Repairing and augmentation of existing drainage network in CHP area at GTPS

1. SECTION-A:

 ACKNOWLEDGEMENT OF TENDER FEE /EMD.

 TENDER NOTICE.

2. SECTION-B:

 DECLARATION FORM CUM UNDER TAKING TO BE

SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE TENDERER

3. SECTION-C:

 GENERAL CONDITIONS OF CONTRACT

4. SECTION-D:

 TERMS AND CONTRACT FOR WORKS

 GENERAL SAFETY RULES & LIST OF SAFETY TOOLS

5. SECTION-E :

 PERFORMA FOR BANK GUARANTEE

 INTEGRITY PACT

 CERTIFICATE – A

 ANNEXURE – I (DETAILS OF BANK FOR SOLVEANCY

6. SECTION-F:

 SPECIAL CONDITIONS FOR USE OF CEMENT

 APPROVED NAME OF MANUFACTURERS OF

STEEL / CEMENT

 GENERAL GUIDELINES RELEVANT TO I.S.

7. SECTION-G:

 GENERAL SPECIFICATIONS

 TECHNICAL SPECIFICATION

 DETAIL SPECIFICATION

8. SECTION-H:

 SCHEDULE-B

 Safe Maintenance Procedure

EW- 278 PUR-F-006 RFQ-

 ACKNOWLEDGEMENT OF TENDER FEE /EMD

 TENDER NOTICE

EW- 278 PUR-F-006 RFQ-

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663 Fax: 91-79-23217673,

e-mail: [email protected] ; Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

ACKNOWLEDGMENT

E- Tender for the

Repairing and augmentation of existing drainage network in CHP area at GTPS

TENDER FEE PAID VIDE DEMAND DRAFT NO. _________________________________

DATED___________________________ RS. __________________________________

EARNEST MONEY DEPOSIT PAID VIDE D.D. NO. _______________________________

DATED ____________________ RS. _____________________

1. The undersigned reserves the right to reject any or all tenders without

assigning any reasons thereof.

2. The Tender fee will be accepted in form of Demand Draft and Earnest Money

Deposit will be accepted in form of Demand Draft or Bank Guarantee of any bank

as prescribe in ANNEXURE- I drawn in favour of “GUJARAT STATE

ELECTRICITY CORPORATION LTD.” payable at Gandhinagar TPS

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 278 PUR-F-006 RFQ-

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663 Fax: 91-79-23217673,

e-mail: [email protected] ; Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

CE [Generation], Gandhinagar, TPS invites “On-line Tenders” (e-tendering) for the work of Repairing

and augmentation of existing drainage network in CHP area at GTPS. Tender Papers & Specifications

may be down loaded from Web site https://gsecl.nprocure.com(For view, down load and on

line submission) and GUVNL / GSECL web sites www.gsecl.in (For view only).All tender

documents are to be upload (Notarized / self-attested copies of original – as specified in tender

document) through online only (mandatory) on (n) procure portal excluding Tender fee and EMD

Tender fee and EMD are to be submitted physically by Registered Post A.D. or Speed Post addressed

to: CHIEF ENGINEER (GENERATION), GUJARAT STATE ELECTRICITY CORPORATION LTD,

THERMAL POWER STATION, GANDHINAGAR-382041, GUJARAT. “NO COURIER SERVICE OR

HAND DELIVERY” will be accepted.

Tender Estimated E.M.D.

No. Cost Rs. Rs.

Repairing and Rs. 6 (Six) Rs. 2500+ Rs.

EW-278 augmentation of 4314681.80 Months 450 = Rs.

existing from the 2950/-(Two (One Lakh

drainage date of Thousand Twenty Nine

network in CHP written Nine Thousand

area at GTPS order to hundred Four

commence Fifty only Hundred

the work. (Non Forty Rupees

Refundable) Only)

180 Days [From the opening of

1 Validity of Tender

Technical Bid].

