractor only with the prior written

approval of the Executive Engineer which approval shall not be unreasonably withheld. For the

avoidance of doubt, it is agreed that the Contractor shall at all times be responsible for ensuring

safe operation of the road.

33.3. The Engineer shall check the Contractor’s work and notify the Contractor of any defects that are found.

Such checking shall not affect the Contractor’s responsibilities the Engineer may instruct the Contractor

to search for a Defect and to uncover and test any work that the Engineer considers may have a Defect.

34.1. If the engineer instructs the Contractor to carry out a test not specified in the Specification to check

whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and

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

34.2. 1% of the amount of work done for works upto Rs. 10 crore of estimate cost should be deducted from

R.A. Bill of the contractor for testing the quality of material workmanship. Whereas for estimated cost

of works more than 10 crore, the charges for testing of quality of material workmanship shall be

deducted from R.A. bill of contractor as per actual charges. As Per GoG NWRWS & K Department’s

Circular No. PARCH/132023/401/MICELL Dated: 05/10/2023

34.3. Agency has to establish testing laboratory on site for the various test to be carried out in the work for

this purpose agency shall construct a pukka laboratory building with all facility on site at location

specified by the engineer in charge.

35. Correction of defects

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

Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period

shall be extended for as long as Defects remain to be corrected.

35.2. Every time notice of a Defect is given, the Contractor shall correct the notified defect within the length

of time specified by the Engineer’s notice.

36. Uncorrected Defects

36.1. If the Contractor has not corrected a defect within the time specified in the Engineer’s notice, the

Engineer will assess the cost of having the Defect corrected, and the Contractor will pay this amount.

D. COST CONTROL

37. Bill of Quantities

37.1. The bill of Quantities shall contain items for the constructions, installation, testing and commissioning

work to be done by the Contractor.

37.2. The bill of Quantities is used to calculate the Contract price. The Contractor is paid for the quantity of

the work done at the rate in the Bill of Quantities for each item.

38. Change in the Quantities

38.1. The Engineer shall have power to make any alterations in or addition to the original specifications

drawings, designs and instructions that may appear to him to be necessary or advisable during the

progress of the work and the contractor shall be bound to carry out the work in accordance with any

instruction in this connection which may be given to him in writing signed by the Engineer and such

alteration shall not invalidate the contract and any additional work which the contractor may be directed

to do in the manner above specified as part of the work shall be carried out by the contractor on the

same conditions in all respects on which he agreed to do the main work and at the same rate as are

specified in the tender for the main work.

38.2. Except that when the quantity of any item exceeds the quantity as in the tender by more than 130%, the

contractor will be paid for the quantity in excess of 130%, at the rate entered in the SOR of the year

during which the excess in quantity is first executed.

39.1. All Variations shall be included in updated programmes produced by the Contractor.

40. Payments for Variations

40.1. If the additional or altered work includes any class of work for which no rate is specified in this contract,

then such class of work shall be carried out as under.

(i) At the rate derived from the item within the contract which is comparable to the one involving additional

or altered class of work; where there are more than one comparable items, the item of the contract which

is nearest in comparison with regard to class or classes of the work involved shall be selected and the

decision of the Superintending Engineer as to the nearest comparable item shall be final and binding on

the contractor.

(ii) If the rate cannot be derived in accordance with (i) above, such class of works shall be carried out at the

rate entered in the Schedule of Rates of the division for the year in which the tender was received,

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

amount arrived at the rates in the “Schedule of Rates” of the Division in the year in which the tender

was received. If the Schedule of rates of the Division does not contain all the items, the percentage

increase or decrease of the tender shall be calculated considering such items which were included in the

“Scheduled Rates” of the division for the year and for materials consumed on such item the rate to be

charged would be the basic rate taken into account for fixing the rate in S.O.R. referred to above.

(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class of work shall be carried out at

the rate decided by the competent authorities on the basis of detailed rate analysis after hearing the

contractor before a Committee of two Superintending Engineers stationed at the same place or the

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

is ordered to be carried out before the rate is agreed upon, then the contractor shall within seven days

of the date of receipt by him of the order to carry out the work, inform the Engineer-in-charge of the

rate, which it is his intention to charge for such class of work and if the Engineer in charge does not

agree to this rates, he shall by notice in writing be at liberty to cancel his order to carry out such class

of work and arrange to carry it out in such manner as he may consider it advisable, provided always that

if the contractor shall commence work or incur any expenditure in regard thereof before the rates shall

have been determined as lastly herein before mentioned, then in such cases he shall only be entitled to

be paid in respect of the work carried out or expenditure incurred by him prior to the date of the

determination of the rate as aforesaid according to such rate or rates as shall be fixed by the Engineer-

in-charge. In the event of the dispute, the decision of the Superintending Engineer of the Circle shall be

Where, however, the work is to be executed according to the designs, drawings and specifications

recommended by the contractor and accepted by the competent authority, the alternation above referred

to shall be within the scope of such designs, drawings and specifications appended to the tenders.

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

in the cost occasioned by alterations bears to the cost of the original work and the certificate of the

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

41. Cash Flow Forecasts

41.1. When the programme is updated, the contractor is to provide the engineer with an updated cash flow

42. Payment certificates.

42.1. The Contractor shall submit to the Engineer monthly statements of the estimated value of the work

completed less the cumulative amount certified previously.

