Development of Heliport and Allied Building Facilities Including E&M Works at Dwarka, Gujarat.

Name of Work: - Development of Heliport and Allied

Building Facilities Including E&M Works at Dwarka,

GOVERNMENT OF GUJARAT

Gujarat State Aviation Infrastructure Company Ltd.

This is a generic SBD to be used for Civil and E&M works. Each user/concern

department needs to examine and put up their particular bidding requirement like;

qualification criteria, contract Data etc., marked at [#] while finalizing their own bidding

Sr. No. Section Description Page No

1 Invitation for Bid (IFB)

2 Section -1 Instructions to Bidders

3 Section -2 Qualification Information

4 Section -3 Conditions of Contract

5 Section -4 Contract Data

6 Section -5 Technical Specification

7 Section -6 Form of Bid

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

10 Section -9 Drawings

11 Section -10 Documents to be furnished by Bidder

INVITATION FOR BID

NATIONAL COMPETITIVE BIDDING

1. The Gujarat State Aviation Infrastructure Company Ltd invites bids for the construction

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

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

No. value of works (Rs.) document completion Registration

(Rs.) excluding /Category of

GST contractor if

01 Development of Heliport at 31,92,89,798/- 31,93,000/- 17,700/- 18 Months AA Class

Dwarka, Gujarat including category

pavement facilities such as FATO,

Parking Aprons, Connecting Special

Taxiways, Perimeter Road, Category

Approach Road, Car Parking and class–I

building facilities such as

Passenger Terminal Building (PTB) (Road) &

cum ATC Tower, Fire Station, AA Class

Electrical Substation, Pump

Room/Underground Tank, Security

Hut, Watch Towers under Phase-1 Category

development. Class-I

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

https://tender.nprocure.com free of cost till the Time and Date as mentioned on online NIT at

website https://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 Ahmedabad and in

favour of “Gujarat State Aviation Infrastructure Company Ltd”. Once the Bid is received

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

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

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

uploading the bid, this submission shall mean that bid document / tender fee and Bid Security

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

Document / Tender Fee and Bid Security / EMD have been received electronically. However,

for the purpose of realization of Demand Draft, and FDR / Bank Guarantee bidder shall send

the same in original through R.P.A.D. so as to reach to ‘Chief Executive Officer, GUJSAIL

Complex Near SVPI Airport Ahmedabad within 3 Days from the last day of bid submission.

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

Executive Engineer / Tender Inviting Authority by bidder shall be initiated.

Bids received online, will be opened on the time, date and place as specified in the online NIT at website

https://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.

4. A pre bid meeting will be held on ……../XX/2026 at 12:00 hrs. (Tentatively) at the office of

GUJSAIL Complex, Nr. Torrent Sub Station, SVPI Airport, Ahmedabad – 380004 to clarify the

issues and to answer questions on any matter that may be raised at that stage as stated in

9.2 of ‘instructions to Bidders’ of the bidding documents.

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

rounded off to the next thousand rupees.

6. 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

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

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

necessary by the competent authority.

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

For the works costing up to 7.5 crore (ROAD), 7.0 crore (BUILDING & BRIDGE) kindly refer to

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

Bridge Works following documents shall be submitted in electronic format only through

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

should be sent in original to the Tender opening authority through RPAD, so as to reach the

Chief Executive Officer within 3 days from last day of submission of Bid.

(i) Bid Document Fee / Tender Fee

(ii) Bid Security / EMD or Valid EMD Exemption Certificate of Appropriate Class of

Registration of Approved Contractors

(iii) Registration Certificate of Appropriate Class "AA" & Sp. Cat-I (Road) & AA Class Special

Category Class-I (Building)Experience As mentioned in General Experience Criteria.

(iv) Bank Solvency of current calendar year i.e. 2026. (20% of estimated cost)

(vi) Page No. (38) Bank Certificate compulsory.

(vii) Undertaking for Investment and For Validity are compulsory.

(viii) Other Documents, as required as per Tender documents (As per NIT)

(ix) Valid Plant Certificate (Batch Mx Plant) issud by S.E / E.E. Mechanical

INSTRUCTIONS TO

SECTION 1: INSTRUCTIONS TO BIDDERS

TABLE OF CLAUSES

Page No. Page No.

A. General D. Submission of Bids

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

2. Source of Funds 8 20. Deadline for Submission of

3. Eligible Bidders 8 21. Late Bids

4. Qualification of the Bidder 8 22. Modification and

Withdrawal of Bids

5. One Bid per Bidder

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

7. Site Visit 13 23. Bid Opening

B. Bidding Documents 25. Clarification of Financial

8. Content of Bidding 14 26. Examination of Bids and

Documents Determination of

9. Clarification of Bidding 14 27. Correction of Errors

10. Amendment of Bidding 15 28. Deleted

29. Evaluation and Comparison

of Financial Bids

C. Preparation of Bids 30. Deleted

11. Language of Bid

12. Documents Comprising the Bid 16 F. Award of Contract

13. Bid Prices 16 31. Award Criteria

14. Currencies of Bid and 17 32. Employer’s Right to Accept

Payment any Bid and to Reject anyor

15. Bid Validity 17 33. Notification of Award and

Signing of Agreement

16. Bid Security 17 34. Performance Security

17. Alternative Proposals By 18 35. Advance Payment and

Bidders Security

18. Format and Signing of Bid 19 36. Dispute Review Expert

37. Correct or Fraudulent

1. Scope of Bid

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

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

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

of the works detailed in the table given in IFB.

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

intended completion date specified in the Contract data.

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

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

2. Source of Funds

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

Gujarat 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

4.5.2 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 2026-2027

Applicants should indicate actual figures of costs and amount for the

works executed by them without accounting for the above-mentioned

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

foreign currency the above enhanced multiplying factors will not be

applied. Instead, the current market exchange rate (State Bank of

India BC Selling rate as on the last date of submission of the bid) will

be applied for the purpose of conversion of the amount in foreign

currency into India rupees.

4.5.3. General Experience

The Applicant shall meet with the following minimum criteria:

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

progress and completed in all classes of civil engineering construction works

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

contracts applied for.

(b) Experience in successfully completing at least one contract of “Rigid/ Flexible

Pavement works in Airfield, National Highways / Expressways, Harbor pavements

State Highways” on Item rate / Percentage rate tender mode basis during last

(Five) years ending select day of month previous to the one in which tenders are

invited, at least 40 percent of the value of proposed contract within the last five

(Road & Utility Work value for This Project is 14,66,88,240.70/-) Their 40 percent

would be 5,86,75,297)

(c) Experience in completion of at least one contract of “Construction of Administrative

Building or any other Government Building Works” on Item rate / Percentage rate

tender mode basis during last 05 (Five) years ending select day of month previous to

the one in which tenders are invited, at least 40 percent of the value of proposed

contract within the last five years.”

