CONSTRUCTION OF NEW CLASS ROOMS IN NABHOI PRIMARY SCHOOL AT NABHOI VILLAGE OF GMC AREA

8 Section -7 Bill of Quantities 80 –

9 Section -8 Securities and Other Forms 84 –

10 Section -9 Drawings

11 Section -10 Documents to be furnished by 98 –

INVITATION FOR BID

NATIONAL COMPETITIVE BIDDING

The Deputy Municipal Commissioner, CONSTRUCTION OF NEW CLASS ROOMS IN NABHOI PRIMARY

SCHOOLAT NABHOI VILLAGE OF GMC AREA

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

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

value of works (Rs.) document completion Registration/

(Rs.) Category of

CONSTRUCTION OF NEW

CLASS ROOMS IN NABHOI Rs. Rs. Rs. 3600 + 06 Months “C” class &

PRIMARY SCHOOLAT 1,18,33,761.68/- 1,18,350 Rs. 648 (18% Above

NABHOI VILLAGE OF GMC /- GST) = Rs.

2. Prospective / Interested bidder may download the Bid Documents from Dt. 00-00-2025 to 00-

00/2025 Till 00:00 Hours website https:// www.tender.nprocure.com free of cost till the

Time and Date as mentioned on online NIT at website https:// www.tender.nprocure.com.

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

/Tender Fee through Demand Draft only of any Schedule Bank payable at Gandhinagar and in

favour of ‘The Deputy Municipal Commissioner, Gandhinagar Municipal Corporation,

Gandhinagar’. Once the Bid is received online, Bid Document / Tender Fee will not be

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

/ EMD shall be submitted in electronic format through online (by scanning) while uploading the

bid, this submission shall meaSn that bid document / tender fee and Bid Security / EMD has

been received. Accordingly, the offer of only those shall be opened whose Bid Document /

Tender Fee and Bid Security / EMD have been received electronically. However, for the purpose

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

original through

R.P.A.D. so as to reach to The Deputy Municipal Commissioner, Gandhinagar Municipal

Corporation (GMC) Pandit Dindayal Upadhyaya Bhavan, Behind Fire Station, Sector –

Gandhinagar within 7 Days from the last day of bid submission. (Between Dt.00-00-2025 to

00- 00-2025 up to 00:00 Hours)

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

to The Deputy Municipal Commissioner, GMC, Gandhinagar bidder shall be initiated.

4. Bids received online, will be opened on the Dt. 00-00-2025 at 00:30 Hours at The Deputy

Municipal Commissioner, Gandhinagar Municipal Corporation (GMC), Gandhinagar as

specified in the online NIT at website https:// www.tender.nprocure.com in the presence of the

bidders or their authorized representatives, who wish to remain present.

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

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

5. A pre bid meeting will be held on Dt. 00-00-2025 at 00:30 Hours at the office of The Deputy

Municipal Commissioner, Gandhinagar Municipal Corporation (GMC), Gandhinagar to

clarify the issues and to answer questions on any

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

of the bidding documents.

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

rounded off to the next thousand rupees.

7. Other Information is as under:

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

submission date and time. After the tender submission date and time, the bidder cannot modify

/ edit / withdraw their submitted offer in any case. No written or online request in this regard

shall be granted.

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

c. Demand Draft purchased by the other then bidder and issued after the last date of submission of

Bids, will not be considered or accepted.

d. The cost incurred by the contractor for this offer for clarification or attending discussion,

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

e. Conditional tender shall not be accepted.

f. Any changes, addition, alternation made in the prescribed form attached with tender are liable

to be rejected.

g. Any change in format or conditional Bank Guarantee will not be accepted and the bidder will be

considered non-responsive.

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

in the checklist /qualification document / tender document.

i. It is mandatory for the bidders to supply each and every information as asked strictly in

electronic format at appropriate places only.

j. Blank / insufficient information shall be treated as nil information and shall result in

disqualification.

k. Even if the bidder has been qualified in a similar or larger size of project in the past, it shall not

be deemed to be a ground / reason for not giving required information for this work / bid.

l. Information supplied for earlier projects shall not be considered while evaluation of this bid.

The Government will not ask for any other information, unless it is found absolutely necessary

by the competent authority.

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

following documents shall be submitted in electronic format only through online by scanning

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

to the Tender opening authority through RPAD, so as to reach The Deputy Municipal

Commissioner, Gandhinagar Municipal Corporation (GMC) within 7 days from last day of

submission of Bid.

List of Mandatory Documents

Bid Document Fee / Tender Fee

Bid Security / EMD

Registration Certificate “C” class & Above

Litigation History

Bank Certificate

INSTRUCTIONS TO BIDDERS

Section 1: Instructions to Bidders

Table of Clauses

A. General D. Submission of Bids

Scope of Bid 19. Sealing & Marking of Bids

Source of Funds 20. Deadline for Submission of Bids

Eligible Bidders 21. Late Bids

Qualification of the Bidder 22. Modification and Withdrawal of Bids

One Bid per Bidder

Cost of Bidding E. Bid Opening and Evaluation

Site Visit 23. Bid Opening

B. Bidding Documents 25. Clarification of Financial Bids

Content of Bidding Documents 26. Examination of Bids and Determination of

Clarification of Bidding Documents 27. Correction of Errors

Amendment of Bidding Documents 28. Deleted

29. Evaluation and Comparison of Financial Bids

C. Preparation of Bids 30. Deleted

Language of Bid

Documents Comprising the Bid F. Award of Contract

Bid Prices 31. Award Criteria

Currencies of Bid and Payment 32. Employer’s Right to Accept any Bid and to Reject any or all

Bid Validity 33. Notification of Award and Signing of Agreement

Bid Security 34. Performance Security

Alternative Proposals By Bidders 35. Advance Payment and Security

Format and Signing of Bid 36. Dispute Review Expert

37. Correct or Fraudulent Practices

1. Scope of Bid

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

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

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

table given in IFB.

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

completion date specified in the Contract data.

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

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

2. Source of Funds

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

Govt. of India for centrally sponsored projects.

3. Eligible Bidders

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

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

statement that the Bidder is neither associated, nor has been associated, directly or

indirectly, with the consultant or any other entity that has prepared the design,

specifications, and other documents for the Project or being proposed as Project

Manager for the Contract. A firm that has been engaged by the Employer to provide

consulting services for the preparation or supervision of the works, and any of its

affiliates, shall not be eligible to bid.

4. Qualification of the Bidder

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

preliminary description of the proposed work method and schedule, including

drawings and charts, as necessary. The proposed methodology should include a

program of construction backed with equipment planning and deployment duly

supported with broad calculations and quality assurance procedures proposed to be

adopted justifying their capability of execution and completion of work as per

technical specifications, within stipulated period of completion.

4.5 QUALIFICATION CRITERIA:

(Applicable for the works which require Post Qualification)

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

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

and equipment capabilities and financial positions, as demonstrated by the

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

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

experience and resources shall not be taken in to account in determining the

applicants compliance with the qualifying criteria

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

experience and resources sufficient to meet the aggregate of the qualification

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

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

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

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

Year Financial Year Multiplying factor

Base year of inviting tender 2025-2026

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

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

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

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

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

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

amount in foreign currency into India rupees.

4.5.3. General Experience.

Similar Nature of Work :

The bidder must have completed similar nature of work i.e., Construction Any type

of Building work within last Five financial years and up to one month prior to last

date of submission of the bid of value not less than in One Contract 40% of

estimated cost+gst (Rs.47,33,504/ + Rs. 8,52,031/- = Rs.55,85,535 /-) estimated

cost in Gov. / semi Gov. / ULB with in last five years.