42.2. The Engineer shall check the Contractor’s monthly statement within 14 days and certify the amount to

be paid to the Contractor after taking in to account any credit or debit for the month in question in

respect of materials for the works in the relevant amounts and under conditions set forth in Sub-Clause

32.3 of the Contract Data (secured Advance).

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

42.4. The value of work executed shall comprise the value of the quantities of the items in the Bill of

Quantities completed.

42.5. The value of work executed shall include the valuation of variations and compensation events.

42.6. The Engineer may exclude any item certified in a previous certificate or reduce the proportion of any

item previously certified in any certificate in the light of later information

43.1. Payments shall be adjusted for deductions for advance payments, retention, other recoveries in terms of

the contract and taxes at source, as applicable under the law. The Employer shall pay the Contractor the

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

43.2. Payment of GST (prevailing rates) on the amount payable under the contract to the Contractor will be

made by the Employer. Hence, it is the responsibility of the contractor to pay the GST to the concerned

43.3. Items of the works for which no rate or price has been entered in will not be paid by the Employer and

shall be deemed covered by other rates and prices in the Contract.

44. Compensation events

44.1. The following are compensation Events unless they are caused by the Contractor:

(a) The Employer does not give access to a part of the Site by the site Possession date stated in Contract

Data to the Contractor

44.2. In case of compensation event occurs and it prevents the work being completed beyond the Intended

Completion Date then Authority will approve EOT with eligible contractual price escalation.

45.1. The rates quoted by the Contractor must be inclusive of all taxes prevailing on due date of bid

submission except GST. However, any subsequent changes in the tax structure by Government after

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

documentation. Contractor will have to intimate Engineer regarding changes occurred in the tax

structure after bid submission. If the contractor fails to provide such information and if any financial

obligation may arise due to change in tax structure, same will be recovered from the contractor.

45.2. GST will be paid separately on the bills. Hence, it is the responsibility of the contractor to pay the GST

to the concerned Authority.

46. Currencies.

46.1. All payment shall be made in Indian Rupees.

47. Price Adjustment

47.1. Contract price shall be adjusted for increase or decrease in rates and price of labour, materials, fuels and

lubricants in accordance with the following principles and procedures and as per formula given in the

(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

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

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

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

the month. It will exclude value for works executed under variations for which price adjustment

will be worked separately based on the terms mutually agreed.

47.2. To the extent that full compensation for any rise or fall in costs to the contractor is not covered by the

provisions of this or other clause in the contract, the unit rates and prices included in the contract shall

be deemed to include amounts to cover the contingency of such other rise or fall in costs.

48.1. The Employer shall retain from each payment due to Contractor the proportion stated in the Contract

Data until Completion of the whole of the Works.

48.2. On Completion of the whole of the Works half the total amount retained is repaid to the Contractor and

48.2. On Completion of the whole of the Works half the total amount retained is repaid to the Contractor and

half when the Defects Liability Period has passed and the Engineer has certified that all Defects notified

by the Engineer to the Contractor before the end of this period have been corrected.

48.3. On completion of the whole works, the contractor may substitute retention money with an “on demand”

Bank guarantee.

In case, Contractor requests for refund of the Retention Money deducted by the Employer under

the provision of this clause, Employer shall consider the said request of the Contractor provided that the

refund hereunder shall be made in tranches of not less than 1% (One Percent) of the Contract Price and

Contractor furnishes an irrevocable and unconditional Bank guarantee for an equal amount substantially

in the format of Bank Guarantee for Performance Guarantee enclosed with SBD and valid up to 60 day

beyond the scheduled / extended Defects Liability Period. On completion of the whole works, the

contractor has however an option to submit a fresh irrevocable and unconditional Bank Guarantee for

an amount equal to 5% of the total value of work executed substantially in the format of Bank Guarantee

for Performance Guarantee enclosed with SBD and valid up to 60 days beyond the Defect Liability

Period and yet refund the Retention Money Bank Guarantee submitted for refund of Retention Money.

49. Liquidated Damages

49.1. The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract

Data for each day that the Completion Date is later than the Intended Completion Date (for the whole

works or the milestone as stated in the Contract Data). The total amount of liquidated damages shall not

works or the milestone as stated in the Contract Data). The total amount of liquidated damages shall not

exceed the amount defined in the Contract Data. The Employer may deduct liquidated damages from

payment due to the Contractor. Payment of liquidated damages does not affect the Contractor’s

49.2. If the Intended Completion Date is extended after liquidated damages have been paid, the Engineer shall

correct any overpayment of liquidated damages by the Contractor by adjusting the next payment

certificate. The Contractor shall not be entitled for any interest on the over payment calculated from the

date of payment to the date of repayment.

49.3. If the contractor fails to comply with the time for completion as stipulated in the tender, then the

contractor shall pay to the employer the relevant sum stated in the Contract Data as Liquidated damages

for such default and not as penalty for everyday or part of day which shall elapse between relevant time

for completion and the date stated in the taking over certificate of the whole of the works on the relevant

section, subject to the limit stated in the Contract Data.

The employer may, without prejudice to any other method of recovery deduct the amount of such

damages from any monies due or to become due to the contractor. The payment or deduction of such

damages shall not relieve the contractor from his obligation to complete the works on from any other of

his obligations and liabilities under the contract.