Last Date for Online tender / offer submission through

2 As per Tender Notice

(n)Procure only up to 18:00 Hrs(This is Mandatory)

Last Date for physical receipt of cover for DD / Bank Guarantee

3 / Online payment reference for Tender Fee and EMD only up to As per Tender Notice

15:00 Hrs Through RPAD or Speed Post Only

Date of opening of online Technical Bid, all relevant documents

submitted through online process, Cover for Tender fee and

4 As per Tender Notice

EMD at 15:30 Hrs (Online technical bid will be opened for

Bidders who have submitted Cover for Tender Fee and EMD)

Tentative date of on-line opening of price bid (if possible) at Party has to be in touch with

15.30 hrs. website www.nprocure.com and

also with e-mail sent by above

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 278 PUR-F-006 RFQ-

1) Only following listed documents must be upload in n-process online only. No physical documents are to

be submitted except tender fee and EMD cover. Price Bid shall not be submitted in Hard copy.

1. Demand Draft for Tender Fee and EMD (Original) cover only to submit through RPAD/Speed post

2. The bidder shall have a separate Provident Fund Code of RPFC in the name of company. The bidder,

who does not possess such separate P.F. code, shall not be considered for acceptance of tender. The

contractor has to submit attested copy of such certificate showing P.F. code along with the tender.

3. Attested copy of PAN No.

4. Attested copy of work experience certificate for the similar works executed.

5. List of work in progress.

6. Attested copy of firm registration [Applicable only to the firms registered under Company Law]

7. Attested copy of partnership deed. [Applicable only to the partnership firms.]

8. Attested copy of power of attorney, if any, for signing the bid document.

9. Attested copy of balance sheet of profit & Loss account duly audited by Chartered Accountant of at

least 3 financial years, if work estimate is more than Rs. 50 Lacks.

10. Details of equipment, tools and plants immediately available with the tenderer for use of this work.

11. Details of technical personnel.

12. Undertaking duly Notarized as per attached Declaration Form

13. Any other documents required to verify technical, financial capability of the bidders & other Credentials

15. Attached The Copy Of GST Registration.

All such documents should be strictly uploaded in N-procure only expect Tender Fee and EMD details

cover. Otherwise the offer will not be considered and no any further communication in the matter will

be entertained.

2) In case any deviation is found in Data / Details / Documents uploaded on N-procure online offer (e-

tendering) documents then such tender will not be considered and no any further communication in

the matter will be entertained. Tenders must be un-conditional. Conditional Tenders will be rejected.

3) Further bidders are requested to submit Technical Bid documents and price – bid i.e. Schedule-B on

line only and not to submit the Technical bid and price bid in physical form expect Tender Fee and

EMD details cover. This is mandatory. If Technical bid document and price bid is submitted in physical

form expect Tender Fee and EMD details cover, same will not be opened and only on-line

Uploaded/submitted Technical bid document and price will be considered for evaluation. The bidder

is requested not to upload/submit the by online (n)procure while bid submission on in

(n)procure tender document, condition of the contract, specification & other relevant

documents, except documents as stated here above. Instead of the same, the bidder shall

upload on (n) procure scan copy of the duly Notarized Undertaking as stated below declaration form

on the stamp paper of Rs. 300/-. However, bidder may download tender document & preserve

with them in Hard Copy for their future reference. Later on, L1 bidder shall be asked to

collect the tender documents from the tender inviting authorities for the purpose of

contract agreement execution and place their signature with seal of the company.

4) It is mandatory for all the bidders to submit their tender documents viz. on-line (e-tendering) and

uploading on (n) procure in scheduled time. Tender documents submitted in physical form will not be

accepted and considered expect Tender Fee and EMD details cover. Also, all bidders shall submit

required Physical documents as stated in Tender Notice

5) GSECL reserves the rights to reject any OR all tenders without assigning any reasons thereof.

6) Tender Notice Number & name of the work shall be clearly written on the covers of containing the

Tender Fee and EMD.