The Applicant shall meet with the following minimum criteria:

Bidder must have achieved minimum average annual financial turnover (at current price

level) from contract receipt of works (in all classes of civil engineering construction works

only) Of Rs.19,11,840/- (Min. 50% of Tender Cost) in Last Five financial years i.e. from

April-2019-20 to March – 2023-24

The details pertaining to turnover shall be certified by Chartered Accountant on his own letter

head and duly attested. Turnover of April 2022-23 to March 2024-25 financial year shall be

considered subject to submission of provisional/audited certificate from chartered accountant

The employers shall be submitted along with the application incorporating clearly the

name of the work, contract value, billing amount, date of commencement of works,

satisfactory performance of the contractor and any other relevant information.

4.5.4. Personnel Capabilities.

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

4.5.5. Equipment Capabilities:

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

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

construction schedule are shown in the Appendix.

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

their bid, a detailed construction planning and methodology supported with layout

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

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

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

production capacity to match the requirements.

4.5.6. Financial Position

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

(aggregate of working capital, cash in hand and uncommitted bank guarantees) and credit

facilities up to 25 percent of the value of the contract / contracts applied (29.58 lac) AS per

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

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

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

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

4.5.8. Litigation History

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

from contracts completed or under execution by him over the last five years. A consistent

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

of the applicant. The bidder Should Submit Detail As per Annexure at para 1.11 Of Section-2

Qualification information on their letter head, the decision of GMC shall be final in this

4.5.9. Disqualification

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

disqualified if they have:

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

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

for which the reasons are attributable to the non – performance of the contractor;

consistent history of litigation awarded against the applicant or financial failure due

to bankruptcy. The rescinding of contract of a joint venture on account of reasons

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

pulling out, court directions leading to breaking up of a joint venture before the start

of work, which are not attributable to the poor performance of the contractor will,

however, not affect the qualification of the individual partners.

4.6 JOINT VENTURE: Deleted

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

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

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

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

the completed as well as works in Progress.

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

to be completed during the next 6 month ( period of completion of work for

which bids are invited ); and

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

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

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

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

to be disqualified if they have:

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

Attachments the submitted in proof the qualification requirements; and / 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

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

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

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

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

addenda issued in accordance with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

Tender Notice / (SBD)

1 Instructions to Bidders

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

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

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

V in two parts (refer clause 12).

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

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

and drawings in the Bid Document. Failure to comply with the requirements of Bid

Documents shall be at the bidder’s own risk. Pursuant to clause 26 hereof, bids

which are not substantially responsive to the requirements of the Bid Documents

shall be rejected.

9. Clarification Bidding Documents

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

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

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

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

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

description of the enquiry but without identifying its source.

9.2. Pre-bid meeting (If Applicable)

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

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 addenda.

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

assume no responsibility for the same.

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

preparing their bids, the Employer may, at his discretion, extend as necessary the deadline

for submission of bids, in accordance with Sub-Clause 20.2 below.

C. PREPARATION OF BIDS

11. Language of the Bid

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

12. Documents Comprising the Bid

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

be in two separate parts:

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

(i) Bid Security in the form specified in Section

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

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

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

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

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

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

the priced Bill of Quantities submitted by the Bidder.

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

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

(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.

23. The rates quoted shall be Exclusive of GST, but inclusive of all other taxes and cess or

levies or duties which shall not be paid extra.

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

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

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

14. Currencies of Bid and Payment

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

All payments shall be made in Indian Rupees.

15. Bid Validity

15.1 Bids shall remain valid for a period of not less than 180 days after the deadline

date forbid submission specified in Clause

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

may request that the bidders may extend the period of validity for a specified period.

A bidder may refuse the request without forfeiting his bid security. A bidder agreeing

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

required to extend the validity of his security for a period of the extension, and in

compliance with Clause 16 in all respects.

#16. Bid Security

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

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

favor of Employer as named in Appendix and may be in one of the following forms;

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

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

and Bank Guarantee of Schedule and Private Banks shall be considered as per GoG Finance

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

their latest amendment.

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

approved by the Reserve Bank of India.

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

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

of Gujarat. Exemption Certificate is applicable only when Registration Certificate of

Appropriate Class and Category of Approved Contractors is required as eligible criteria

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

bid shall be valid for 45 days beyond the validity of the bid i.e. total validity of 180+45 =

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 T h e 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

22. Modification and Withdrawal of Bids

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

Clause 20 or pursuant to Clause

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

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

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

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

security pursuant to Clause

E. BID OPENING AND EVALUATION

23. Bid Opening

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

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

attend at time, date and the place specified in Appendix in the manner specified in

Clauses 20 and 23.3, In the event of the specified date of Bid opening being declared a

holiday for the Employer, the Bids will be opened at the appointed time and location

on the next working day.

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

furnished with each bid will be announced. If the bid security furnished does not

conform to the amount and validity period as specified in the invitation for bid (ref.

Column 4 and paragraph 3), and has not been furnished in the form specified in Clause

16, the technical bid will not be opened.

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

accompanied with valid bid security will be taken up for evaluation with respect to the

Qualification information and other information furnished in part I of the bid pursuant

to Clause 12.1.

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

with respect to any required clarification.

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

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

Evaluation Committee will finalize the list of responsive bidders whose financial bids

are eligible for consideration.

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

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

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

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

will be opened. The responsive Bidders’ names, the Bid prices, the total amount of each

bid, any discount, and such other details as the Employer 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’

26. Examinations of Bids and Determination of Responsiveness

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

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

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

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

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

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

quantities, technical specifications, and drawings.

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

conditions and specifications of bidding documents, without material deviation or

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

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

any substantial way, inconsistent with the Bidding documents, the Employer’s rights

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

affect unfairly the competitive position of other Bidders presenting substantially

responsive Bids.

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

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

withdrawal of the non-conforming deviation or reservation.

29. Evaluation and Comparison of Financial Bids

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

substantially responsive in accordance with Sub-Clause 26.2.

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

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

of the Bidding documents or otherwise result in unsolicited benefits for the

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 determined.

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

lowest evaluated Bid Price; and

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

the lowest evaluation in any of the packages opened earlier than the one

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

is less than the evaluated bid price, even if the said bid is the lowest evaluated bid.

The contract will in such cases be awarded to the next lowest bidder at his

evaluation bid price.

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

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

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

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

Bidder or any obligation to inform the affected Bidder or Bidders of the grounds for

the Employer’s action.

33. Notification of Award and Signing of Agreement

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

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

confirmed by registered letter. This letter (hereinafter and in the condition of

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

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

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

Contract called the “Contract Price”).

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

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

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

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

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

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

and deliver it to the Employer.

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

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

34. Performance Security

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

furnish to the Employer an irrevocable and unconditional guarantee from a Bank

in the form set forth in Section 8 (the “Performance Security”) for an amount equal

to 5% (five percent) of its Contract Price. In case of bids mentioned below, the

successful Bidder, along with the Performance Security,

shall also furnish to the Authority an irrevocable and unconditional guarantee

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

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

calculated as under:

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

20% of the Estimated Project Cost, then the Additional Performance Security

shall be calculated @ 20% of the difference in the (i) Estimated Project Cost (as

mentioned in Bid Document) - Minus 10% of the Estimated Project Cost and (ii)

Contract Price offered by the selected Bidder.