49.4. If, before the Time for Completion of the whole of the Works or, if applicable any Section, a Taking

Over Certificate has been issued for any part of the Works or of a Section, the liquidated damages for

delay in completion of the remainder of the Works or of that Section shall, for any period of delay after

the date stated in such Taking-Over-Certificate, and in the absence of alternative provisions in the

Contract, be reduced in the proportion which the value of the part so certified bears to the value of the

whole of the Works or Section, as applicable. The provisions of this Sub-clause shall only apply to the

rate of liquidated damages and shall not affect the limit thereof.

50.1. If the contractor achieves completion of the whole of the works prior to the intended Completion Date

prescribed in Contract Data the Employer shall pay to the contractor a sum stated in Contract Data as

bonus for every completed month but subjected to maximum amount as stated in Contract Data;

which shall elapse between the date of completion of all items of works as stipulated in the contract,

including variations ordered by the Engineer and the time prescribed in Clause

50.2. Bonus shall be paid only to works amounting to above INR 5 crore with time limit of the works is equal

or more than 6 months. The bonus would be paid as under

% of Initial Contract

% of Time Saved Price entitled for

Less than 10% 0%

51. Advance Payment.

51.1. The Employer shall make advance payment (not to be paid less than two installments except in special

circumstances for which the reason to be Recorded in writing) to the Contractor of the amounts stated

in the Contract Date by the date stated in the Contract Date, against provision by the Contactor of an

Unconditional Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and

currencies equal to be at least 110% of the advance payment. The guarantee shall remain effective until

the advance payment has been repaid, but the amount of the guarantee shall be progressively reduced

by the amounts repaid by the Contractor. The Mobilization advance would be deemed as interest bearing

advance at an interest rate of 10 % to be compounded, quarterly.

51.2. The Contractor is to use the advance payment only to pay for Equipment, plant and Mobilization

expenses required specifically for execution of the Works. The Contractor shall demonstrate that

advance payment has been used in this way by supplying copies of invoices or other documents to the

51.3. The advance payment shall be repaid by deduction proportionate amount from payments otherwise due

to the Contractor, following the schedule of completed percentages of the Works on a payment basis.

No account shall be taken of the advance payment or its repayment in assessing valuations of work

done, variations, price adjustments, Compensation Events, or Liquidated damages.

52.1. The performance Security (including additional security for unbalanced bids) shall be provided to the

Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount

and form and by a bank or surety acceptable to the Employer, and denominated in Indian Rupees. The

performance Security shall be valid until a date 60 days from the date of expiry of Defects Liability

Period and the additional security for unbalanced bids shall be valid until a date 28 days from the date

of issue of the certificate of completion.

Performance and Additional Performance Security shall become refundable/releasable within 15 days

after project certified completion date subject to fulfillment of contractual obligation and settlement of

all dues and claims.

54. Cost of Repairs.

54.1. Loss or damage to the Works or Materials to be incorporated in the Works between the Start date and

the end of Defects Correction periods shall be remedied by the Contractor at the Contractor’s cost if the

loss or damages arises from the Contractor’s acts or omissions.

E. FINISHING THE CONTRACT

55.1. The Contractor shall request the Engineer to issue a Certificate of Completion of the works and the

Engineer will do so upon deciding that the work is completed.

56. Taking Over

56.1. The Employer shall take over the Site and the Works within seven days of the Engineer issuing a

certificate of Completion.

57. Final Account

57.1. The Contractor shall supply to the Engineer a detailed final account of the total amount that the

57.1. The Contractor shall supply to the Engineer a detailed final account of the total amount that the

Contractor considers payable as full and final settlement of all claims under the Contract for items before

the end of the Defects Liability Period. The Engineer shall issue a Defect Liability Certificate and certify

any final payment that is due to the Contractor within 56 days of receiving the Contractor's account if

it is correct and complete. If it is not, the Engineer shall issue within 56 days a schedule that states the

scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after

it has been resubmitted, the Engineer shall decide on the amount payable to the Contractor and issue a

payment certificate, within 56 days of receiving the Contractor’s revised account.

57.2. If reversal in characteristic of tender (L1 becoming L2) on account of excesses and savings in final

account is observed, the Engineer/Employer shall be at liberty to restrict the final payment of BOQ

items to the lowest amount evaluated of the bids considering the final quantities and the rates quoted

including the rebates if any. Payment of variation items shall however be made at the rates approved by

the Employer, within 90 days from the physical completion of work.

58. Operating and Maintenance Manuals

58.1. If “as built” drawings and/or operating and maintenance manuals are required, the Contractor shall

supply them by the dates stated in the Contract Data.

58.2. If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract Data,

or they do not receive the Engineer’s approval, the Engineer shall withhold the amount stated in the

Contract Data from payments due to the Contractor.

59. Termination

59.1. The Employer or the Contractor may terminate the Contract if the other party causes a fundamental

breach of the Contract.

59.2. Fundamental breaches of Contract include, but shall not be limited to the following:

(1) The contractor stops work for 28 days when no stoppage of work is shown on the current programme

and the stoppage has not been authorized by the Engineer

(2) The Engineer instructs the Contractor to delay the progress of the Works and the instructions is not

withdrawn within 28 days;

(3) The Employer or the Contractor is made bankrupt or goes into liquidation other than for a

reconstructions or amalgamation

(4) A payment certified by the Engineer is not paid by the Employer to the Contractor within 56 days of

the date of the Engineer’s certificate

(5) The Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of

Contract and the Contractor fails to correct it within a reasonable period of time determined by the

(6) The Contractor does not maintain a security which is required;

(7) The Contractor has delayed the completion of works by the number of days for which the maximum

amount of liquidated damages can be paid as defined in the Contract Data; and

(8) If the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices in

competing for or in executing the Contract.