(Main Building and Electric Work for This Project is 17,26,01,557.33/-) Their

Percent would be 6,90,40,623)

(Both Criteria Mandatory)

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

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

he should have acquired the experience of execution of all major items of works

under the proposed contract. In case a project has been executed by a joint

venture, weight towards experience of the project would be given to each joint

venture in proportion to their financial participation in the joint venture.

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

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

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

continuing satisfactorily.

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

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

amount, date of commencement of works, satisfactory performance of the.

4.5.4. Personnel Capabilities.

Availability for his work of personnel with adequate experience as

required; as per Appendix.

4.5.5. Equipment Capabilities

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

suggested major equipment to attain the completion of works in

accordance with the prescribed construction schedule are shown in

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

with their bid, a detailed construction planning and methodology

supported with layout and necessary drawings and calculations to

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

capacities of each plant/equipment shall be shown in the proposals

along with the cycle time for each operation for the given production

capacity to match the requirements.

4.5.6. Financial Position

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

available, liquid assets (aggregate of working capital, cash in hand and

uncommitted bank guarantees) and / or credit facilities up to

percent of the value of the contract / contracts applied.

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

which must demonstrate the soundness of the applicant’s financial

position, showing long – term profitability including an estimated

financial projection for the next two years. If necessary, the employer

will make inquiries with the applicant’s bankers.

4.5.8. Litigation History

The Applicant should provide accurate information on any litigation or

arbitration resulting from contracts completed or under execution by him

over the last five years. A consistent history of awards against the Applicant

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

4.5.9. Disqualification

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

disqualified if they have:

Made misleading or false representation in the forms, statements

submitted and / or Record of poor performance such as abandoning the

work, rescinding of contract for which the reasons are attributable to the

non – performance of the contractor; consistent history of litigation

awarded against the applicant or financial failure due to bankruptcy. The

rescinding of contract of a joint venture on account of reasons other than

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

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

the start of work, which are not attributable to the poor performance of the

contractor will, however, not affect the qualification of the individual

#4.6 JOINT VENTURE: NOT APPLICABLE (Maximum 3 Members i.e. 1 Lead

& 2 Others) (Applicable only for estimated project cost of 50 Crore and

4.6.1. Joint ventures must comply with the following requirements:

(a) Following are the minimum qualification requirements:

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

given in para 4.5.3 & 4.5. above. The joint venture must collectively

satisfy the criteria of para 4.5.3 & 4.5.6 above. The experience of the

other joint venture partners shall be considered if it is not less than

percent of the qualifying criteria in para 4.5.3 & 4.5.6 above.

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

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

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

providing the joint and several liabilities with respect to the contract.

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

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

dissolution of a joint venture, each one of the constituent firms may qualify

if they meet all the qualification requirements, subject to the written

approval of the Employer.

4.7. Bid Capacity

Applicants who meet the minimum qualification criteria will be qualified

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

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

calculated as under:

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

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

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

taking into account the completed as well as works in Progress.

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

works to be completed during the next ____(period of

completion of work for which bids are invited); and

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

the bids are invited.

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

applied for each partner to the extent of his proposed

participation in the execution of the work.

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

subject to be disqualified if they have:

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

Attachments the submitted in proof the qualification requirements; and

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

completing the contract, inordinate delay in completion, litigation

history, or financial failures etc.; and/ or

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

unreasonably high bid prices and could not furnish rational justification

to the employer.

- Have Been blacklisted or placed In the Negative List by any Govt.

Organization In the past 5 years from the date of bid submission.

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 surroundings and obtain all

information that may be necessary for preparing the Bid and entering into a

contract for construction of the Works. The costs of visiting the site shall be

at Bidder’s own expense.

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

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

and addenda issued in accordance with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

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

by the bidder in compliance to Section 2 will be prepared by him and

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

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

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

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

comply with the requirements of Bid Documents shall be at the bidder’s

own risk. Pursuant to clause 26 hereof, bids which are not substantially

responsive to the requirements of the Bid Documents shall be rejected.

9. Clarification Bidding Documents

9.1 A prospective bidder requiring any clarification of the bidding documents

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

address indicated in the invitation to bid. The Employer will respond to

any request for clarification which he received earlier than 15 days prior

to the deadline for submission of bids. Employer’s response will be

published on website including a description of the enquiry but without

identifying its source.

9.2. Pre-bid meeting

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

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

indicated in the 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. tender.nprocure.com. Any modification of

the bidding documents listed in sub-Clause 8.1 which may become

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

Employer exclusively through the issue of an Addendum pursuant to

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

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

disqualification of a bidder.

10. Amendment of Bidding Documents

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

bidding documents by issuing 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 to 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

(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

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

(i) Form of Bid as specified in Section

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

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

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

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

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

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

based on the priced Bill of Quantities submitted by the Bidder.

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

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

along with total bid price.

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

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

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

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

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

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

the performance of the Contract in accordance with the provisions of

Clause 47 of the Condition of Contract (Irrespective of the time limit and

14. Currencies of Bid and Payment

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

Rupees. All payments shall be made in Indian Rupees.

15. Bid Validity

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

deadline date forbid submission specified in Clause

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

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

for a specified period. A bidder may refuse the request without forfeiting

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

permitted to modify his bid, but will be required to extend the validity of his

security for a period of the extension, and in compliance with Clause 16 in

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 infavor 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

NoFD/MSM/e-file/4/2023/4020/DMO Date 11/04/2024 or as per their

latest amendment.

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

Bank approved by the Reserve Bank of India.

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

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

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

Registration Certificate of Appropriate Class and Category of Approved

Contractors is required as eligible criteria of bidder.

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

surety for the bid shall be valid for 45 days beyond the validity of the bid

i.e. total validity of 120+45 = 165 Days.

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

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

Employer as non-responsive.

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

the end of the bid validity period specified in Sub-Clause 15.1.

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

bidder has signed the Agreement and furnished the required Performance

16.6. The bid Security may be forfeited:

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

(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

(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.

17. Alternative Proposals by Bidders

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

bidding documents, including the conditions of contract (including

mobilization advance or time for completion), basic technical design as

indicated in the drawing and specifications. Conditional offers or alternative

offers will not be considered further in the process of tender evaluation.

18. Format and Signing of Bid

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

Clause 12 of these Instructions to bidder as the “Technical Bid “and

“Financial Bid” in separate parts to be uploaded.