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

Estimated Project Cost, then the Additional Performance Security shall be

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

mentioned in Bid Document) - Minus 10% of the Estimated Project Cost and (ii)

Contract Price offered by the selected Bidder.

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

Performance Security.

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

Liability Period and the Additional Performance Security shall be valid beyond

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

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

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

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

acceptable to the Employer. As per GoG Finance Department’s Circular No.

FD/MSM/e-file/4/2023/0057/D.M.O. Date 21/04/2023 or as per their latest

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

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

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

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

the Conditions of Contract.

APPENDIX TO ITB

Clause Reference With respect to Section –I

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

Commissioner, Gandhinagar Municipal Corporation (GMC),

2. The last five years.

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

4. Value of Work is Rs. 1,18,33,761.68/-

8. Liquid assets and availability of credit facilities is Rs. [Cl.4.5.6 ]

9. Price level of the financial year 2025-2026 [Cl. 4.5.2]

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

Commissioner, Gandhinagar Municipal Corporation (GMC),

11. The technical Bid will be opened at the office of the

12. Address of the Employer: The Deputy Municipal Commissioner,

Gandhinagar Municipal Corporation (GMC), Gandhinagar

14. The bid should be submitted latest by As stated on [Cl. 20.1 & 20.2]

15. The bid will be opened at GMC Office As stated on online NIT [Cl. 23.1 ]

16. The Bank Draft in favor of The Deputy Municipal Commissioner,

Gandhinagar Municipal Corporation (GMC), Gandhinagar

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

figure to a common base value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender 2025-2026

LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT

[Reference CL. 4.5.5]

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

propose to use on the work.

Sr. Plant or Location Age of Make Capacity Approximate Remark

No. Machinery Machinery Value

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

# Employment of a qualified site Engineer by the Contractor.

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

work as under: -

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

to be executed is more than Rs.50 lakh

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 one Diploma Civil Engineer when the cost of work is less than Rs.15 lakhs

but more than Rs.5 lakhs.

4. Minimum two 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

marksheet, Colour Photograph and the appointment order issued such engineers

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

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

the rate of Rs.15,000-00 per month per Engineer will be made from the

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

QUALIFICATION INFORMATION

QUALIFICATION INFORMATION

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

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

This information will not be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of

Bidder (Attach Copy)

Place of registration

Principal place of business

Power of attorney of signatory of Bid

1.2 Total value of Civil engineering constructions 2024-2025

Work performed in the last five years 2023-2024

(in Rs. Lakhs) 2022-2023

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

sub- contractor will also be considered the sub-contract involved execution of all

main items of work described in the bid documents, provided further that all other

qualification criteria are satisfied (in the same name) on works of a similar nature

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

Project Name of Description Contract Value of Date Stipulated Actual date Remark

Name the of work No. contract of period of of explaining

Employer (Rs. issue completion completion* reasons for

Crore) of delay &

order Completed

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

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

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

nominated sub-contractor, will also be considered provided the sub-contract

involved execution of all main items of work described in the bid document,

provided, further that all other qualification criteria are called (in the same name and

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

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

of the the Cement Masonry Earth Bituminous (indicate

work Employer Concrete Works Work contract 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:

Description Place Contract Name & Value Stipulated Value of Anticipated

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

State of (Rs. Cr) Completion remaining 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.

Item of Requirement Availability Proposals Remarks

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

Leased to be Capacity Conditions whom to

1.6 Qualifications and experience of key personnel required for administration and

execution of the contract. Attach biographical data. Refer also to Sub Clause 9.1 of

the Conditions of Contract.

Position Name Qualification Year of Year of

Experience experience in

(General) the proposed

Project Manager

1.7 Proposed sub-contract and firms involved

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

works Contractor (Name & similar work

Attach copies of certificates on possession of valid license for executing water

supply/ sanitary work/ building electrification works.

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

auditors’ reports (in case of companies/corporations), etc. List them below and

1.9 Evidence of access to financial resources to meet the qualification requirements:

cash in hand, lines of credit, etc. List them below and attach copied documents.

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

may provide references if contacted by the Employer.

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

Other Party Employer Cause of Amount Remarks

(ies) Dispute Involved showing

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

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

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

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

documents. (Refer ITB Clause 4.1)

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

(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

(on non-judicial stamp paper of Rs 300/- appropriate value, duly attested by

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

attachments are true and correct.

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

have not abandoned any work of

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

Government of Gujarat/Government of India nor any contract awarded to us for

such works have been rescinded, during last five years prior to the date of this

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

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

(Signed by an Authorized officer of the firm)

Title of officer

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A General Page D. Cost Control

1 Definitions 37 37 Bill of Quantities

2 Interpretation 38 38 Changes in the Quantities

3 Language and Law 39 39 Variations

4 Engineer’s Decisions 39 40 Payments for Variations

5 Delegations 39 41 Cash Flow Forecasts

6 Communications 39 42 Payment Certificates

7 Sub-Contractors 39 43 Payments

8 Other Contractors 39 44 Compensations Events

9 Personnel 40 45 Tax

10 Employer’s & Contractor Risk 40 46 Currencies

11 Employers Risks 40 47 Price Adjustment

12 Contractor’s Risk 40 48 Retention

13 Insurance 40 49 Liquidated damages

14 Site Investigations Reports 41 50 Bonus

15 Queries about the Contract 41 51 Advance Payment

16 Contractors to Construct the 41 52 Securities

17 The Works to be Completed By 41 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 41 54 Cost of Repair

20 Discoveries 42 E. Finishing the Contract

21 Possession of the Site 42 55 Completion

22 Access to the Site 42 56 Taking Over

23 Instructions 42 57 Final Account

24 Disputes 42 58 Operating and Maintenance

25 Procedure for Disputes

26 Deleted 43 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 44 62 Release from Performance

28 Extensions of the Intended

completion date

29 Deleted 44 F. Special Conditions of

30 Delays Ordered by The 44 63 Labour

Engineer 64 Compliance with labour

31 Management Meetings 45 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

CONDITIONS OF CONTRACT

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

Conditions of Contract but keep their defined meaning.

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

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. 1 Years (12 Month) It consists of the documents listed in Clause

The Contract data defines the documents and other information which comprise

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

has been accepted by the Employer.

The Contractor’s Bid is the 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 Works.

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

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

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

the Contract Data. The Intended Completion Date may be revised only by the

Engineer by issuing an extension of time.

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

incorporation in the works.

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

electronic or chemical or biological functions.

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

Site Investigation Reports are those which were included in the Bidding

documents and are factual interpretive reports about the surface and subsurface

conditions at the site.

Specifications means the Specifications of the works included in the

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

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

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

with any of the Site Possession Dates.

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

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

Temporary Works are works designed, constructed, installed, and removed

by the Contractor which are needed for construction or installation of the Works.

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

Works are what the Contract requires the Contractor to construct, install,

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

2. Interpretation

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

means female or neuter and the other way around. Heading have no significance.

Words have their normal meaning under the language of the Contract unless

specifically defined. The Engineer will provide instructions clarifying queries about

Conditions of Contract.

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

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

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

Date and Intended Completion date for the whole works)

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

(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

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

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

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

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

part of work to be subcontracted.

8. Other Contractors

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

authorities, utilities and the Employer between the dates given in the Schedule of

other Contractor. The Contractors shall as refer to in the Contract Data, also provide

facilities and services for them as described in the Schedule. The employer may

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

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

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

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

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

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

specification and Drawings.