For the purpose of this paragraph: “corrupt practice” means the offering, giving, receiving or

soliciting of anything of value to influence the action of a public official in the procurement process or

in contract execution. “Fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the borrower, and includes

collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the Borrower of the benefits of free and open

59.3. When either party to the Contract gives notice of a breach of contract to the Engineer for a cause other

than those listed under Sub Clause 59.2 above, the Engineer shall decide whether the breach is

fundamental or not.

59.4. Notwithstanding the above, the employer may terminate the Contract for convenience.

60. Payment upon Termination

60.1. If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the

Engineer shall issue a Certificate for the value of the work done less advance payments received up to

the date of the issue of the certificate, less other recoveries due in terms of the contract, less taxes due

to deducted at source as per applicable law and less the percentage to apply to the work not completed

as indicated in the Contract Data. Additional Liquidated Damages shall not apply. If the total amount

as indicated in the Contract Data. Additional Liquidated Damages shall not apply. If the total amount

due to the Employer exceeds any payment due to the Contractor the difference shall be a debt payable

to the Employer.

60.2. If the Contract is terminated at the Employer’s convenience or because of a fundamental breach of

Contract by the Employer, the Engineer shall issue a certificate for the value of the work done, the cost

of balance material brought by the contractor and available at site, the reasonable cost of removal of

equipment, repatriation of the Contractor’s personnel employed solely on the works, and the

Contractor’s cost of protecting and securing the Works and less advance payment received up to the

date of the certificate, less other recoveries due in terms of the contract and less taxes due to deducted

at source as per applicable law.

61.1. All materials on the Site, Plant Equipments, Temporary Works and Works are deemed to be property

of the Employer, if the Contract is terminated because of a Contractor’s default.

62. Release from Performance

62.1. If the Contract is frustrated by the outbreak of war of by any other event entirely outside the control of

either the Employer or the Contractor the Engineer shall certify that the Contract has been frustrated.

The Contractor shall make the Site safe and stop work as quickly as possible after receiving this

certificate and shall be paid for all work carried out before receiving it and for any work carried out

afterwards to which commitment was made.

F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for

the engagement of all staff and labour, local or other, and for their payment of housing, feeding and

The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such

form and at such intervals as the Engineer may prescribe, showing the staff and the numbers of the

several classes of labour from time to time employed by the Contractor on the site and such other

information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub- contractor shall abide at all times

by all existing labour enactments and rules made thereunder, regulations, notification and bye laws of

the State or central Government or local authority and any other labour law (including rules),

regulations, bye laws that may be passed or notifications that may be issued under any labour law in

future either by the State or the Central Government or the local authority. Salient features of some of

the major labour laws that are applicable to the construction industry are given below. The Contractor

shall keep the Employer indemnified in case any action is taken against the Employer by the competent

authority on account of contravention of any of the provisions of any Act or rules made thereunder,

regulations or notifications including amendments. If the Employer is caused to pay or reimburse, such

amounts as may be necessary to cause or observe, or for observance of the provisions stipulated in the

notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of the

Contractor, the Engineer/employer shall have the right to deduct any money due to the Contractor

including his amount of performance security. The Employer/Engineer shall also have the right to

recover from the Contractor any sum required or estimated to be required for making good the loss or

damage suffered by the Employer.

The employees of the Contractor and the Sub-Contractor in no case shall be treated as the

employees of the Employer at any point to time.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS WORK

A) Workmen Compensation Act 1923:-

The Act provides for compensation in case of injury by accident arising out of and during the course of

B) Payment of Gratuity Act. 1972:-

Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation if

an employee has completed 5 years’ service or more on death, the rate of 15 days wages for every

completed year of service. The Act is applicable to all establishments employing 10 or more employees.

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

The Act Provides for monthly contributions by the employer plus workers @ 10% or 8.33%.

The benefits payable under the Act are:

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

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

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951 :-

The Act provides for leave and some other benefits to women employees in case of confinement or

miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970:

The Act provides for certain welfare measures to be provided by the Contractor to contract labour and

in case the Contractor fails to provide, the same are required to be provided, by the Principal Employer

by Law. The principal Employer is required to take Certificate of Registration and the Contractor is

required to take license from the designated Officer. The Act is applicable to the establishments or

Contractor of Principal Employer, if they employ 20 or more contract labour.

F) Minimum Wages Act 1948 :-

The Employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government

as per provisions of the Act, if the employment is a scheduled employment. Construction of Building,

Roads, and Runways are scheduled employment.

G) Payments of wages Act 1936:-

It lays down as to by what date the wages are to be paid, when it will be paid and what deductions can

be made from the wages of the workers.

H) Equal remunerations Act 1979 :-

The Act provides for payment of equal wages for work of equal nature to Male and Female workers and

for not making discrimination against female employees in the matter of transfer, training and

promotions etc.

I) Payments of Bonus Act 1965:-

The Act is applicable to all establishments employing 20 or more employees. The Act provides for

payments of annual bonus subject to a minimum of 8.33% of wages and maximum of 20 % of wages to

employees drawing Rs. 3500/- per month or less. The bonus to be paid to employees getting Rs, 2500/-

per month or above Rs. 3500/- per month shall be worked out by taking wages as Rs. 2500/- per month

only. The Act does not apply to certain establishments. The newly set-up establishments are exempted

for five years in certain circumstances. Some of the State Governments have reduced the employment

size from 20 to 10 for the purpose of applicability of this Act.