7) Technical / Price Bids will be opened on the day and time indicated in the tender notice by an Officer

nominated by the Purchaser in the presence of such of the bidders who wish to be present. Any

technical questions, information and clarifications that may be required pertaining to this tender should

be referred to the CHIEF ENGINEER (GEN.) Gandhinagar TPS. Also during pre-bid meeting (if arranged)

the same may please be discussed

 The exemption in payment of Tender Fee & EMD shall be given to

1. Micro & small-scale enterprises which participate directly in tendering

process for the product which they are manufacturing / service which

they are providing and have Udyam registration for items / service under

procurement.

2. Startups which participate directly in tendering process for the product

which they are manufacturing / service which they are providing and

recognised by DPIIT under the Start-up India Program and has obtained

Udyam registration.

EW- 278 PUR-F-006 RFQ-

3. Organization which has registration certificate for the manufacturing

product of the tender, from Gujarat Khadi Gramodyog Board or Khadi and

Village Industries Commission(K.V.I.C)or Commissioner of Cottage

Industries.

4. Board/Corporations/PSUs of the Central/State Government for their

own manufactured items.

5. State Government recognized organizations like(i) organizations for blinds,

dumb and deaf, disabled, mentally disabled persons;(ii)women's self-help

group recognized by Gujarat Livelihood Promotion Company; which

participate directly in tendering process for the product which they are

manufacturing / service which /they are providing.

1. Micro & Small Enterprises (MSEs) who participates directly in the

tendering process as Manufacturers or Service Providers, and holds a

valid Udyam Registration, are eligible for exemption from payment of

Earnest Money Deposit (EMD).

2. Agencies registered under Udyam in the capacity of Traders, Re-sellers, or

similar categories (i.e. other than Manufacturers/Service Providers) are

not eligible for EMD exemption.

3. Migration period for Reclassification of MSMEs: - ln case of an upward

change in terms of investment in plant and machinery or equipment or

turnover or both, and consequent re-classification, an enterprise shall

continue to avail of all non-tax benefits of the category (micro or small or

medium) it was in before the re-classification, for a period of three years

from the date of such upward change.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 278 PUR-F-006 RFQ-

 DECLARATION FORM CUM UNDER TAKING

TO BE SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE BIDDER

EW- 278 PUR-F-006 RFQ-

(To be uploaded on (n) procure online process duly notarized on Rs. 300/-

Non – Judicial Stamp Paper)

DECLARATION FORM

Tender No/ RFQ No:

1. I/We hereby declare that I/We have carefully studied the entire tender placed on

the WEB site and conditions of contract, specifications and other documents of this

work mentioned in the tender and abide by the same. Also, I/We hereby agree to

execute the same accordingly.

2. I/We hereby abide to execute the contract agreement by downloading the copies

of the conditions of contract, specifications and other documents of this work of

otherwise I/we will get copy of the same from the office of the tender inviting

authority and the same will be acceptable to me/us.

3. I/We hereby accept and confirm that any dispute on this regard shall not be

4. I/We hereby declare that I/We have visited the work site and fully acquainted

myself/ourselves with the local situations regarding materials, labour and other

factors pertaining to the work before submitting the tender.

5. I/We hereby confirm that our offer is Un-conditional and without any technical &

commercial deviations.

6. Should this tender be accepted, I /We hereby agree to abide by to fulfill all the

terms-conditions and provision of the Tender and Contract for Works as applicable

and default thereof, to forfeit and to pay to the Gujarat State Electricity

Corporation Limited the sums of money due.

7. The full value of the “Earnest Money Deposit” paid herewith should be absolutely

forfeited to the Corporation, should I/ we do not execute / commence the work

after issuance of date of commencement by GSECL.

EW- 278 PUR-F-006 RFQ-

8. If, I fail to submit all required documents with application or tender copy ( in each

tender ) then my tender will be cancelled, which is binding to me.

9. If, full or part work will be given to me, it will be accepted to me with same terms,

rate & conditions.

10. I, ______ proprietor / owner / partner / Authorized Agent of M/s. ______ do

hereby also declare and undertake as under:

a) That in capacity of independent contractor for M/s. ______ (Sub-Contractor

of M/s. ______ ) worked as contractor at GSECL, ___________Thermal Power

Station for the nature of work of ______ against work Order No. ______ Dt.