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

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

website specified above not later than the date indicated in appendix.

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

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

obligation of the Employer and the bidders previously subject to the

original deadline will then be subject to the new deadline.

22. Modification and Withdrawal of Bids

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

prescribed in Clause 20 or pursuant to Clause

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

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

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

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

the forfeiture of the Bid security pursuant to Clause

E. BID OPENING AND EVALUATION

23. Bid Opening

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

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

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

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

the specified date of Bid opening being declared a holiday for the Employer,

the Bids will be opened at the appointed time and location on the next

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

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

clarifications the Evaluation Committee will finalize the list of

responsive bidders whose financial bids are eligible for

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

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

details as the Employer may consider appropriate, will be announced by

the Employer at the opening.

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

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

bids of only these bidders will be opened. The responsive Bidders’ names,

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

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.

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

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

rejection of the Bidders’bid.

26. Examinations of Bids and Determination of Responsiveness

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

determine whether each Bid (a) meets the eligibility criteria defined in

Clause 3 and 4; (b) has been properly signed; (c) is accompanied by the

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

of the Bidding document. During the detailed evaluation of the “Financial

Bid”, the responsiveness of the bids will be further determined with respect

to the remaining bid conditions, i.e., priced bill of quantities, technical

specifications, and drawings.

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

terms, conditions and specifications of bidding documents, without material

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

affects in any substantial way the scope, quality, or performance of the

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

documents, the Employer’s rights or the Bidder’s obligations under the

Contract; or (c) whose rectification would affect unfairly the competitive

position of other Bidders presenting substantially responsive Bids.

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

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

withdrawal of the non-conforming deviation or reservation.

29. Evaluation and Comparison of Financial Bids

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

substantially responsive in accordance with Sub-Clause 26.2.

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

deviation. Variation and deviations and other factors, which are in excess

of the requirements of the Bidding documents or otherwise result in

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

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 consideration.

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

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

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

lowest bidder at his evaluation bid price.

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

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

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

time prior to the award of contract, without thereby incurring any liability

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

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

33. Notification of Award and Signing of Agreement

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

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

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

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

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

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

by the Contract (hereinafter and in the Contract called the “Contract

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

subject only to the furnishing of 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 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

(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

(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

Performance Security.

(B) The Performance Security shall be valid beyond 60 (Sixty) days from

the stipulated date of completion of the project and the Additional

Performance Security shall be valid beyond 28 (twenty-eight) days of

Project Completion Date.

Performance Security shall become refundable/releasable within

15 days after certified project completion date subject to

Fulfillment of contractual obligation and settlement of all dues and

34.1. If the performance security is provided by the successful Bidder in the

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

option, by a Nationalized/Scheduled Indian bank or (b) by a foreign bank

located in India and acceptable to the Employer. As per GoG Finance

Department’s Circular No. FD/ MSM/e-file/4/2023/0057/D.M.O. Date

21/04/2023 or as per their latest amendment.

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

Clause 34.1 shall constitute sufficient grounds for cancellation of the

award and forfeiture of the Bid Security.

35 Advance Payment and Security

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

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

stated in the Contract Data.

37. Corrupt of Fraudulent Practices

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

recommended for award has engaged in corrupt or fraudulent practices in

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

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

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

agencies, if it at any time determines that the firm has engaged in corrupt

or fraudulent practices in completing for the contractor, or in execution.

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

59.2 of the Conditions of Contract.

APPENDIX TO ITB

Clause Reference with respect to Section –I

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

Aviation Infrastructure Company Ltd

2. The last five years.

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

4. Value of Work is Rs. 31,92,89,798.00/-

6. The cost of electric work is Rs. 6,44,22,245.41/-

7. The cost of Utilities and Site Development is

8. Liquid assets and/or availability of credit facilities

is Rs.7,98,22,450/- (25% of Contract amount) [Cl. 4.5.2]

9. Price level of the financial year 2026-2027 [Cl. 9.2.1]

10. The pre-bid meeting will take place at Ahmedabad.

(As Mentioned Above)

11. The technical Bid will be opened at the GUJSAIL

Complex, SVPI Airport, Ahmedabad. on dt.

12. Address of the Employer : GUJSAIL Complex, SVPI

Airport, Ahmedabad

Deleted [Cl. 20.1 & 20.2]

14. The bid should be submitted at the latest by as

stated on online NIT [Cl. 23.1 ]

15. The bid will be opened at GUJSAIL Complex, SVPI

Airport, Ahmedabad as stated on online NIT.

16. The Bank Draft in favor of Gujarat State Aviation

Infrastructure Company Limited Payable at

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

and financial figure to a common base value) for

works completed

Year Financial Year Multiplying factor

Base year of inviting tender 2026- 2027

LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON

[Reference CL. 4.5.5]

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

they propose to use on the work.

Sr. Plant or Location Age of Make Capacity Approximate Remark

No. Machinery Machinery Value

List of Key Personnel to be deployed on Contract

Work (Reference Cl. 4.5.4)

# Employment of a qualified site Engineer by the Contractor.

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

execution of this work as under: -

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

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

2. One Master/Graduate Civil Engineer as a Project manager having work

experience of 12 to 15 years (7+ Year Experience in Road Work)

3. One graduate Civil Engineers as a Material and Quality Control Engineer

having work experience of 5 Years Exp. / 10 Years Exp.

4. One Plant Engineer from B.E/Diploma Mechanical having 05 Years’

5. 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.

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

lakhs but more than Rs.5 lakhs.

7. 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

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

the Chief Executive Officer-in-charge of the work the Name, Qualifications,

copy of marksheet, Colour Photograph and the appointment order issued

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

order such designated Site Engineers do not resume or do not remain present

on site of work, the recovery at the rate of Rs. 15,000-00 per month per

Engineer will be made from the bills/deposit/dues of the contractor. Such

recovery shall be non-refundable.

QUALIFICATION INFORMATION

AND OTHER FORMS

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 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(Attach)

1.2 Total value of Civil engineering constructions 2025-2026

Work performed in the last five years 2024-2025

(in Rs. Lakhs) 2023-2024

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

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

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

documents, provided further that all other qualification criteria are satisfied

(in the same name) on works of a similar nature over the last five years**

and in current year before the submission of the bid.

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 whom

Leased to be Capacity Conditions tobe

procured purchased

1.6 Qualifications and experience of key personnel required for administration

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

Clause 9.1 of the Conditions of Contract.

Position Name Qualification Year of Year of

Experience experience in

(General) the proposed

Project Manager

1.7 Proposed sub-contract and firms involved

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

works Contractor (Name & similar work

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

sanitary work/ building electrification works.

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

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

them below and attach copies.