J) Industrial Disputes Act 1947 :-

The Act lays down the machinery and procedure for resolutions of Industrial disputes, in what situations

a strike or lock-out becomes illegal and what are the requirements for laying off or retrenching the

employees or closing down the establishment.

K) Industrial employment (standing Orders) Act 1946 :-

It is applicable to all establishments employing 100 or more workmen (employment size reduced by

some of the State and Central Government to 50). The Act provides for laying down rules governing

the conditions of employment by the Employer on matters provided in the Act and get the same certified

by the designated Authority.

L) Trade Unions Act 1926:-

The Act lays the procedure for registration of trade unions of workmen and employers. The Trade

Unions registered under the Act have given certain immunities from civil and criminal liabilities.

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

The Act prohibits employment of children below 14 years of age in certain occupations and process and

provides for regulation of employment of children in all other occupations and processes. Employment

of Child labour is prohibited in Building and Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions of service) Act 1979:-

The Act is applicable to an establishment which employs 5 or more inter-state migrant workmen through

an intermediary (who has recruited workmen in one state for employment in the establishment situated

in another state).The inter-state migrant workmen, is an establishment to which this Act becomes

applicable, are required to be provided certain facilities such as housing, medical aid, traveling expenses

from home up to the establishment and back, etc.

O) The Building and Other Construction workers (Regulation of employment and Conditions of

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

All the establishments who carry on any building or other constructions work and employ 10 or more

workers are covered under this Act. All such establishments are required to pay cess at the rate not

exceeding 2% of the cost of construction as may be modified by the government. The Employer of the

establishment is required to provide safety measures at the Building or construction work and other

welfare measures, such as canteens, First Aid facilities, Ambulance, Housing accommodations for

workers near the workplace etc. The Employer to whom the Act applies has to obtain a registration

certificate from the Registering Officers appointed by the Government.

P) Factories Act 1948 :-

The Act lays down the procedure for approval of plans before setting up a factory, health and safety

provisions, welfare provisions, working hours, annual earned leave and rendering information regarding

accidents or dangerous occurrences to designated authorities. It is applicable to premises employing

persons or more with aid of power or 20 or more persons without the aid of power engaged in the

manufacturing process.

Q) Royalty charges –

The contractor shall pay the royalty to the competent authority as per rule. The royalty charges paid

shall be borne by the contractor and shall not be reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof from time to time shall be

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of Pollution Act1981

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management plan for best energy use,

waste management, the reduction of pollution as in EMS (Environmental Management system) ISO-

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

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

given to the Engineer by the Contract or that the decision was wrongly taken, the decision shall be

referred to Superintending Engineer, Electrical and Mechanical Circle, Vadodara (Higher

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

party can refer the matter for conciliation within 15 days from the decision given by the Superintending

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

Superintending Engineer, Electrical and Mechanical Circle, Vadodara, both the parties have to

refer to the concerned Chief Engineer, Electrical and Mechanical, Vadodara for the conciliation

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

Superintending Engineer, both parties have to refer to the Sardar Sarovar Narmada Nigam H.O.,

Block No. 12, Gandhinagar, Government of Gujarat for the conciliation process.

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

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

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

Contractor shall not be entitled to any additional payment/claim if he doesn’t follow the above sequence

in stipulated time. However, during such period, he would not stop the work in any case.

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Item marked “N/A” do not apply to this Contract. With respect

1. The Employers is [CL.1.1]

Name: Executive Engineer, Electrical & Mechanical Division, Ekta

Address: 519, 5th floor, Administrative Building, Ekta Nagar, Dist-

Email id: [email protected]

Name of authorized Representative (will be intimated later)

2. The Engineer is - will be intimated later

Name of Authorized Representative: …………..

3. The Defects Liability Period is 1 year from the date of completion. [CL.1.1 & 33]

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

proceed with the work.

5. The Intended Completion Date for the whole of the works is 01 years [CL.1.1, 17 &

after start of work with the following milestones: 2]

Physical works to be completed Period from the start date

Milestone1 i.e. 25% …. Days

Milestone2 i.e. 50% …. Days

Milestone3 i.e. 75% …. Days

Milestone4 i.e. 100 % …. Days

6. The Site is located at Ekta Nagar, Ta- Garudeshwar, Dist-Narmada, [CL.1.1]

7. The name and identification number of the Contract [CL.1.1]

8. The works consist of supply of items as per B.O.Q with one year of [CL.1.1]

defect liability period. The works shall, inter alia, include the

following, as Specified or as directed:

Site clearance; setting out and Layout Construction and

Maintenance of all types of dams and its component, earthen dam;

spillway; installation of gate; excavation and earth work, approach

road, Inspection Bunglows, checkdams, bandhara, T.R., weir,

barrages, Flood Protection & Anti Sea Erosion work, canal lining

and structures, , CD Works, structure repairing, Jungale cutting,

Desilting, etc. other WRD works.