______., I have complied with the provisions of all laws as applicable. I have paid

the wages for the month/s of my contractual period which is / are not less than

the minimum rates as applicable, to all my employee/s and no other dues are

payable to my employee/s.

b) That I have covered all the eligible employee/s under the Employees‟

Provident Funds and Miscellaneous Provisions Act, 1952 and deposited the

contributions under my PF Code No. ______, place: ______ for the month/s of my

contractual period and as such no amount towards contribution whatever is

c) I further declare and undertake that in case any liability pertaining to any of

my worker, labour, employee/s is/are to be discharged by the principle employer

i.e. Gujarat State Electricity corporation Limited, ___________Thermal Power

Station due to my lapse, I undertake to reimburse the same or the principle

employer is authorized to deduct the same from my dues as payable.

d) I further declare and undertake the legal consequences which may arise in

future under the said work order awarded, and I bond myself to resolve the same

at the risk and cost of M/s. ______.

authorized signatory of M/s

______________________________________________ here by certify that M/s

_________________________________________________ and their proprietor /

any partner / any directors of the firm is not stop deal and / or banned for

business dealing and / or black listed by GUVNL and / or their any subsidiary

company viz. GSECL / GETCO / DGVCL / MGVCL / UGVCL / PGVCL as well as

Government and / or Semi Government company / department.

Seal & Signature of the Bidder

Phone / Mobile/ Fax No. & Company‟s Seal

EW- 278 PUR-F-006 RFQ-

E- Tender for the work of Repairing and augmentation of existing drainage network

in CHP area at GTPS

RTGS DETAIL OF BIDDER

Following RTGS details shall be submitted by agency along with the tender for direct deposit of

payment to the beneficiary account. Bidder has to submit the details as under:

1 Name of Bidder :-

2 Address for correspondence :-

3 E-Mail ID :-

4 Phone / Mobile No. :-

5 Name of Beneficiary :-

6 Bank Account Number of :-

beneficiary

7 Name of Bank of beneficiary :-

8 Name of Bank, branch & address :-

9 Type of account :-

10 Bank Code :-

11 RTGS Code :-

12 IFSC Code :-

EW- 278 PUR-F-006 RFQ-

Project Synopsis and Data

1) Location :- Gandhinagar Thermal power station

2) Purchaser :- GUJARAT STATE ELECTRICITY CORPORATION

3) Engineer :- Chief Engineer(Gen)

4) Site of Project :- Gandhinagar,Gujarat State

5) Nearest town :- Gandhinagar

6) Nearest Railway Station :- Gandhinagar Capital(Ahmedabad is situated at a

distance of about 30.00Km)

7) Nearest Port :-

8) Nearest Air Port :- Ahmedabad-20Km(Approx)

9) Access Road :-

10) Site Elevation from MSL :- RL 81.5 M(floor level)

11) Meteorological Data

 Ambient Air temperature

1] Highest monthly mean of daily :- 35 C

Max. Temperature (

2] Maximum dry bulb :- 45 C

Temperature ( In C)

3] Minimum dry bulb :- 8.6 C

Temperature ( In C)

 Rainfall

1] Average annual rainfall :- 1000 to 1200mm

2] For 01 hour ( In mm) :- 75 to 100mm

3] For 24 hour ( In mm) :- 250mm

 Wind velocity

1] Maximum wind velocity :-

(In m/sec)

2] Wind direction – N,NE & SW :-

3] For 24 hour ( In mm) :-

 Relative Humidity

1] Annual mean humidity ( In %) :- 50 to 60%

2] Maximum humidity (In %) :- 98%

3] Minimum humidity (In %) :- 2%

4] Type of Atmosphere :- Dry

12) DESIGN DATA

 Seismic Data :-

 Zone :- Zone-III as per IS 1893-1975

 Intensity :-

 Ambient temperature :-

 Other Data :-

EW- 278 PUR-F-006 RFQ-

SCOPE OF WORK AND SITE CONDITIONS

The main scope of the work is to carryout Repairing and augmentation of existing drainage network

in CHP area at GTPS at GTPS. at GTPS.