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

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

carry out the Works in accordance with the programme submitted by the

Contractor, as updated with the approval of the Engineer, and complete them by the

Intended Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the proposed

Temporary works to the Engineer, who is to approve them if they comply with the

Specifications and drawings.

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

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

the Temporary works.

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

works where required.

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

permanent work are subject to prior approval by the Engineer before their use.

18.6 The contractor shall carry out all the process “Detailed Design” of civil structural and

electrical and instrumentation designs and submit to client or their representative

for review and approval before executing the same. This is applicable to all the

components of this project.

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

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 Municipal Commissioner, GMC

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.

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

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

achieved on each activity and the effect of the progress achieved on the timing of

the remaining work including any changes to the sequence of the activities.

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

programme at intervals no longer than the period stated in the Contract data. If

the Contractor does not submit an updated programme within this period, the

Engineer may withhold the amount stated in the Contract data from the next

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

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

obligations. The Contractor may revise the programme and submit it to the

Engineer again at any time. A revised programme is to show the effect of

Variations and Compensations events.

28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date if a compensation Event

occurs or a Variation is issued which makes it impossible for completion to be

achieved by the Intended Completion Date without the Contractor taking steps to

accelerate the remaining work and which would cause the Contractor to incur

additional cost.

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

Completion Date within 35 days of the Contractor asking the Engineer for a

decision upon the effect of a compensation event or Variation and submitting full

supporting information. If the Contractor has failed to give early warning of a

delay or has failed to cooperate in dealing with a delay, the delay by this failure

shall not be considered in assessing the new Intended Completion Date.

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

contractor for extension of Intended Completion Date refer to the Employer his

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

engineer the acceptance or otherwise of the Engineer’s decision. If the employer

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

contractor may refer the matter under Clause

30. Delays Ordered by the Engineer

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

activity within the works.

31. Management Meetings

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

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

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

the early warning procedure.

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

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

The responsibility of the parties for actions to be taken is to be decided by the

Engineer either at the management meeting or after the management meeting

and stated in writing to all who attended the 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

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

be 3 Months from the certified date of completion.

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

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

completion or one monsoon, whichever is later.

(c) For major projects costing more than Rs. 1 crore, the period shall be 36 Months

from the certified date of completion which should include three monsoons.

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

4 monsoon period following date of possession of building taken over by user

agency following the certified date of completion, whichever is later.

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

treated as the last date.

Modified vide R & B D Circular No. PAC-11-102008-2076-N dated 31/8/2009,

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

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

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

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

date of completion.

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

contractor shall have to give four years free maintenance guarantee from the

certified date of completion. During this period the contractor shall visit the site

every six months along with the concerned Section Officer / Deputy 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 15 days by the contractor at his risk and cost as per

the direction of Engineer in charge. The contractor needs to do videography of these

visits and require to submit at the time of release of FMG. If B.T. the surface during

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

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

amount equivalent to 5% of each running bill shall be withheld and will be

released after the free maintenance guarantee period (i.e. 4 years) is over.

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

pledged in the name of 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.

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

The contractor shall have to set up the laboratory with adequate equipment. Till the

setting up of adequate laboratory is completed & reported of this to the engineer

(subject to due verification by engineer’s representative) by contractor in writing,

Rs.2,00,000/- shall be withheld. The qualified quality Engineer shall be deployed

exclusively for this contract by the contractors. If quality Engineer is not deployed by

contractor within one month after the date of work order, the amount equivalent to

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

The amount so recovered towards the deployment of quality engineers shall not be

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

dtd.31/05/07 before final bill is paid.

(6) Maintenance during Construction Period

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

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

time materially inferior as compared to their condition 10 (ten) days prior to the date of

the Agreement, and shall undertake the necessary repair and maintenance works for

this purpose; provided that the Contractor may, at his cost, interrupt and divert the flow

of traffic if such interruption and diversion is necessary for the efficient progress of

works and conforms to Good Industry Practice; provided

further that such interruption and diversion shall be undertaken by the Contractor

only with the prior written approval of the City Engineer GMC which approval shall

not be unreasonably withheld. For the avoidance of doubt, it is agreed that the

Contractor shall at all times be responsible for ensuring safe operation of the road.

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

defects that are found. Such checking shall not affect the Contractor’s

responsibilities the Engineer may instruct the Contractor to search for a Defect and

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

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

Specification to check whether any work has a Defect and the test shows that it

does, the Contractor shall pay for the test and any samples. If there is no defect the

test shall be a Compensation Event.

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

contractor for testing the quality of material workmanship, irrespective of actual

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

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

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

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

Executive Engineers stationed at the same place or the nearest place.

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

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

then the contractor shall within seven days of the date of receipt by him of the order

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

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

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

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

consider it advisable, provided always that if the contractor shall commence work

or incur any expenditure in regard thereof before the rates shall have been

determined as lastly herein before mentioned, then in such cases he shall only be

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

prior to the date of the determination of the rate as aforesaid according to such rate

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

decision of the GMC of the Circle shall be final.

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

drawings and specifications recommended by the contractor and accepted by the

competent authority, the alternation above referred to shall be within the scope of

such designs, drawings and specifications appended to the tenders.

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

proportion that the increase in the cost occasioned by alterations bears to the cost

of the original work and the certificate of the Engineer-in-charge as to such

proportion shall be final and conclusive.

41. Cash Flow Forecasts

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

updated cash flow forecast.

42. Payment certificates.

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

value of the work completed less the cumulative amount certified previously.

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

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 Authority.

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

by the Employer and shall be deemed covered by other rates and prices in the

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 contract data:

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

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

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

stipulated time for reasons attributable to the contractor.

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

given in the contract data.

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

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

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

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

executed under variations for which price adjustment will be worked separately

based on the terms mutually agreed.

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

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 exceed the amount

contract data). The total amount of liquidated damages shall not exceed the amount

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

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

Contractor’s liabilities.

49.2 If the Intended Completion Date is extended after liquidated damages have been

paid, the Engineer shall correct any overpayment of liquidated damages by the

Contractor by adjusting the next payment certificate. The Contractor shall not be

entitled for any interest on the over payment calculated from the date of payment to

the date of repayment.

49.3 If the contractor fails to comply with the time for completion as stipulated in the

tender, then the contractor shall pay to the employer the relevant sum stated in the

Contract Data as Liquidated damages for such default and not as penalty for

everyday or part of day which shall elapse between relevant time for completion

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

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

The employer may, without prejudice to any other method of recovery

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

contractor. The payment or deduction of such damages shall not relieve

the contractor from his obligation to complete the works on from any other of his

obligations and liabilities under the contract.

49.4 If, before the Time for Completion of the whole of the Works or, if applicable any

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

Section, the liquidated damages for delay in completion of the remainder of the

Works or of that Section shall, for any period of delay after the date stated in such

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

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

to the value of the whole of the Works or Section, as applicable. The provisions of

this Sub-clause shall only apply to the rate of liquidated damages and shall not

affect the limit thereof.

50 Bonus - Deleted

51. Advance Payment. - Deleted

52.1 The performance Security (including additional security for unbalanced bids) shall

be provided to the Employer no later than the date specified in the Letter of

Acceptance and shall be issued in an amount and form and by a bank or surety

acceptable to the Employer, and denominated in Indian Rupees. The performance

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

Liability Period and the additional security for unbalanced bids shall be valid until a

date 28 days from the date of issue of the certificate of completion.

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the Works between

the Start date and the end of Defects Correction periods shall be remedied by the

Contractor at the Contractor’s cost if the loss or damages arises from the

Contractor’s acts or omissions.