Site clearance; setting – out and layout; widening of existing

carriageway and strengthening including camber corrections;

construction of new road/ Parallel service road; bituminous

pavements remodeling/construction of Junctions, intersections,

bus bays, lay-bays; supplying and placing of drainage Channels,

flumes, guard posts and guard other related items;

construction/extension of cross drainage works, bridge, approaches

and other related stones; protective works for roads/bridge; all

aspects of quality assurance of various components of the works;

rectification of The defects in the completed works during the

Defects Liability Period; submission of “As- built’’ drawings and

any other related documents; and other item of work as may be

required to be carried out for completing the work in accordance

with the drawings and the provisions of the contract and to ensure

(C) Bridge Works

provision of foundations, piers abutments and bearing;

prestressed/reinforced cement concrete superstructure; wearing

coat, hand railings, expansion joints, approach slabs, drainages

spouts/ down take pipes, arrangements for fixing light posts, water

mains, utilities etc.; provision of suitably designed protective

works; providing wing/return walls; provision of road markings,

road signs etc.; all aspects of quality assurance; clearing the site

and handing over the works on completion; rectification of the

defects during the Defects Liability Period and submission of “As-

built” drawings and other related documents; and other items of

work as may be required to be carried out for completing the works

in accordance with the drawings and the provisions of the contract

and to Insure safety.

(D) Other Items

Any Other Items as required to fulfill all contractual obligations as per

the Bid documents.

10. The following documents also form part of the Contract: [CL.2.3(9)]

11. The law which applies to the Contract is the law of Union of India [CL.3.1]

12. The language of the Contract documents is English [CL.3.1]

13. Limit of subcontracting 25% of the Initial Contract Price [CL.7.1]

14. The Schedule of Other Contractors [CL.8]

15. The Schedule of Key Personnel As per Annex – II to Section I [CL.9]

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

is Rs. 5 lakhs per occurrence with the number of occurrences limited

to four. After each occurrence, the contractor will pay an additional

premium necessary to make insurance valid for four occurrences

17. Site Investigation report [CL.14]

18. The Site Possession dates shall be as per availability of site. [CL.21]

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

shall be 21 days from the issue of Letter of Acceptance.

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

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

programme shall be Rs. …….Lacs

22. The following events shall also be Compensation Events Substantially [CL. 44]

adverse ground conditions encountered during the course of execution

of work not provided for in the bidding document.

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring additional

mobilization by the contractor, e.g. ordinary soil to rock

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

not caused by the contractor.

(iv) Artesian conditions

(v) Seepage, erosion landslide

(vi) River training requiring protection of permanent work

(vii)Presence of historical, archeological or religious structures,

monuments interfering with the works

(viii)Restriction of access to ground imposed by civil, judicial, or

military authority

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

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

If any of the commodities like Cement, Steel or Bitumen are not found

applicable in a work, the weight component of that commodities {i.e.

‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen' (Pb) as indicated in SBD for

the purpose of Price Adjustment} shall be clubbed with the weight

component of ‘Other Material’ (Pm), such that the gross % weight of

the components shall remain as 100%.

R = value of work as defined in Clause 47.1 of Conditions of Contract

Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost due to

labour shall be paid in accordance with the following

VL = Increase or decrease in the cost of work during the month

under consideration due to changes in rates for local

L0 = The consumer price index for industrial workers for the

State on 28 days preceding the scheduled date of opening

of technical Bids as published by Labour Bureau,

Ministry of Labour, Government of India

Li = The consumer price index for industrial workers for the

State for the month under consideration as published by

the Labour Bureau, Ministry of Labour, Government of

Pl = Percentage of labor component of the work.

Adjustment for cement component.

(ii) Prices adjustment for increase or decrease in the cost of

cement procured by the contractor

Vc= Increase or decrease in the cost of work during the month

under consideration due to changes in rates for cement.

C0 = The all India wholesale price index for Ordinary Portland

Cement on 28 days preceding the scheduled date of

opening of technical bid as published by the Office of the

Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce

Ci= The all India average wholesale price index for Ordinary

Portland Cement for the month under consideration as

published by Office of the Economic Adviser,

Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Pc = Percentage of cement component of the work

Adjustment for steel component

(iii)Price adjustment for increase or decrease in the cost of steel

procured by the contractor shall be paid in accordance with

the following formula

Vs= Increase or decrease in the cost of work during the month

under consideration due to changes in the rates for steel

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

- Long Products Rebars) on 28 days preceding the date

of opening of Bids as published by the Office of the

Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce

Si= The all India average wholesale price index for steel (Mild

Steel - Long Products Rebars) for the month under

consideration as published by Office of the Economic

Adviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

Ps = Percentage of steel component of the work

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

Long products Rebars has been chosen to represent the

Adjustments of bitumen component

(iv) Price adjustment for increase in the cost of bitumen shall be

paid in accordance with the following formula

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

under consideration due to changes in rates for bitumen.

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

the nearest center on the day 28 days prior to the

scheduled date of opening of technical bid.

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

nearest center :

 For the first 15 days of the month under

consideration, the price declared on the 1st day of

 For the remaining days of the month under

consideration, the rate declared on the 16th day of

Pb = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

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

and lubricant) shall be paid in accordance with the following

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

under consideration due to changes in rates for fuel and

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

the existing consumer pumps of IOC at the nearest center

on the day 28 prior to the date of opening of Bids.

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

pumps of IOC at the nearest center for the 15th day of the

month of the under consideration.

Pf = Percentage of fuel and lubricants component of the work

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

diesel Oil has been chosen to represent the fuel and

lubricants group.