Under the scope of this tender the agency has to carry out the subject work, various works as per all

items of Schedule B and as per detail technical specifications items. The quantities taken under

individual items are very tentative. However, the agency has to carry out the works as per the

Company’s requirements (Anywhere in PH Area).

The agency has to carry out the works as per item & specifications of the tender by providing all

materials of best quality and of standard manufactures as the samples approved by EIC and

providing best workmanship through expert manpower.

The agency has to carry out the works as per the priority & schedule given by EIC time to time even

in on or off working hours of the office. The agency will take complete care and will not damage any

other structure in premises of company.

The agency has to carry out all the works by taking all due cares of safety, security norms, with all

risks including scaffolding, strutting, shoring, etc up to any height irrespective of quantum of the

work. Anywhere in Power house premises or as directed by EIC/ as per GSECL requirement.

Contractor has to make arrangement for workable site condition with the cooperation of

departments of company and agencies, all necessary arrangement to get work permit is to be made

by contractor. Day to day cleaning is required after completion of job. The removed materials and

any other unwanted materials are to be transported and taken away as instructed by E.I.C.

All safety measures shall be taken by the contractor with his own cost.

The scope of work to be carried out by the Contractor shall also include Clearance of the site,

Disposal of debris, excavated material etc,

The major works involvement generally mentioned as here under:

Demolition of Brick work, unreinforced concrete, RCC etc.

Excavation

Brick Work

PCC , 15 mm thick plaster work

Supplying and fixing reinforced concrete heavy duty non-pressure pipes

Providing and laying controlled cement concrete M.200

Providing TMT Bar FE 415 reinforcement for R.C.C.

For & On behalf of GSECL

CHIEF ENGINEER

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 278 PUR-F-006 RFQ-

Registration in VMS System

Additional Note: Vendor gets to register in VMS System through vms.guvnl.com. For

registration following documents are required and mail to [email protected] and

[email protected]. After registration vendor have to upload the invoice in the VMS

system for smooth functioning of payment.

Documents required for Registration:

(1) PAN Copy

(2) GST Certificate Copy

(3) Email ID

(4) Full Name of Vendor

EW- 278 PUR-F-006 RFQ-

SPECIAL NOTE FOR PRE-QUALIFICATION

area at GTPS

The tender documents are of two separate bids i.e. technical and price bids. Bidder is

requested to submit the technical bid with the following credentials for post-

qualification.

1. Bidder should produce evidence of having experience of successfully completed

similar works as defined hereunder, carried out in Central & State Government / Semi-

Government / GSECL / GETCO / DGVCL / MGVCL / UGVCL/PGVCL during the last seven

years ending last day of the month previous to the one in which tender is invited. Bidder

should submit self-attested copies of documentary evidence, preferably photo copies of

work completion certificate, certificate regarding works on hand progressing

satisfactorily along with certificate of amount of work done, work order with Schedule-

B, etc. from the respective department. The amount of completed works should be either

of the following:-

a. Three similar completed works each costing not less than the amount equal to

b. Two similar completed works each costing not less than the amount equal to

c. One similar completed works each costing not less than the amount equal to

2. Similar work means– General Civil Construction / Civil Maintenance works. The

work of housekeeping, horticulture, cleaning, anti-termite, fabrication will not be

considered in similar works.

3. Experience certificate of work executed with private firm shall not be accepted.

Experience as a joint venture or sub-contractor is not allowed and price bid of such

bidders will be rejected.

4. EMD: To pay EMD in form of DD OR in form of B.G. given by bank as

described in the Annexure – I.

5. Tender Fee: The tender fee shall be accompanied in the form of DD.

6. Separate employee’s Provident Fund code number towards registration of

firm with Regional P.F. Commissioner.