1.9 Evidence of access to financial resources to meet the qualification

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

copied documents.

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

bankers who may provide references if contacted by the Employer.

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

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

1.13 Proposed work method and schedule. The Bidder should attach

descriptions, drawings and charts as necessary to comply with the

requirements of the Bidding documents. (Refer ITB Clause 4.1)

3. Additional Requirements

3.1 Bidders should provide any additional information required to fulfill the

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

(ii) Undertaking

* Fill the name of Consultant

SAMPLE FORMAT FOR EVIDENCE OF

ACCESS TO OR AVAILABILITY OF CREDIT

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

is a reputed company with a good financial standing.

If the contract for the work, namely

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

their working capital requirements for executing the above during the contract

Senior Bank Manager

Address of the Bank

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

required attachments are true and correct.

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

_ have not abandoned

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

Corporation under Government of Gujarat/Government of India nor any

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

five years prior to the date of this bid.

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

firm or corporation to furnish pertinent information deemed necessary

and requested by the Department to verify this statement or regarding

any (our) competence and general reputation.

4. The Undersigned understands and agrees that further qualifying

information may be requested, and agrees to furnish any such

information at the request of the Department/ Project implementing

(Signed by an Authorized Officer of the

Title of Officer

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

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A General Page D. Cost Control Page

1 Definitions 43 37 Bill of Quantities

2 Interpretation 44 38 Changes in the Quantities

3 Language and Law 45 39 Variations

4 Engineer’s Decisions 45 40 Payments for Variations

5 Delegations 45 41 Cash Flow Forecasts

6 Communications 45 42 Payment Certificates

7 Sub-Contractors 45 43 Payments

8 Other Contractors 46 44 Compensations Events

9 Personnel 46 45 Tax

10 Employer’s & Contractor Risk 46 46 Currencies

11 Employers Risks 46 47 Price Adjustment

12 Contractor’s Risk 46 48 Retention

13 Insurance 47 49 Liquidated damages

14 Site Investigations Reports 47 50 Bonus

15 Queries about the Contract 47 51 Advance Payment

16 Contractors to Construct the 47 52 Securities

17 The Works to be Completed by 48 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 48 54 Cost of Repair

20 Discoveries 48 E. Finishing the Contract

21 Possession of the Site 48 55 Completion

22 Access to the Site 49 56 Taking Over

23 Instructions 49 57 Final Account

24 Disputes 49 58 Operating and Maintenance

25 Procedure for Disputes

26 Deleted 50 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 50 62 Release from Performance

28 Extensions of the Intended

completion date

29 Deleted 51 F. Special Conditions of Contract

30 Delays Ordered by The 51 63 Labour

31 Management Meetings 51 64 Compliance with labour

32 Early Warning 51 65 Arbitration

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

CONDITIONS OF CONTRACT

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

Conditions of Contract but keep their defined meaning.

Bill of Quantities means the priced and completed Bill of Quantities

forming part of the Bid

Compensation Events are those defined in Clause 44 hereunder

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

by the Engineer in accordance with Sub Clause

The Contract is the contract between the Employer and Contractor to

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

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

The Contract data defines the documents and other information which

comprise the Contract.

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

Work has been accepted by the Employer.

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

Contractor to the Employer and includes Technical and Financial Bids.

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

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

Days are calendar days: months are calendar months.

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

calculated from the Completion Date.

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

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

competent person appointed and notified to the contractor to act in

replacement of the Engineer) who is responsible for supervising the

Contractor, administering the Contract, certifying payments due to the

Contractor, issuing and valuing Variations to the Contract, awarding

extensions of time, and valuing the Compensations Events.

Equipment is Contractor’s machinery and vehicles brought temporarily to

the site to construct the Works.

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

Letter of Acceptance.

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

Contractor shall complete the Works. The Intended Completion Date is

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

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

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

for incorporation in the works.

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

electrical, electronic or chemical or biological functions.

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

Site Investigation Reports are those which were included in the Bidding

documents and are factual interpretive reports about the surface and

subsurface conditions at the site.

Specifications means the Specifications of the works included in the

Contract and any modification or addition made or approved by the

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

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

coincide with any of the Site Possession Dates.

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

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

includes work on the Site.

Temporary Works are works designed, constructed, installed, and

removed by the Contractor which are needed for construction or

installation of the Works.

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

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

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

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means

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

Headings 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

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

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

and Intended Completion Date apply to any Section of the Works

(other than references to the Completion Date and Intended

Completion date for the whole works)

2.3 The documents forming the Contract shall be interpreted in the

following order of priority

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

(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

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

part of the Contract.

3. Language and Law

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

stated in the Contract Data.

4. Engineers’ Decisions

4.1 Except where otherwise specifically stated, the Engineer will

decide contractual matters between the Employer and the

Contractor in the role representing the Employer.

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

other people after notifying the Contractor and may cancel any

delegation after notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the

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

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

7. Sub-Contracting

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

specified in contract data, with the approval of the engineer but may

not assign the Contract without the approval of the Employer in

writing. Subcontracting shall not alter the Contractor’s obligations.

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

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

category for the part of work to be subcontracted.

8. Other Contractors

8.1 The Contractor shall cooperate and share the Site with other

contractors, public authorities, utilities and the Employer between

the dates given in the Schedule of other Contractor. The Contractors

shall as refer to in the Contract Data, also provide facilities and

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

modify the schedule of other contractors and shall notify the

contractor of any such modifications.

9.1 The Contractor shall employ the key personnel named in the

Schedule of Key Personnel as referred to in the Contract Data to

carry out the functions stated in the Schedule or other personnel

approved by the Engineer. The Engineer will approve any proposed

replacement of key personnel only if their qualifications, abilities,

and relevant experience are substantially equal to or better than

those of the personnel listed in 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

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 Contractor’s 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 andEquipment) in connection with the Contract;

(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

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

the approval of the Engineer.

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

14. Site Investigation Report

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

Investigation reports referred to in the Contract Data, supplemented

by any information available to the Bidder.

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

16.1 The Contractor shall construct and install the works in accordance

with the specification and Drawings.

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

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

Date and shall carry out the Works in accordance with the program

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

Engineer, and complete them by the Intended Completion date.

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing

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

them if they comply with the Specifications and drawings.

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

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

for design of the Temporary works.

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

the Temporary works where required.

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

temporary or permanent work are subject to prior approval by the

Engineer before their use.

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

20. Discoveries

20.1 Anything of historical or other interest or of significant value

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

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

out the Engineer’s instructions for dealing with them.

21. Possession of the Site

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

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

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

of the relevant activities and this will be a Compensation Event.