Adjustment for Construction Machinery

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

and Machinery spare procured by the Contractor shall be paid

in accordance with the following formula

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

under consideration due to changes in rates for plant and

machinery spares

P0 = The all India wholesale price index for manufacturer of

machinery for mining, quarrying and Construction

for the month under consideration as published Office of

the Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce

Pi= The all India average wholesale price index for

manufacturer of machinery for mining, quarrying

and Construction for the month under consideration as

published Office of the Economic Adviser, Department

for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Pp= Percentage of plant and machinery spares component of

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

Machinery and parts has been chosen to represent the

Plant and Machinery Spares group.

Adjustment of other materials Component

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

materials other than cement, steel, bitumen and POL procured

by the contractor shall be paid in accordance with the

following formula

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

month under consideration due to change in rates for local

materials other than cement, steel, bitumen and POL.

M0 = The All Indian wholesale price index (all commodities)

on 28 days preceding the scheduled date of opening of

technical Bids, as published by the Office of the

Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce

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

the month under consideration as published by the Office

of the Economic Adviser, Department for Promotion

of Industry and Internal Trade, Ministry of

Commerce & Industry.

Pm = Percentage of local material components (other than

cement, steel, bitumen and POL) of the work.

The following percentage will govern the price adjustment

for the entire contract:

1. Labour -Pl 35.00%

2. Cement – Pc 0.00%

3. Steel - Ps 0.00%

4. Bitumen – Pb 0.00%

6. Plant & Machinery Spares Pp 55.00%

7. Other Materials - Pm 10.00%

Total = 100.00%

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

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

26. Amount of Liquidated damages for For Whole of work [CL.49]

delay in completion of works (1/2000)th of the Initial contract price,

rounded off to the nearest Thousand, per day.

For sectional Completion (wherever

specified In item 6 of Contract data)

(1/2000)th of initial contract price for #5 km

Section, rounded off to the nearest thousand

27. Maximum limit of liquidated damages 10 percent of the Initial [CL.49]

For delay in completion work Contract Price rounded off to the nearest

28. Amount of Bonus for early completion Amount of bonus for early completion of

work shall be given as per CL.50 of Section-

29. Maximum limit of bonus for early 5 percent of the Contract [CL.50] Price

Completion of work

30. The amount of the advance payment are [CL. 51 & 52] N/A

#Nature of Advances Amount (Rs.)

i. 10% of the On submission of

contract unconditional Bank

Price Guarantee. (to be drawn

before the end of 20% of

the contract period). The

contractor may furnish

four bank guarantees of

2.5 % of each valid for the

ii. 90% for new After equipment is

and 50% of brought to site

depreciated (provided the Engineer

value for old is satisfied That the

equipment. equipment is required

Total amount for performance of the

Total amount for performance of the

will be subject contract) and on

to a maximum submission of

of 5% of the unconditional Bank

Contract Price Guarantee for amount

Advance for Non-perishable

material Brought to site

(The advance payment will be paid to the Contractor no later than 28 days after fulfillment of

the above conditions)

31. Repayment of advance payment for mobilization and [CL. 51.3]

The advance loan shall be repaid with percentage deduction from

the interim payments certified by the Engineer under the Contract.

Deduction shall commence in the next Interim Payment Certificate

following that in which the total of all such payments to the

Contractor has reached not less than 20 percent of the Contract Price

or 6 (six) months from the date of payment of first installment of

advance, whichever period concludes earlier, and shall be made at

the rate of 20 percent (collectively for both Mobilization Advance

and Equipment Advance)of the amounts of all Interim Payment

Certificate until such time as the loan has been repaid, always

provided that the loan shall be completely repaid prior to the expiry

of the original time for completion pursuant to Clause 17 and

33. The securities shall be for the following minimum amounts [CL. 52]

As a percentage of the Contract Price:

Performance Security for 5 percent of contract price plus Rs.

…………….. (to be decided after evaluation of the bid) as additional

security in terms of ITB Clause 29.5.

The standard form of Performance security acceptable to the

Employer shall be an unconditional Bank Guarantee of the type as

presented in Section 8 of the Bidding Documents.

34. The Schedule of Operating and maintenance Manuals…... [CL. 58]

35. The date by which “as– built” drawings (in scale as directed) in 2 [CL. 58]

sets {CL. 58} are required within 28 days of the issue of certificate

of completion of the whole or section of the work, as the case may

36. The amount to be withheld for failing to supply “as built” [CL. 58]

drawings by the Date required is Rs. ……….. Lakhs.

37. The following events shall also be fundamentals breach of [CL. 59.2]

“The Contractor has contravened Sub- clause 7.1 and Clause 9 of

38. The percentage to apply the value of the work not completed [CL. 60]

representing the Employer’s additional cost for completing the

Works shall be 20 per cent.

TECHNICAL SPECIFICATION

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Name of work- Supply of different types of Spares for Pole and Gantry motifs with one year of DLP at Ekta

Nagar on as and when required basis.

A. Scope of work is for Supply of spares for decorative lighting with one year of defect liability

period as per below:

1. The above quoted rate shall be valid for 1 years of contractual period.

2. The scope of work comprises the supply of various types of double-sided and single-sided col-

oured neon flex, associated accessories, electrical consumables and LED floodlight fittings re-

quired for the maintenance, repair and restoration of pole motifs, gantry motifs and other dec-

orative lighting installations at Ekta Nagar.