E. FINISHING THE CONTRACT

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

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

56. Taking Over

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

Engineer issuing a certificate of Completion.

57. Final Account

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

amount that the Contractor considers payable as full and final 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

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 Engineer;

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

7. The Contractor has delayed the completion of works by the number of days for

which the maximum amount of liquidated damages can be paid as defined in the

Contract data; and

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

fraudulent practices in competing for or in executing the Contract.

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

giving, receiving or soliciting of anything of value to influence the action of a public

official in the procurement process or in contract execution. “Fraudulent practice”

means a misrepresentation of facts in order to influence a procurement process or

the execution of a contract to the detriment of the borrower, and includes collusive

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

prices at artificial non-competitive levels and to deprive the Borrower of the

benefits of free and open competition.

59.3 When either party to the Contract gives notice of a breach of contract to the

Engineer for a cause other than those listed under Sub Clause 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

60. Payment upon Termination

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

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

advance payments received up to the date of the issue of the

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

deducted at source as per applicable law and less the percentage to apply to the

work not completed as indicated in the Contract data. Additional Liquidated

Damages shall not apply. If the total amount due to the Employer exceeds any

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

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 transport.

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

return in detail, in such form and at such intervals as the Engineer may prescribe,

showing the staff and the numbers of the several classes of labour from time to

time employed by the Contractor on the site and such other information as the

Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub- contractor

shall abide at all times by all existing labour enactments and rules made

thereunder, regulations, notification and bye laws of the State or central

Government or local authority and any other labour law (including rules),

regulations, bye laws that may be passed or notifications that may be issued

under any labour law in future either by the State or the Central Government or

the local authority. Salient features of some of the major labour laws that are

applicable to the construction industry are given below. The Contractor shall keep

the Employer indemnified in case any action is taken against the Employer by the

competent authority on account of contravention of any of the provisions of any

Act or rules made thereunder, regulations or notifications including amendments.

If the Employer is caused to pay or reimburse, such amounts as may be necessary

to cause or observe, or for observance of the provisions stipulated in the

notifications/bye laws/Acts/Rules/regulations including amendments, if any, on

the part of the Contractor, the Engineer/employer shall have the right to deduct

any money due to the Contractor including his amount of performance security.

The Employer/Engineer shall also have the right to recover from the Contractor

any sum required or estimated to be required for making good the loss or damage

suffered by the Employer.

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

treated as the employees of the Employer at any point to time.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS 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 employment.

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

satisfaction of certain conditions on separation if an employee has completed 5 years

service or more on death, the rate of 15 days wages for every completed year of service.

The Act is applicable to all establishments employing 10 or more employees.

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

monthly contributions by the employer plus workers @ 10% or 8.33% The benefits

payable under the Act are :

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

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

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951 :- The Act provides for leave and some other benefits to

women employees in case of confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970 : The Act provides for certain

welfare measures to be provided by the Contractor to contract labour and in case the

Contractor fails to provide, the same are required to be provided, by the Principal

Employer by Law. The principal Employer is required to take Certificate of Registration

and the Contractor is required to take license from the designated Officer. The Act is

applicable to the establishments or Contractor of Principal Employer, if they employ

or more contract labour.

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

Minimum Wages fixed by appropriate Government as per provisions of the Act, if the

employment is a scheduled employment. Construction of Building, Roads, Runways are

scheduled employment.

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

paid, when it will be paid and what deductions can be made from the wages of the

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 upto the establishment and back, etc.

O) The Building and Other Construction workers (Regulation of employment and

Conditions of Service) Act 1996 and the Cess Act of 1996:- All the establishments

who carry on any building or other constructions work and employ 10 or more workers

are covered under this 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 10 persons or more with aid of power or 20 or more persons

without the aid of power engaged in the manufacturing process.

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

authority as per rule. The royalty charges paid shall be borne by the

contractor and shall not be reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof from

time to time shall be applicable.

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management

plan for best energy use, waste management, the reduction of pollution as

in EMS (Environmental Management system)ISO-14001-

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

65.1 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 The Municipal Commissioner

within 14 days of the notification of the Engineer's decision.

65.2 1. Deleted.

65.3 2. Deleted

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

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

(૧૨) સરકારશ્રીના વખતો વખતના ઠરાવ ર્ુજબ ઈજારિારશ્રીએ ર્ેન પાવરને લઘુત્તર્ વેતન ચૂકવવાનુાં રહેશે. તેર્જ કાર્િારને દનયર્ોનુસાર ESI,

EPF બોનસ, ચૂકવવાનુાં રહેશે તથા તે અાંગેના આધાર પુરાવા રજૂ કરવાના રહેશે.

ગણવાર્ાાં આવશે. તેર્જ દડફે ક્ટ લાઇબીલીટી દપરીયડ િરદર્યાન Monthly Inspection Report અત્રેની કચેરીર્ાાં રજુ કરવાનો રહેશે નદહતો

(૨૦) પાટનરશીપ ફોર્મ દકસ્સાર્ાાં POA રજુ કરવાનો રહેશે.

કોટમ ના બિલે પહેલા The Gujarat Public Work Contracts Dispute Arbitration Tribunal Act, 1992. પ્રર્ાણે કાયમવાહી કરવાની રહેશે.

(૨૨) સિર ટે ન્ડરની રકર્ના ભાવ GST વગરના લેવાર્ાાં આવેલ છે . GST અલગથી ચૂકવવાર્ાાં આવશે. જે બાબત ધ્યાનર્ાાં લઈને ટે ન્ડરના ભાવ

પ્રદત બનાવ દિઠ (For Every Incident) ભરવાની રેહશે.

Sr. Required Documents List

No (Must be upload scanned copy the time of online tender submission)

1 Bid Document Fee / Tender Fee

2 Bid Security / EMD

3 Registration Certificate “C” class & Above

5 If have related work experience

7 Litigation History

8 Bank Certificate

Clause Reference With respect To section

Item marked “N/A” do not apply to this Contract.

1. The Employers is [CL.1.1]

Name: Gandhinagar Municipal Corporation (GMC), Gandhinagar

Address: Gandhinagar Municipal Corporation (GMC), The Deputy Municipal

Commissioner, Pandit Dindayal Upadhyay Bhavan, Behind Fire Station, Sector-

17, Gandhinagar-382117

Name of authorized Representative (will be intimated later)

2. The Engineer is The Deputy Municipal Commissioner, Gandhinagar

Municipal Corporation (GMC), Gandhinagar

Name of Authorized Representative: The Deputy Municipal Commissioner

3. The Defects Liability Period is 1 years from the date of [CL.1.1&33]

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

proceed with the work.

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

06 Months after start of work with the following milestones: 2]

Milestone dates: [CL.2.2&

Physical works to be completed Period from the start date 49.1]

Milestone 1 i.e. 25% 45 days.

Milestone 2 i.e. 50% 90 days.

Milestone 3 i.e. 75 % 135 days.

Milestone 4 i.e. 100% 180 days.

6. The Site is located at NABHOI . Gandhinagar [CL.1.1]

7. The name and identification number of the Contract is:. CONSTRUCTION [CL.1.1]

OF NEW CLASS ROOMS IN NABHOI PRIMARY SCHOOLAT NABHOI VILLAGE OF

8. The works consist of Building Work with items as per B.O.Q. The [CL.1.1]

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

Site clearance; setting – out and layout; widening of existing carriageway

and strengthening including camber corrections; construction of new

road/ Parallel service road; bituminous pavements

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

supplying and placing of drainage Channels, flumes, guard posts and

guard other related items; construction/extension of

cross drainage works, bridge, approaches and other related stones;

protective works for roads/bridge; all aspects of quality assurance of

variouscomponents of the works; rectification of The defects in the

completed works during the Defects Liability Period; submission of “As-

built’’ drawings and any other related documents; and other item of work

as may be required to be carried out for completing the work in

accordance with the drawings and the provisions of the contract and

to ensure safety.