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

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

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

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

after 30 days foreclosure option will be closed.

22. Access to the Site

22.1 The Contractor shall allow the Engineer and any person authorized

by the Engineer access to the Site, to any place where work in

connection with the Contract is being carried out or is intended to

be carried out and to any place where materials or plants are being

manufactured/ fabricated/ assembled for the works.

23. Instructions

23.1 The Contractor shall carry out all instructions of the Engineer

pertaining to works which comply with the applicable laws where

the site is 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 Managing Director, GUJSAIL (Higher Authority) within 14 days of

the notification of the Engineer's decision. If the issue is not resolved,

any party can refer the matter for conciliation within 15 days from the

decision given by the Managing Director, GUJSAIL.

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

satisfied with the decision of the Managing Director, GUJSAIL,

both the parties have to refer to the Secretary, Civil Aviation

Department, Government of Gujarat concern for the conciliation

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

satisfied with the decision of the Managing Director, GUJSAIL,

both the parties have to refer to the Secretary, Civil Aviation

Department, Government of Gujarat for the conciliation process.

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

refer the dispute to Gujarat Public Works Contract Dispute Arbitration

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

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

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

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

should not stop the work.

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the Arbitration

procedure stated in the Special Conditions of Contract.

B. TIME CONTROL

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

submit to the Engineer for approval a Programme showing the

general methods, arrangements orders, and timing for all the

activities in the works along with monthly cash flow forecast.

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

actual progress achieved on each activity and the effect of the

progress achieved on the timing of the remaining work including

any changes to the sequence ofthe 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

28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date if a

compensation Event occurs or a Variation is issued which makes it

impossible for completion to be achieved by the Intended

Completion Date without the Contractor taking steps to accelerate

the remaining work and which would cause the Contractor to incur

additional cost.

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

Intended Completion Date within 35 days of the Contractor asking

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

or Variation and submitting full supporting information. If the

Contractor has failed to give early warning of a delay or has failed to

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

be considered in assessing the new Intended Completion Date.

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

the contractor for extension of Intended Completion Date refer to

the Employer his decision. The employer shall in not more than

days communicate to the engineer the acceptance or otherwise of

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

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

refer the matter under Clause

30. Delays Ordered by the Engineer

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

progress of any activity within the works.

31. Management Meetings

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

attend a management meeting. The business of a management

meeting shall be to review the plans for remaining work and to deal

with matters raised in accordance with the early warning procedure.

31.2 The Engineer shall record the business of management meetings

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

and to the Employer. The responsibility of the parties for actions to

be taken is to be decided by the Engineer either at the management

meeting or after the management meeting and stated in writing to

all who attended the meeting.

32. Early Warning

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

specific likely future events or circumstances that may adversely

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

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

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

circumstance on the contract price and completion date. The

estimate is to be provided by the Contractor as soon as reasonably

32.2 The Contractor shall cooperate with the Engineer in making and

considering proposals for how the effect of such an event or

circumstance can be avoided or reduced by anyone involved in the

work and in carrying out any resulting instruction of the Engineer.

C. QUALITY CONTROL

#33. Identifying Defects/ Defect liability period

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

good and remedy at his own expense any defect which may develop

or may be noticed before the period mentioned here under from the

certified date of completion. The Chief Executive Officer shall give

the contractor a notice in writing about the defects and the

contractor shall make good the same within 15 days of receipt of the

notice. In the case of failure on the part of the contractor, the

Engineer- in-charge may rectify or remove or re-execute the work at

the risk & cost of the contractor. The Engineer-in-charge shall be

entitled to appropriate the whole or any part of the amount of

security deposit towards the expenses, if any, Incurred by him in

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

shall be as under….

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

period shall be 3 Months from the certified date of completion.

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

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

the certified date of completion or one monsoon, whichever is later.

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

be 36 Months from the certified date of completion which should

include three monsoons. (For Pavement Works).

(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 Building Works).

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

September shall be treated as the last date.

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

Circular No. TNC/10/ 2016/Clause 17A (Correction/(1)C Dated

33.2 Free maintenance guarantee period for works of Road/Bridge

(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 Chief Executive Officer. 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.

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

be done as per Govt. letter No.: SSR/10/2015-16/26/C, Dtd.

26/11/15 for the work costing more than Rs. 5.00 Crore.

(4) Setting up adequate laboratory & deployment of quality

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

(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

(ten) days prior to the date of the Agreement and shall

undertake the necessary repair and maintenance works for

this purpose; provided that the Contractor may, at his cost,

interrupt and divert the flow of traffic if such interruption

and diversion is necessary for the efficient progress of works

and conforms to Good Industry Practice; provided further

that such interruption and diversion shall be undertaken by

the Contractor only with the prior written approval of the

Executive Engineer which approval shall not be unreasonably

withheld. For the avoidance of doubt, it is agreed that the

Contractor shall at all times be responsible for ensuring safe

operation of the road.

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

Contractor of any defects that are found. Such checking shall not

affect the Contractor’s responsibilities the Engineer may instruct

the Contractor to search for a Defect and to uncover and test

any work that the Engineer considers may have a Defect.

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

specified in the Specification to check whether any work has a

Defect and the test shows that it does, the Contractor shall pay

for the test and any samples. If there is no defect the test shall

be a Compensation Event.

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

Bill of the contractor for testing the quality of material

workmanship, irrespective of actual charges.

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

test to be carried out in the work for this purpose agency shall

construct a pukka laboratory building with all facility on site at

location specified by the Chief Executive Officer.

34.4 Agency has to carried out testing 80% in NABL approved

laboratory and 20% in Gov. Laboratory for the various test to

be carried out in the work.

35. Correction of defects

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

before the end of the defects Liability Period, which begins at

Completion and is defined in the contract data. The Defects

Liability Period shall be extended for as long as Defects remain

to be corrected.

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

correct the notified defect within the length of time specified by

the Engineer’s notice.

36. Uncorrected Defects

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

specified in the Engineer’s notice, the Engineer will assess the

cost of having the Defect corrected, and the Contractor will pay

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

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

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

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

quantity in excess of 130%, at the rate entered in the SOR of the

year during which the excess in quantity is first executed.

39.1 All Variations shall be included in updated programmes produced by

the Contractor.

40. Payments for Variations

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

which no rate is specified in this contract, then such class of work

shall be carried out as below.

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

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

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

contract which is nearest in comparison with regard to class or

classes of the work involved shall be selected and the decision of the

Superintending Engineer as to the nearest comparable item shall be

final and binding on the contractor.