3. The materials shall be supplied on an as-and-when-required basis, as per the quantities and

technical specifications mentioned in the Bill of Quantities (BOQ), and as directed by the En-

gineer-in-Charge (EIC). The supply shall include all necessary accessories and components

specified against the respective items, proper packing, transportation and delivery at the desig-

nated location.

4. A Defect Liability Period (DLP) of one year shall be applicable to the supplied materials, com-

mencing from the date of acceptance of the respective supply, or as otherwise stipulated in the

contract. Any defects attributable to manufacturing or material quality during the applicable

DLP shall be rectified or the affected materials replaced by the agency, at no additional cost to

the Nigam, in accordance with the contract conditions.

5. Items must be as per the specifications mentioned in Bill of Quantities.

6. Time limit for the Supply of said work is 1 year from the date of issue of LOA. DLP period

will be 1 year from the date of supply of material at site.

7. Agency has to submit Technical Specifications for approval of SSNNL before material supply at

Ekta Nagar site.

8. Agency has to submit BIS, LM 79, LM 80 & IP certificates for the Neon Flex / Flood Light/Drivers.

Also, manufacturers have to utilize LED of standard Make i.e., Cree / Osram / Nichia / Lumileds /

9. Guarantee / Warranty period:

 If the supplied items are found defective due to Manufacturing defect, bad design/ mate-

rials the same should be repaired or replaced by contractor at free of cost, if reported

within 12 months from the date of supply.

 Security Deposit (SD) should be valid for full guarantee period (for 15 months from the

date of supply).

10. Bidder shall be bound to follow the safety procedure while designing/supply of all Electrical items

& Equipments as per Government norms.

11. Bidder shall be bound to supply standard materials and maintain work quality for execution of work.

12. There is a possibility that there might be significant increase / decrease in the amount of work item

quantity owing to the site conditions or instructions of the Engineer In Charge.

13. The contractor has to submit the item make list with rating of electrical items & equipments under

this contract and got approved from the Engineer In Charge then after procurement and execution

of work shall be commenced.

14. The supplier shall carry out the entire work in the best workmanship like manner.

15. Contractor has to submit the Guarantee / Warranty Certificate along with supply.

16. Contractor is bound to render any technical assistance, clarifications and guidance, on technical

problems if needed relating to the electrical installations supplied by the contractor.

17. Contractor shall provide detailed programme / schedules for supply of materials at site in the con-

tract before the actual supply of materials.

18. Contractor is bound to provide any other related services though not specifically mentioned herein

but necessary for proper execution of the work as stipulated.

19. Payment shall be paid as per actual material supplied at site.

20. Contractor has to supply material as per “Detail material specifications” as listed in Bill of Quanti-

21. Ratings / specifications and make of the electrical equipment’s and items shall be finalized before

22. The quantity mention in the tender is indicative. There are possibilities for increase or decrease in

the item quantity as will be utilized during the execution period of contract on as and when required

23. TDS will be deducted as per prevailing rules and regulation of government.

24. Transportation of materials are in the scope of bidder.

25. Agency has to supply material at Ekta Nagar store as per instruction of Engineer In Charge.

26. Bidder may visit and survey the site before participating in bidding process. The cost of site

visit shall be borne by bidder only.

27. Bidder shall be bound to use standard materials.

28. All drivers, luminaries etc. must be ISI MARKED Positively.

29. The prices filled should be inclusive of all applicable levies, transportation & other unforeseen

charges excluding GST.

30. Law Governing Contract: This Contract, its meaning and interpretation, and the relation between

the Parties shall be governed by the applicable Law of India and the State of Gujarat.

31. Payments shall be made as per actual supply quantity of items and as per payment schedule finalized

32. The materials specified in tender shall be transported immediately to the place, time and within the

time limit according to the instructions of Engineer In charge. To and fro material transportation to

site and its cost is in the scope of bidder only.

33. Government ceremonies are the reflection of state's prestige. Hence, all the material should be of

high quality and should be properly cleaned and as per the approval of Engineer In charge. Please

note that no exemption shall be given in this matter.

34. If this office is required to execute any work on the directives of higher offices/officials, then the

agency shall undertake the work immediately on the basis of verbal or telephonic instructions and

without any prior written notice.

35. The agency shall not deploy any person in connection with any activity under the scope of this work,

who is minor according to the Law.

36. In case of non-working of installations agency has to either repair or replace faulty items immedi-

37. The persons of the agency shall be covered by the Rules and Regulations of the SSNNL to carry out

the work, which may change from time to time and they should follow the instructions given by the

nominated officers of the SSNNL from time to time.

38. The agency shall abide by all the rules and regulations, codes and conducts of the employer’s laid

down by the Government from time to time.

39. Any SSNNL property damage by the agency then the agency is responsible for making good as

before. The cost of damage items and repair of such damage will be recovered from the agency.

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Description of the Works:

1. We offer to execute the Works described above and remedy any defects therein in conformity with the

conditions of Contract, specification, drawings, Bill of Quantities and Addenda for the sum (s) of

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

receipt of the Engineer’s notice to commence, and to complete the whole of the Works in the Contact

within the time stated in the document.

3. We agree to abide by this Bid for the period of 120 Days from the date fixed for receiving the same, and

it shall remain binding upon it and may be accepted at any time before the expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid, together with your written

acceptance thereof, shall constitute a binding contract between us.

5. We understand that you are not bound to accept the lowest or any tender you may receive.

------- duly authorized to sign bids for and on behalf of -----------------------------------

(in block capitals or typed)