(C ) Other Items [CL.1.1]

Any Other Items as required to fulfill all contractual obligations as per the

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 is Rs. 5 [CL.13]

lakhs per occurrence with the number of occurrences limited to four. After each

occurrence, the contractor will pay an additional premium necessary to make

insurance valid for four occurrences always.

17. Site Investigation report [CL.14]

18. The Site Possession dates shall be from the issue of letter of work order [CL.21]

19. The period for submission of programme for approval of the engineer shall be [CL.27.1]

21 days from the issue of Letter of Acceptance.

20. The period between program updates will be 30 days. [CL.27.3]

21. The amount to be withheld for late submission of an updated programme Shall [CL.27.3]

be Rs. 0.10 lakhs per days

22. The following events shall also be Compensation Events Substantially adverse[CL.44]

ground conditions encountered during the course of execution of work not

provided for in the bidding document.

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring additional mobilization

by the contractor, e.g. ordinary soil to rock excavation,

(iii) Removal of unsuitable material like marsh, debris 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

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

24. The formula (e) for adjustment of prices are as under: • If any of the[CL.47]

commodities like Cement, Steel or Bitumen are not found applicable in a work,

the weight component of that commodities {i.e. ‘Cement’ (Pc), ‘Steel’ (Ps) or

‘Bitumen' (Pb) as indicated in SBD for the purpose of Price Adjustment} shall be

clubbed with the weight component of ‘Other Material’ (Pm), such that the gross

% weight of the components shall remain as 100%.

R = value of work as defined in Clause 47.1 of Conditions of Contract

Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost due to labour shall be paid in accordance

with the following formula:

VL = Increase or decrease in the cost of work during the month under consideration due to changes in

rates for local labour

L0 = The consumer price index for industrial workers for the State on 28 days preceding the scheduled

date of opening of technical Bids as published by Labour Bureau, Ministry of Labour, Government of

Li = The consumer price index for industrial workers for the State for the month under consideration as

published by the Labour Bureau, Ministry of Labour, Government of India.

Pl = Percentage of labor component of the work.

Adjustment for cement component

(ii) Prices adjustment for increase or decrease in the cost of cement procured by the

contractor Vc= 0.85 x (Pc/100) x R x (Ci – C0)/C0

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 & Industry.

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

Ps = Percentage of steel component of the work

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

has been chosen to represent the steel group.

Adjustments of bitumen component

(iv) Price adjustment for increase in the cost of bitumen shall be paid in accordance

with the following formula

Vb = Increase or decrease in the cost of work during the month under consideration due

to changes in rates for bitumen.

Bo = The official retail price of bitumen at the IOC depot at the nearest centre on the day

28 days prior to the scheduled date of opening of technical bid.

Bi = The official retail price of bitumen of IOC depot at the nearest centre for the 15th day

of the month under consideration.

Pb = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

(v) Price adjustment for increase or decrease in cost of POL (fuel and lubricant) shall be paid

in accordance with the following formula

Vf = Increase or decrease in the cost of work during the month under consideration due to

changes in rates for fuel and lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at the existing consumer pumps

of IOC at the nearest centre on the day 28 prior to the date of opening of Bids.

Fi = The official retail price of HSD at the existing consumer pumps of IOC at the nearest

centre for the 15th day of the month of the under consideration.

Pf = Percentage of fuel and lubricants component of the work

Note: For the application of this clause, the price of High-Speed diesel Oil has been

chosen to represent the fuel and lubricants group.

Adjustment for Construction Machinery

(vi) Price adjustment for increase or decrease in the cost of plant and Machinery spare

procured by the Contractor shall be paid in accordance with the following formula

Vp= Increase or decrease in the cost of work during the month under consideration due

to changes in rates for plant and machinery spares

P0 = The all India wholesale price index for manufacturer of machinery for mining,

quarrying and Construction for the month under consideration as published Office

of the Economic Adviser, Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

Pi = The all India average wholesale price index for manufacturer of machinery for

mining, quarrying and Construction for the month under consideration as

published Office of the Economic Adviser, Department for Promotion of Industry

and Internal Trade, Ministry of Commerce & Industry.

Pp = Percentage of plant and machinery spares component of the work.

Note: For the application of this clause, index of Heavy Machinery and parts has been

chosen to represent the Plant and Machinery Spares 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

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 & Industry.

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:

Labour -Pl 25.65%

Cement – Pc 30.88%

Steel - Ps 29.94%

Bitumen – Pb 0.00%

Other Materials – Pm 13.53%

24. The proportion of payments retained {CL. 48}

(retention money) shall be 6% from each

bill subject to a maximum of 5% of

contract price.

25. Amount of Liquidated damages for delay

in completion of works For Whole of work {CL.49}

(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

thousand per day.

26. Maximum limit of liquidated damages For 10 percent of the Initial Contract {CL. 49}

delay in completion work Price rounded off to the nearest

27. Amount of Bonus for early completion Amount of bonus for early

completion of work shall be

given as per CL.50 of Section-3

28. Maximum limit of bonus for early 5 percent of the Contract Price {CL. 50}

Completion of work

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

Nature of Advances Amount (Rs.) Conditions to Be

i Mobilization Deleted

ii Equipment Deleted

iii Secured Deleted

Brought to site

(The advance payment will be paid to the Contractor no later than 28 days after fulfillment

of the above conditions).

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

The advance loan shall be repaid with percentage deduction from the

interim payments certified by the Engineer under the Contract.

Deduction shall commence in the next Interim Payment Certificate

following that in which the total of all such payments to the Contractor

has reached not less than 20 percent of the Contract Price or

(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

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

As a percentage of the Contract Price:

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

(to be decided after evaluation of the bid) as additional security in

terms of ITB Clause

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.

33. The Schedule of Operating and maintenance Manuals…..N/A. {CL. 58}

34. The date by which “as– built” drawings (in scale as directed) in 2 sets {CL. 58}

are required within 28 days of the issue of certificate of completion of

the whole or section of the work, as the case may be.

35. The amount to be withheld for failing to supply “as built” drawings by {CL. 58}

the Date required is Rs. 0.10 Lakhs per day.

36. The following events shall also be fundamentals breach of contract: “The {CL.59.2}

Contractor has contravened Sub- clause 7.1 and Clause 9 of GCC”

37. The percentage to apply the value of the work not {Cl 60}

representing the Employer’s additional cost for completing the Works

shall be 20 per cent.

TECHNICAL SPECIFICATION

SEPARAT SHEETS ATTACHED

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

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

5. We understand that you are not bound to accept the lowest or any tender you may

------- duly authorized to sign bids for and on behalf of ---------------------------------

(in block capitals or typed)

BILL OF QUANTITIES

BILL OF QUANTITIES

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

Conditions of Contract, Technical Specifications and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional, and are given

to provide a common basis for bidding. The basis of payment will be the actual quantities of

work ordered and carried out, as measured by the Contractor and verified by the Engineer and

valued at the rates and prices tendered in the priced Bill of Quantities, where applicable, and

otherwise at such rates and prices as the Engineer may fix within the terms of the Contract.