7. Financial qualification criteria:

1) The Average Annual Turnover of the bidder, shall not be less than Rs.

during the preceding three (3) financial years as one date of Techno-Commercial bid

2) Net worth of bidder shall not be less than 100% of the bidder’s paid up share capital

as on the last day of the preceding financial year. In case the Bidder meets the

requirement of Net worth based on the strength of its Subsidiary (ies) and/or

EW- 278 PUR-F-006 RFQ-

Holding company and/or Subsidiaries of its Holding Companies wherever

applicable, the Net worth of the Bidder and its Subsidiary (ies) and/or Holding

company and/or Subsidiary (ies) of the Holding Company, in combined manner

should not be less than 100% of their total paid up share capital. However

individually, their Net worth should not be less than 75% of their respective paid

share capitals.

Net worth in combined manner shall be calculated as follows:

Net worth (combined )= (x1+x2+X3)/(y1+y2+y3) X 100, where x1,x2, x3 are

individual net worth which shall not be less than 75 % of the respective paid up

share capitals and y1, y2, y3 are individual paid up share capitals.

3) In case the bidder is not able to furnish its audited financial statements on stand-

alone entity basis, the unaudited unconsolidated financial statements of the

bidder can be considered acceptable provided the bidder further furnishes the

following documents for substantiation of its qualification.

 Copies of the unaudited unconsolidated financial statements of the bidder along

with copies of the Audited consolidated financial statements of its Holding

 A Certificate from the CEO/CFO of the Holding Company, stating that the

unaudited unconsolidated financial statements form part of the Consolidated

Annual Report of the company.

4) In cases where audited results for the last preceding financial year as on the date

of techno-commercial bid opening are not available, the financial results certified

by a practicing Chartered Accountant shall be considered acceptable. In case,

Bidder is not able to submit the Certificate from practicing Chartered Accountant

certifying its financial parameters, the audited results of three consecutive

financial years preceding the last financial year shall be considered for evaluating

the financial parameters. Further, a Certificate would be required from the

CEO/CFO, stating that the Financial results of the Company are under audit as on

the date of Techno-commercial bid opening and the Certificate from the practicing

Chartered Accountant certifying the financial parameters is not available.

5) The bidder must submit Average Annual Turnover and Net worth Certificate in

support of Financial QR, duly certified and verified for authenticity from

Independent Statutory Auditor of their company / Practicing Charted Accountant/

C.A. Firms / TPIA (Third-Party Inspection Agency ) empaneled approved by

GSECL, along with copy of Annual Audited Accounts of last three years.

8. Attested copy of relevant document duly signed and sealed on each and every page

shall be submitted.

9. Attach copy of GST Registration

10. Details of orders for similar nature/jobs carried out along with documentary

Evidence, Performance Certificate and their organization set up for such work

executed in past there of indicating the Names of the organizations, order no and

11. Bidder shall have to submit the PAN card No for Income Tax with documentary

12. Details of the partnership deed.

EW- 278 PUR-F-006 RFQ-

13. Details of Tools, tackles, equipments and personals available with firm relevant to

the job/subject matter.

14. Copy of the updated valid labor contract license from the appropriate authorities and

updated workman group insurance policy covering labor engaged.

15. The tenderer shall have to produce the document of last three years annual account,

i.e. profit & loss account and balance sheet, if the estimated cost of tender is more

than 50 lakhs along with technical bid.

16. Details of skilled/semi-skilled persons presently employed by the contractor having

sufficient knowledge of similar jobs.

17. Declaration form in original duly notarized on stamp paper of Rs. 300/- (As referred

in Tender Notice)

The above documents will be analyzed and after satisfaction, the price bid will be

opened. GSECL may verify the documents, experience certificates from authority who

have issued such certificates / details.

On opening of Technical Bid, if any required attested documents are missing in technical

absence of these documents sufficient competition is not possible, in that case to have

to bidder/bidders to submit the missing required documents within stipulated time

limit and failing which bidder/bidders will be declared technically disqualified for not

submitting the required documents along with technical bids without any further

notice. However, document will be considered valid only if it is for the period of last day

of month previous to the one in which tenders are invited.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

GSECL: GTPS

SIGNATURE OF CONTRACTOR

EW- 278 PUR-F-006 RFQ-

GENERAL INSTRUCTIONS TO THE BIDDERS

1. SUBMISSIOIN OF TENDER

The tender should be uploaded/ submitted online on n-procure process.