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

class of works shall be carried out at the rate entered in the

Schedule of Rates of the division for the year in which the tender

was received, increased or decreased by the percentage by which

the tender amount is more or less as compared to the amount

arrived at the rates in the “Schedule of Rates” of the Division in the

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

the Division does not contain all the items, the percentage increase

or decrease of the tender shall be calculated considering such items

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

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

charged would be the basic rate taken into account for fixing the

rate in S.O.R. referred to above.

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

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

competent authorities on the basis of detailed rate analysis after

hearing the contractor before a Committee of two Superintending

Engineers stationed at the same place or the 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 Chief Executive

Officer does not agree to this rates, he shall by notice in writing be

at liberty to cancel his order to carry out such class of work and

arrange to carry it out in such manner as he may consider it

advisable, provided always that if the contractor shall commence

work or incur any expenditure in regard thereof before the rates

shall have been determined as lastly herein before mentioned, then

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

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

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

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

dispute, the decision of the Superintending Engineer of the Circle

shall be final.

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

designs, drawings and specifications recommended by the

contractor and accepted by the competent authority, the alternation

above referred to shall be within the scope of such designs, drawings

and specifications appended to the tenders.

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

the proportion that the increase in the cost occasioned by

alterations bears to the cost of the original work and the certificate

of the Engineer-in-charge as to such proportion shall be final and

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 Chief Executive Officer monthly

statements of the estimated value of the work completed less the

cumulative amount certified previously.

42.2 The Chief Executive Officer shall check the Contractor’s monthly

statement within 14 days and certify the amount to be paid to the

Contractor after taking into account any credit or debit for the

month in question in respect of materials for the works in the

relevant amounts and under conditions set forth in sub-clause

of the Contract Data (secured Advance).

42.3 The value of work executed shall be determined by the Chief

Executive Officer.

42.4 The value of work executed shall comprise the value of the

quantities of the items in the Bill of Quantities completed.

42.5 The value of work executed shall include the valuation of variations

and compensation events.

42.6 The Engineer may exclude any item certified in a previous certificate

or reduce the proportion of any item previously certified in any

certificate in the light of later information

43.1 Payments shall be adjusted for deductions for advance payments,

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

source, as applicable under the law. The Employer shall pay the

Contractor the amounts certified by the Engineer within 28 days of

the date of each certificate.

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

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

the responsibility of the contractor to pay the GST to the 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 Contract.

44. Compensation events

44.1 The following are compensation Events unless they are caused by

the Contractor:

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

site possession date stated in Contract data to the Contractor

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

completed beyond the Intended Completion Date then Authority

will approve EOT with eligible contractual price escalation.

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

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

subsequent changes in the tax structure by the 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 Authority concerned.

46.1 All payment shall be made in Indian Rupees.

47. Price Adjustment- APPLICABLE

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.

= 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

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 trenches 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

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

The employer may, without prejudice to any other method of

recovery, deduct the amount of such damage from any monies due

or to become due to the contractor. The payment or deduction of

such damage shall not relieve the contractor from his obligation to

complete the works on from any other of his obligations and

liabilities under the contract.

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

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

any part of the Works or of a Section, the liquidated damages for

delay in completion of the remainder of the Works or of that Section

shall, for any period of delay after the date stated in such Taking-

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

Contract, be reduced in the proportion which the value of the part

so certified bears to the value of the whole of the Works or Section,

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

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

50.1 If the contractor achieves completion of the whole of the works

prior to the intended Completion Date prescribed in Contract Data

the Employer shall pay to the contractor a sum stated in Contract

Data as bonus for every completed month but subjected to

maximum amount as stated in Contract Data; which shall elapse

between the date of completion of all items of works as stipulated in

the contract, including variations ordered by the Engineer and the

time prescribed in Clause

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

with time limit of the works is equal or more than 6 months. The

bonus would be paid as under: NOT APPLICABLE

% of Time Saved % of Initial Contract Price

entitled for Bonus

Less than 10% 0%

51. Advance Payment: NOT APPLICABLE

The Employer shall make advance payment (not to be paid less than

two installments except in special circumstances for which the

reason to be Recorded in writing) to the Contractor of the amounts

stated in the Contract Date by the date stated in the Contract Date,

against provision by the Contactor of an Unconditional Bank

Guarantee in a form and by a bank acceptable to the Employer in

amounts and currencies equal to be at least 110% of the advance

payment. The guarantee shall remain effective until the advance

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

progressively reduced by the amounts repaid by the Contractor. The

Mobilization advance would be deemed as interest bearing advance

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

51.1 The Contractor is to use the advance payment only to pay for

Equipment, plant and Mobilization expenses required specifically for

execution of the Works. The Contractor shall demonstrate that

advance payment has been used in this way by supplying copies of

invoices or other documents to the engineer.

51.2 The advance payment shall be repaid by deduction proportionate

amount from payments otherwise due to the Contractor, following

the schedule of completed percentages of the Works on a payment

basis. No account shall be taken of the advance payment or its

repayment in assessing valuations of work done, variations, price

adjustments, Compensation Events, or Liquidated damages.

52.1 The performance Security (including additional security for

unbalanced bids) shall be provided to the Employer no later than the

date specified in the Letter of Acceptance and shall be issued in an

amount and form and by a bank or surety acceptable to the Employer

and denominated in Indian Rupees. The performance Security shall be

valid until a date 60 days from the certified date of completion of the

project 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 of the work.

Performance and Additional Performance Security shall become

refundable/releasable within 15 days after project certified

completion date subject to fulfillment of contractual obligation and

settlement of all dues and claims.

54. Cost of Repairs

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

Works between the Start date and the end of Defects Correction

periods shall be remedied by the Contractor at the Contractor’s cost

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

E. FINISHING THE CONTRACT

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

Completion of the works, and the Engineer will do so upon deciding

that the work is completed.

56. Taking Over

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

days of the Engineer issuing a certificate of Completion.

57. Final Account

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

of the total amount that the Contractor considers payable as full and

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

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

days of receiving the Contractor’s revised account.

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

excesses and savings in final account is observed, the

Engineer/Employer shall be at liberty to restrict the final payment of

BOQ items to the lowest amount evaluated of the bids considering

the final quantities and the rates quoted including the rebates if any.

Payment of variation items shall however be made at the rates

approved by the Employer, within 90 days from the physical

completion of work.

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and/or operating and maintenance manuals

are required, the Contractor shall supply them by the dates stated in

the Contract data.

58.2 If the Contractor does not supply the Drawings and/or manuals by

the dates stated in the Contract data, or they do not receive the

Engineer’s approval, the Engineer shall withhold the amount stated

in the Contract Data from payments due to the Contractor.

59. Termination

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

other party causes a fundamental breach of the Contract.