3. The rates and prices tendered in the priced Bill of Quantities shall, except in so far as it is

otherwise provided under the Contract, include all constructional plant, layout, supervision,

materials, erection, maintenance, insurance, profit, taxes and duties, together with all general

risks, liabilities and obligations set out or implied in the Contract.

4. The rates and prices shall be quoted entirely in Indian Currency.

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

quantities are stated or not. The cost of Items against which Contractor has failed to enter a

rate or price shall be deemed to be covered by other rates and prices entered in the Bill of

Quantities (in case of Item rate contract).

6. The whole cost of complying with the provisions of the Contract shall be included in the

items provided in the priced Bill of Quantities, and where no Items are provided the cost shall

be deemed to be distributed among the rates and prices entered for the related items of Work.

7. General direction and descriptions of work and materials are not necessarily repeated or

summarized in the Bill of Quantities. References to the relevant sections of the contract

documentation shall be made before entering rates or prices against each item in the Bill of

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

for Road and Bridge works. For building works specifications for building are to be followed.

9. Errors will be corrected by the Employer for any arithmetic errors pursuant to

Clause 29 of the Instructions to Bidder.

10. Rock is defined as all materials which, in the opinion of the Engineer, required blasting, or

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

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

single rear mounted heavy duty ripper.

BILL OF QUANTITIES (AS PER ATTACHED SCHEDULE-B)

(A) Percentage Rate Tender

Item Description of Item (with Quantity Unit Rate In Amount

No brief specification and figures

reference to book of

specifications)

I/We am/are willing to carry out the work at… .................. % above/below percent(Should

be written in figures and words) of the estimated rate mentioned above. Amount of my

/ourtender works out as under.

Estimated amount put to tender Estimated amount put to tender

Deduct………% below Add………% Above

In words In words

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

Item Description of Item Quantity Unit Rate Amount

No (with brief specification

and reference to book

of specifications)

(A) Total Tendered Amount

(B) Rebate on above tendered amount (if any) % (in figure) ………………………………

(C)Net Tendered Amount (A-B) (in figure) ………………………………

1. All work shall be carried out as per Public Works Department Handbook and other

specifications of Division or as directed.

2. All columns in the Schedule should be filled in ink and the total of the entire in the

last columns should be struck by the contractor under his signature.

3. Rates quoted include clearance of site (prior commencement of work and at its close) in

all respects and hold good for work under all conditions, site, moisture, weather etc.

4. To be continued on additional sheets, if found necessary.

5. The Labour Cess will be deducted as per prevailing rules i.e.1% of the work done.

6. Credit Value of Dismantle Material Rs.0.00 will be recovered in 1st RA bill of Contractor.

7. The bituminous work shall be carried out by the contractor or as under by utilizing.

8. For abnormal high or law rates payment of such items shall be regulated as per

Govt. Circular letter No. Parach-102008-61-S dated 27-11-2008 attached with tender

10. The Contractor shall exhibit a board with detailed specification and details of work

as directed by the Engineer-In-Charge for which no extra payment shall be made.

11. GST and Income tax TDS will be deducted at a source while making payments of bills.

12. In all R.C.C. Items in Rate Analysis Standard Cement Consumption has been taken as per

Govt. G.R.: PRC-10/2017 Cement Consumption/16/C Date:11/05/2017 as stated in S.O.R.

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

difference of cement consumption have been deducted from the rate of original item at the

rate of input rate mentioned in all the tender.

Signature of Contractor

The Deputy Commissioner

Gandhinagar Municipal Corporation (GMC),

SECURITIES AND OTHER FORMS

BID SECURITY (BANK GUARANTEE)

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

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

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

KNOW ALL PEOPLE by these presents that We -----------------------------------------------

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

registered office at -------------------------------------------------------( hereinafter

“the bank”) are bound unto --------------------------------------------(name of

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

for which payment well and truly to be made to the said Employer the Bank itself, his

successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ---------------------- day of -20

THE CONDITIONS of these obligations are:

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

validity specified in the Form of Bid;

(2) If the Bidder has been notified of the acceptance of

his bid by the Employer during the period of Bid

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

the Instructions to Bidders, if required; or

B. Fails or refuse to furnish the Performance Security, in accordance with the

Instructions to Bidders; or

C. does not accept the correction of the Bid Price pursuant to Clause

(Correction of Errors)

We undertake to pay to the Employer up to the above amount upon

receipt of his first written demand, without the employer having to substantiate

his demand, provided that in his demand the Employer will note that the

amount claimed by him is due to him owing to the occurrence of one or any of

the three conditions, specifying the occurred conditions or conditions.

This Guarantee will remain in force up to and including the date ------------------ **

days after the deadline for submission of Bids as such the deadline is stated in the

Instructions to Bidders or as it may be extended by the Employer, notice of which

extension (s) to the Bank is hereby waived. Any demand in respect of this

guarantee should reach the Bank not later than the above date

(Signature, name and address)

* The Bidder should insert the amount of the guarantee in words and figures

denominated in Indian Rupees. This figure should be the same as shown in

Clause 16.1(Bid Security) of the Instructions to Bidders.

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

inserted by the Employer before the Bidding documents are issued.

PERFORMANCE SECURITY

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

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

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

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

sum specified therein as security for compliance with his obligation in accordance

with the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to

you on behalf of the Contractor, up to a total of ----------------------------------

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

types and proportions of currencies in which the Contract prices is payable, and we

undertake to pay you, upon your first written demand and without cavil or

argument, any sum or sums within the limits of ---------------------------------------

- (amount of guarantee) as aforesaid without your needing to prove or to show

grounds or reasons for your demand for the sum specified therein.

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

contractor before presenting is with the demand.

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

the Contract to of the Works to be performed thereunder or of any of the Contract

documents which may be made between your and the Contractor shall in any way

release us from any liability under this guarantee, and we hereby waive notice of any

such charge, addition or modifications.

This guarantee shall be valid until 60 days from the date of expiring of the

Defect Liabilities period.

Signature and Seal of the guarantor ---------------------------

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

Contract price specified in the Contract denominated in Indian Rupees.

ADDITIONAL PERFORMANCE SECURITY

[Clause 34.1. (A)]

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

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

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

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

sum specified therein as security for compliance with his obligation in accordance

with the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to

you on behalf of the Contractor, up to a total of ----------------------------------

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

types and proportions of currencies in which the Contract prices is payable, and we

undertake to pay you, upon your first written demand and without cavil or

argument, any sum or sums within the limits of ---------------------------------------

- (amount of guarantee) as aforesaid without your needing to prove or to show

grounds or reasons for your demand for the sum specified therein.

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

contractor before presenting is with the demand

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

the Contract to of the Works to be performed thereunder or of any of the Contract

documents which may be made between your and the Contractor shall in any way

release us from any liability under this guarantee, and we hereby waive notice of any

such charge, addition or modifications.

This guarantee shall be valid until 28 days from the project completion date.

Signature and Seal of the guarantor ---------------------------

BANK GUARANTEE FOR ADVANCE PAYMENT

In accordance with the provisions of the Conditions of Contract, sub-clause

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

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

Contractor”) shall deposit with--------------------------------------------------------- (name of

Employer) a bank guarantee his proper and faithful performance under the

said Clause of the Contract in an amount of --------------------- (amount of Guarantee)* -

We, the --------------------------------- (bank of financial institution), as instructed

by the Contractor, agree unconditionally and irrevocably to guarantee as primary

obligator and not as Surety merely, the payment to ------------------------------------

---- (name of Employer) on his first demand without whatsoever right of obligation

on our part and without his first claim to the Contractor, in the amount not exceeding

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

the Contractor or Works to be performed thereunder or of any of the Contract

documents which may be made between --------------------------------- (name

of Employer) and the Contractor, shall in any way release us from any liability under

this guarantee, and we hereby waive notice of any such change, addition or

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

advance payment under the Contract until ----------------------------- (name of employer)

receives full repayment of the same amount from the contractor.