Technical bid cover:- This cover shall contain all relevant attested qualifying documents as

prescribed in tender notice along with tender fee & EMD. Bidder shall have submit Tender Fee

and EMD cover only, All other require document to be upload on online (n)procure process only

Note: - If attested copies of qualifying documents stated as prescribed in tender

notice are not found in on-line Technical bid, but same should be submitted by mail

during scrutiny will be treated as final to consider the bid for pre-qualification. Any

missing documents, if required will be asked from the bidder as mentioned in this

tender elsewhere. If party has not submitted tender in online is liable to be ignored.

Technical Bid

“Please note that the Notarized / self-attested copies of original required documents

should be invariably uploaded in n-procure portal before due date and time in pdf

form (Scanned copy). This is mandatory. No physical documents are required to be

submitted except tender fee and EMD.

Price bid:-

The price bid shall have to be submitted online only. The percentage rates and price shall be

written both in words, and figures and the units in words. In case of any ambiguity or mistakes,

the unit rates and prices written in words shall be considered as final.

Offered rate shall include cost of all Materials, wastage of material , Labours for all leads and

lifts, Supervision, setting out works, Machinery and equipment with its mobilization /

demobilization, transportation charges, Clearing of the site both prior to commencement and

after completion of work. Consumables such as, but not limited to petrol, oil, diesel, lubricants,

drill bits, pipes, ropes etc. Construction facilities such as scaffolding, tarpaulins, wind break, etc.,

Overheads / profits of Contractor for due performance of the work under this contract.

Applicability of goods and service tax:-

1) The tenders shall be evaluated on firm price and cost with GST and cess as applicable unless

otherwise mentioned in the tender documents.

2) IF the supplier/contractor have opted for the composition scheme of GST, the same must be

clearly specified with valid declaration and certificate from department. In the event of

withdrawal/ cessation of the supplier from composition scheme during the tenure of the contract,

the rate(i. e. price) mentioned in the price bid shall be final and any additional GST will have to

be borne by the tenderer himself, In no case additional amount towards GST or otherwise will be

paid/reimbursed to supplier/contractor.

EW- 278 PUR-F-006 RFQ-

3) The bidder shall have to inform their GST no. of the registered place(s) where from the bidder

intends to supply the goods/services, meaning there by the bidder has to supply the

goods/services from the relevant declared/ registered place(s) of supply only.

4) The bidder shall not include GST in their quoted rates; but the bidder has to separately indicate

the GST rate, amount in the price bid schedule.

5) In-case Govt notification comes for change in GST , the same will be applicable.

6) Bidder should indicate GST no.( copy of GST registration to be enclosed) and PAN NO. (copy of

PAN to be enclosed) Tenders submitted without GSTIN No by the firms, the offer will be rejected

without entering into further correspondence.

Further information required, if any, can be had from the office of the Chief Engineer, GSECL,

GTPS. But it must be clearly noted that the tenders must be received complete in every

respect by the due date and time.

i. The bidder must clearly quote rates in figure as well as in words. In case of any discrepancy,

whatever written in words shall prevail.

ii. No deviation in terms & conditions, Schedule-B and technical specifications will be entertained.

Any ignorance for this shall not relieve the contractor from his contractual liability arising as per

tender documents and conditions contained in it.

iii. The bidders are required to quote only firm prices. No variation will be accepted on price/ raw

materials/ finished products or on any other cause.

iv. The bidders should note that the completion of above mentioned works in all respect in

accordance with the time limit given is very important and should be strictly adhered to. The

work is to be completed in time limit from the date of issue of written order to commence the

work by the Chief Engineer (Gen.), GSECL, Gandhinagar TPS.

v. The bids should be valid for a minimum period of 180 Days from the date of opening of

technical bid. During this period tenderer shall not be allowed to withdraw their tender and if

withdrawn, the Earnest Money Deposit submitted with the tender will be forfeited.

vi. The works covered under these specification shall be carried-out and governed by “Tender and

contract for Works” booklet appended herewith except where conditions specified in this

specifications.

vii. The successful bidder shall have to enter in to an agreement for contract as per G.S.E.C.L rules

on a stamp paper of Rs.300/- and necessary stamp duty charge shall be borne by the

contractor/consultant.

viii. The complete specification comprises of the following.