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

to the following:

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

work is shown on the current programme and the stoppage has

not been authorized by the Engineer

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

the Works and the instructions is not withdrawn within 28 days;

3. The Employer or the Contractor is made bankrupt or goes into

liquidation other than for a reconstruction 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

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 convenience.

60. Payment upon Termination

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

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

exceeds any payment due to the Contractor the difference shall be a

debt payable to the Employer.

60.1 If the Contract is terminated at the Employer’s convenience or

because of a fundamental breach of Contract by the Employer, the

Engineer shall issue a certificate for the value of the work done, the

cost of balance material brought by the contractor and available at

site, the reasonable cost of removal of equipment, repatriation of

the Contractor’s personnel employed solely on the works, and the

Contractor’s cost of protecting and securing the Works and less

advance payment received up to the date of the certificate, less

other recoveries due in terms of the contract and less taxes due to

deducted at source as per applicable law.

61.1 All materials on the Site, Plant Equipment, 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.

B. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract,

make his own arrangements for the engagement of all staff and

labour, local or other, and for their payment of housing, feeding and

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

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

Engineer may prescribe, showing the staff and the numbers of the

several classes of labour from time to time employed by the

Contractor on the site and such other information as the Engineer

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

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

shall be treated as the employees of the Employer at any point to

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE

TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS

A) Workmen Compensation Act 1923 :- The Act provides for compensation

in case of injury by accident arising out of and during the course of

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

under the Act on satisfaction of certain conditions on separation if an

employee has completed 5 years’ service or more on death, the rate of

15 days wages for every completed year of service. The Act is applicable

to all establishments employing 10 or more employees.

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

Provides for monthly contributions by the employer plus workers @

10% or 8.33% The benefits payable under the Act are :

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

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

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

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

other benefits to women employees in case of confinement or

miscarriage etc.

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

for certain welfare measures to be provided by the Contractor to

contract labour and in case the Contractor fails to provide, the same are

required to be provided, by the Principal Employer by Law. The principal

Employer is required to take Certificate of Registration and the

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

Act is applicable to the establishments or Contractor of Principal

Employer, if they employ 20 or more contract labour.

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

than the Minimum Wages fixed by appropriate Government as per

provisions of the Act, if the employment is a scheduled employment.

Construction of Building, Roads, Runways are scheduled employment.

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

wages are to be paid, when it will be paid and what deductions can

be made from the wagesof the workers.

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

equalwages 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.

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.

I) 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

J) 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.

K) 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

L) 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 Buildingand Construction Industry.

M) 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.

N) 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

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.

O) Factories Act 1948 :- The Act lays down the procedure for approval of

plans before setting up a factory, health and safety provisions, welfare

provisions, working hours, annual earned leave and rendering

information regarding accidents or dangerous occurrences to

designated authorities. It is applicable to premises employing

persons or more with aid of power or 20 or more persons without the

aid of power engaged in the manufacturing process.

P) 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

Q) 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, and 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 Managing Director, GUJSAIL, (Higher Authority)

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

issue is not resolved, any party can refer the matter for conciliation

within 15 days from the decision given by the Managing Director,

1. For the work up to Rs.100 Cr., if any of the parties are not

satisfied with the decision of the Managing Director, GUJSAIL

both the parties have to refer to the Secretary, Civil Aviation

Department, Government of Gujarat for the conciliation process.

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

satisfied with the decision of the Superintending Engineer, both

parties have to refer to the #Secretary, Civil Aviation,

Government ofGujarat for the conciliation process.

If the dispute is not resolved through the conciliation process,

contractor may refer the dispute to Gujarat Public Works

Contract Dispute Arbitration Tribunal. If the Contractor fails to

refer a claim / dispute to the Higher Authority within 14 days of

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

not be entitled to any additional payment/claim if he doesn’t

follow the above sequence in stipulated time. However, during

such period, he would not stop the work in any case.

Clause Reference With

respect to section

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

1. The Employers is [CL.1.1]

Name: Gujarat State Aviation Infrastructure Company Limited

Address: GUJSAIL Complex, Near SVPI Airport Ahmedabad.

Name of authorized Representative (will be intimated later)

2. The Engineer is Chief Executive Officer

Name of Authorized Representative : NA

3. The Defects Liability Period is 3 Year Including 3 Monsoon For [CL.1.1&33]

Pavement Works and 04 Years for Building Works from the date of

completion. [CL.1.1]

4. The Start Date shall be 1st days for the date of issue of the Notice to

proceed with the work.

5. The Intended Completion Date for the whole of the works is

18 Months after start of work with the following milestones:

Milestone dates: [CL.2.2& 49.1]

Physical works to be completed Period from the start date

Milestone 1 i.e. 25 % 135 days.

Milestone 2 i.e. 50 % 270 days.

Milestone 3 i.e. 75% 405 days.

Milestone 4 i.e. 100% 540 days.- DETAILS

6. The Site is located at Dwarka, District Devbhumi Dwarka [CL.1.1]

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

8. The work consists of Development of Heliport at Dwarka, Gujarat [CL.1.1]

including pavement facilities such as FATO, Parking Aprons,

Connecting Taxiways, Perimeter Road, Approach Road, Car Parking

and building facilities such as Passenger Terminal Building (PTB) cum

ATC Tower, Fire Station, Electrical Substation, Pump

Room/Underground Tank, Security Hut, Watch Towers under Phase-1

development. with items as per B.O.Q. The works shall, inter alia,

include the following, as Specified or as directed:

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

carriageway and strengthening including camber corrections;

construction of new road/ Parallel service road; bituminous

pavements remodeling / construction of Junctions, intersections, bus

bays, lay-bays; supplying and placing of drainage Channels, flumes,

guard posts and guard other related items; construction/extension of

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

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

various components of the works; rectification of The defects in the

completed works during the Defects Liability Period; submission of

“As- built’’ drawings and any other related documents; and other

item of work as may be required to be carried out for completing

the work in accordance with the drawings and the provisions of the

contract and to ensure safety.