Signature and Seal

Name of Bank/ Financial Institution

* An amount shall be inserted by that Bank or Financial Institution representing the

amount of the Advance Payment, and denominated in Indian Rupees.

Letter of Acceptance

(Letter head paper of the Employer)

(Name and address of the Contractor)

This is to notify you that your Bid dated for execution of

the (Name of the contract and identification number, as

given in the Instructions to Bidders) for the Contract Price of Rupees

( ) (amount in words and figures) as corrected and modified in

accordance with the Instructions to Bidders* is hereby accepted by our agency.

You are requested to furnish performance security, in the form detailed in para

34.1 of ITB for an amount equivalent to Rs. within 10 days of the receipt of this

letter of acceptance up to beyond 60 days from the date of expiry of defects Liability

period i.e. up to and the Additional Performance Security for an

amount equivalent to Rs. shall be valid beyond 28 (twenty-eight) days of

Project Completion Date i.e. up to and sign the contract, failing which

action as stated in Para 34.3 of ITB will be taken.

Yours Faithfully

Authorized Signature

Name and title of

Signatory Name of

* Delete “Corrected and” or and modified if only one of these actions applies. Delete as

corrected and modified in accordance with the Instructions to Bidders, if corrections or

modifications have not been affected.

Issue of Notice to proceed with the work

(Letterhead of the Employer)

(Name and address of the Contractor)

Pursuant to your furnishing the requisite security in ITB Clause

and signing of the Contract for the construction of

at a bid Price of Rs.

You are hereby instructed to proceed with the execution of the said works in

accordance with the contract documents.

Yours faithfully

(Signature, name and title of signatory authorized

To sign on behalf of Employer)

This agreement, made on the day of between

(name and address of Employer) (Hereinafter called “the

Employer) and (name and address of

contractor) hereinafter called “the Contractor” of the other

Whereas the Employer is desirous that the Contractor execute

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

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

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

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

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

respectively assigned to them in the conditions of contract hereinafter referred

to and they shall be deemed to form and be read construed as part of this

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

hereinafter mentioned, the Contractor hereby covenants with the Employer to

executive and complete the works and remedy any defects therein in conformity

in all aspects with the provisions of the contracts.

3. The employer hereby covenants to pay the Contractor in consideration of the

execution and completion of the works and the remedying the defects wherein

contract price or such other sum as may become payable under the provisions of

the Contract at the times and in the manner prescribed by the contract.

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

as part of this Agreement viz

i) letter of Acceptance

ii ) Notice to proceed with the works:

iii ) Contractor’s Bid

iv ) Conditions of contract: General and Special

v) Contract Data

vi) Additional conditions

viii ) Bill of Quantities and

ix ) Any other documents listed in the

data as forming part of the Contract.

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

executed the day and year first before written

The Common seal of

Was hereunto affixed in the presence of :

Signed, sealed and Delivered by the said

In the presence of

Binding signature of Employer

Binding Signature of Contractor

(For Investment)

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

…………………………………………………..……………………………….. would invest a 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

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

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

for date fixed for receiving the same and it shall be binding on us and may be

accepted at any time before the expiration of that period.

(Signed by an Authorized officer of the firm)

Title of officer

Note: If the bidder is black listed in any organization/ authority they should fill the table as below

compulsory otherwise bidder has to fill ANTI-BLACKLISTING UNDERTAKING during the bidding of the

ANTI-BLACKLISTING UNDERTAKING WITH LITIGATION HISTORY

(On Company’s Letter Head with Sign and Stamp)

1/We M/s. Bidder).........………………………………………………….(Name of the

bidder)……………………………………………………(addresses of the register) hereby certify and confirm that we or any of

our Promoter/s/Director/s/Partner/s are neither barred by Government of Gujarat (GoG) / any other entity of

GoG nor blacklisted by any state government or central Government/Department/Local Government/ Agency in

India or from Abroad from participating in Project/s, either individually or as member of a Consortium in last five

years and 1/We declare this as on ...............(Bid submission date). In addition to this I/We also confirm that we or

nay of our Promoter/s / Director/s/ Partner/s are not declared default by any Bank or NBFC in last five years.

We further confirm that we are aware that our Application for the…………………………………………… (Project Name)

would be liable for rejection in case any material misrepresentation is made or discovered with regard to the

requirements of this Tender at any stage of the Bidding Process or thereafter during the agreement period.

History of Blacklisting

Provide details as under :

SR No. Name of Govt./ Name of Work Cause of Black Listing Explanation

Semi Govt. / Blacklisting order with

Municipalities/ date

Please attach the order

1.4 Information on Litigation history in which the Bidder is involved in last five years.

Other Party Employer Cause of Amount Remarks

(ies) Dispute Involved showing

QUALIFICATION CRITERIA

Financial & Experience Criteria:

Tender fee : DD Rs. 4248/- favor of Deputy Municipal Commissioner Gandhinagar municipal

corporation Gandhinagar

EMD : FDR or BG Rs. 1,18,350.00/- with the validity period of not less than 3 months of any

Registration : The contractor shall have a registration with State / Central Government or State

Class Water Supply Boards or in Municipal Corporation in ‘C’ Class Civil Supporting documents

to be submitted in hard copy. and

GST : Attached scan copy

PAN : Attached scan copy

Annual : The bidder shall have the financial capability and having Any one annual turnover in

Turnover last five financial years, ending 31st March of the previous financial year (i.e.

Bank : The applicant should give undertaking that he has access to, or has available, liquid

Certificate assests (aggregate of working capital, cash in hand and uncommitted bank gurantees)

and credit facilities upto 25 percent of the value of the contract / contracts appilied

(Rs. 29.58 lacs) as per Annexure

Similar : The bidder must have completed similar nature of work i.e., Construction Any type of

Nature Building work within last Five financial years and up to one month prior to last date of

submission of the bid of value not less than in One Contract 40% of estimated

cost+gst (Rs.47,33,504/ + Rs. 8,52,031/- = Rs.55,85,535 /-) estimated cost in Gov.

/ semi Gov. / ULB with in last five years.

Bid : The bidder must have Available Bid Capacity (ABC) more than the amount put to

Capacity tender (will be calculated as under) Assessed Available Bid Capacity (ABC)= 2 x A x N-B

Should be 4.28 Lacs

Litigation : Litigation history submitted on company letter head

Affidavit : Bidder must have to submit affidavit otherwise bidder shall be technivally disqualified

and his bid shall be outright rejected.

REQUIRED DOCUMENT LIST (MUST BE UPLOAD SCANNED COPY AT THE TIME OF ONLINE TENDER SUBMISSION TENDER SUBMISSION)

Bid Document Fee / Tender Fee

Bid Security / EMD

Registration Certificate “C” class & Above

work experience, as required..

Litigation History

Bank Certificate

DOCUMENTS TO BE FURNISHED BY BIDDER

List of Mandatory Documents

Bid Document Fee / Tender Fee

Bid Security / EMD

Registration Certificate “C” class & Above

work experience, as required..

Litigation History

Bank Certificate