(B) Bridge Works

Site clearance; setting out, provision of foundations, piers abutments and

bearing; prestressed/reinforced cement concrete superstructure; wearing

coat, hand railings, expansion joints, approach slabs, drainages spouts/

downtake pipes, arrangements for fixing light posts, water mains, utilities

etc; provision of suitably designed protective works; providing wing/return

walls; provision of road markings, road signs etc.; all aspects of quality

assurance; clearing the site and handing over the works on completion;

rectification of the defects during the Defects Liability Period and

submission of “As-built” drawings and other related documents; and

other items of work as may be required to be carried out for completing

the works in accordance with the drawings and the provisions of the

contract and to Insure safety

(C) Other Items (ELECTRICAL WORKS)

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

documents. [CL.2.3(9)]

10. The following documents also form part of the Contract:

As per clause 2-3

11. The law which applies to the Contract is the law of Union of India

12. The language of the Contract documents is English

13. Limit of subcontracting NOT APPLICABLE [CL.7.1]

14. The Schedule of Other Contractors

15. The Schedule of Key Personnel As per Annex – II to Section I

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

Rs. 5 lakhs per occurrence with the number of occurrences limited to

four. After each occurrence, the contractor will pay an additional

premium necessary to make insurance valid for four occurrences always.

17. Site Investigation report- Annexed to the Tender Document

18. The Site Possession date shall be first day of work order

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

shall be 21 days from the issue of Letter of Acceptance.

20. The period between program updates will be 23 days.

21. The amount to be withheld for late submission of an updated program

shall be Rs.1.00 lakhs

22. The following events shall also be Compensation Events: [CL. 27.3]

(i) Substantially adverse ground conditions encountered during the

course of execution of work not provided for in the bidding

(ii) Removal of underground utilities detected subsequently

Significant changes in classification of soil requiring additional

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

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

etc. not caused by the contractor.

Artesian conditions

(iv) Seepage, erosion landslide

(v) River training requiring protection of permanent work

(vi) Presence of historical, archeological or religious structures,

monuments interfering with the works

(vii) Restriction of access to ground imposed by civil, judicial, or

military authority.

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

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

 If any of the commodities like Cement, Steel or Bitumen are not found

applicable in a work, the weight component of that commodities {i.e.

‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen' (Pb) as indicated in SBD for the

purpose of Price Adjustment} shall be clubbed with the weight

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

the components shall remain as 100% .

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

ADJUSTMENT FOR LABOUR COMPONENT

(i) Price adjustment for increase or decrease in the cost due to labour

shall be paid in accordance with the following 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

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 = 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

Pc = Percentage of cement component of the work

ADJUSTMENT FOR STEEL COMPONENT

(iii) Price adjustment for increase or decrease in the cost of steel

procured by the contractor shall be paid in accordance with

the following formula:

Vs= Increase or decrease in the cost of work during the month under

consideration due to changes in the rates for steel

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

Products Rebars) on 28 days preceding the date of opening of

Bids as published by the Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Si= The all India average wholesale price index for steel (Mild Steel -

Long Products Rebars) for the month under consideration as

published by Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade, Ministry of

Commerce & Industry.

Ps = Percentage of steel component of the work

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

Long products Rebars has been chosen to represent the steel

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

Bi = The official price of bitumen of IOC depot at the nearest center:

 For the first 15 days of the month under consideration, the

price declared on the 1st day of that month.

 For the remaining days of the month under consideration, the

rate declared on the 16th day of that month.

Pb = Percentage of bitumen component of the work

ADJUSTMENT OF POL (FUEL AND LUBRICANT) COMPONENT

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

lubricant) shall be paid in accordance with the following formula

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

under consideration due to changes in rates for fuel and

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

existing consumer pumps of IOC at the nearest centre on the day

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

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

underconsideration due to changes in rates for plant and machinery

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

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

and parts has been chosen to represent the Plant and Machinery

ADJUSTMENT OF OTHER MATERIALS COMPONENT

(vii) Price adjustment for increase or decrease in cost of local materials other

than cement, steel, bitumen and POL procured by the contractor shall

be paid in accordance with the following formula

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

under consideration due to change in rates for local materials other

than cement, steel, bitumen and POL.

M0 = The All-Indian wholesale price index (all commodities) on

days preceding the scheduled date of opening of technical Bids, as

published by the Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade, Ministry of Commerce

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

month under consideration as published by the Office of the

Economic Adviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

Pm = Percentage of local material components (other than

cement, steel, bitumen and POL) of the work.

THIS Percentage COMPONENT CHANGE

BEFORE ONLINE TENDERING. AS THIS ARE

UNDER CALCULATIONS.

The following percentage will govern the price adjustment for the

entire contract:

1 Labour –PL 5%

Cement – Pc 90 %

6 Plant & Machinery Spares Pp

7 Other Materials – Pm

25. The proportion of payments retained (retention money)

shall be 5% from each bill subject to a maximum of

5 % of final contract price.

26. Amount of Liquidated damages for For Whole of work

{CL.49} delay in completion of works (1/2000)th of the

Initial contract price, rounded off to the

nearest Thousand, per

day. For sectional

Completion (wherever

specified In item 6 of

Contract data) (1/2000)th

of initial contract price for

#5 km Section, rounded

off to the nearest

thousand per day.

27. Maximum limit of liquidated damages

10 percent of the Initial {CL. 49}

For delay in completion work Contract Price rounded off to

the nearest thousand

28. Amount of Bonus for early completion NOT APPLICABLE

completion of work

shall be given as

29. Maximum limit of bonus for early Not Applicable

the Contract {CL. 50} Completion of work Price

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

#Nature of Advances Amount (Rs.)

Conditions to be

i Mobilization 10% of the contract value Not Applicable

ii Equipment 90% for new and 50% of Not Applicable

depreciated value for old

equipment. Total amount

equipment. Total amount

will be subject to a

maximum of 5% of the

iii Secured Deleted

Advance for non-perishable material Brought

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

after fulfillment of the above conditions).

31. Repayment of advance payment for mobilization and 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 6 (six)

months from the date of payment of first installment of advance,

whichever period concludes earlier, and shall be made at the rate of

percent (collectively for both Mobilization Advance and Equipment

Advance) of the amounts of all Interim Payment Certificate until such

time as the loan has been repaid, always provided that the loan shall be

completely repaid prior to the expiry of the original time for completion

pursuant to Clause 17 and

33. The securities shall be for the following minimum amounts

equivalent {CL. 52} As a percentage of the Contract Price:

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

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

of ITB Clause 29.5.

The standard form of Performance security acceptable to the Employer

shall be an unconditional Bank Guarantee of the type as presented in

Section 8 of the Bidding Documents.

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

35. The date by which “as– built” drawings (in scale as directed) in 2 sets

{CL. 58} are required within 28 days of the issue of certificate of

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

36. The amount to be withheld for failing to supply “as built” drawings

{CL. 58} by the Date required is Rs 5 Lakhs.

37. The following events shall also be fundamentals breach of contract:

{CL.59.2} “The Contractor has contravened Sub- clause 7.1 and Clause

38. The percentage to apply the value of the work not completed

representing {Cl 60} the Employer’s additional cost for completing the

Works shall be 20 per cent.