Bill of Quantities (Schedule-B), instructions to the bidders, Tender specifications and scope of

work, Tender and contract for Works booklet, General Conditions, Instructions to bidder &

Technical specifications. All these sections are complimentary to each other. The particulars

and requirements contained herein shall cover the execution of the works covered under these

specifications.

ix. The tenderer must visit the site of works and see for him self the site conditions regarding

availability of approach road during all seasons and other matters affecting the above works

before submitting the tender.

x. The submission of tender by a contractor implies that he has read these instructions the

conditions of contract etc. and has himself aware of the scope and specifications of the work to

be done and of conditions and local conditions and other factors bearings on the execution of

the works. GSECL will not therefore after acceptance of contractor's rate pay any extra charge

for any other reason; in case the contractor is found later on to have misjudged the site

condition.

xi. GSECL‟s authorized officers who accepts tender, shall have the right of rejecting all or any of

the tenders and will not be bound to accept the lowest offer nor to assign any reason

whatsoever for the rejection of any tender or all tenders.

xii. Bidders shall provide evidence of their continued eligibility to the satisfaction of the owner.

xiii. Bidders shall not be listed under a declaration of ineligibility for corrupt or fraudulent Practices

issued by the Govt., the list of black listed Contractors announced by GSECL (erstwhile GEB)

Govt. of Gujarat or its Public Sector undertakings or the contractors who are under stop dealing

in GUVNL and /or their any subsidiary company viz. GETCO/MGVCL/UGVCL/PGVCL/DGVCL.

xiv.The bid, and in case of a successful bid, the Form of Contract Agreement, shall be signed

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with the name of Firm / company which will be legally binding on all partners / parties.

xv.If the application is made by an individual, it shall be signed by the individual above his full

typed written name and current address.

xvi.If the application is made by a proprietary firm. It shall be signed by the proprietor above

his full typed written name and the full name of his firm with its current address.

xvii.If the application is made by a partnership firm, it shall be signed by all the partners of the

firm above their full type written names and current addresses or alternatively by partner

holding power of attorney for the firm in which case a certified copy of the power of

attorney shall accompany the application. A certified copy of the partnership deed, full

names and current addresses of all the partners of the firm shall also accompany the

application.

xviii. If the application is made by a limited company or a Corporation, it shall be signed by

the authorized person holding power of attorney for signing application in which case a

certified copy of the power of attorney shall accompany the application. Such Limited

company or Corporation may be required to furnish satisfactory evidence of its existence

before the pre-qualification evaluation. They should also furnish Articles of Memorandum of

Association. If the application is made by group of companies, it shall be signed by the

authorized person. The authority letter shall be accompanied with the application.

2. SECURITY DEPOSIT

It should be mandatory to submit security deposit as per cl no.7 of Section C (i.e General

condition of contract).

3. MAINTENANCE:

i] The contractor shall be responsible to make good and remedy at his own expense any defect

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

certified date of completion. The same shall be attended 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 more than Rs. 50,000 and up to Rs. 1 crore (amount put to tender),

the period shall be 06 months from the certified date of completion OR one monsoon,

whichever is later.

For the purpose of deciding monsoon period, the 30 th September may be treated as the last

4. TIME LIMIT FOR WORK:

The scheduled time limit for the completion of work shall be 6 (Six) calendar months from the

date of issue of letter to commence the work. However extension in time limit will be granted

by GSECL for the genuine reasons only as per terms of the contracts.

5. TERMS OF PAYMENTS:

Contractor shall be paid RA bill after observing GSECL’s general procedure and submission

of bill by the agency. Also, 75% payment shall be made immediately within a week period on

receipt of recorded bill by Account Section without checking of detail bill and compliance of

queries & statutory requirement. However, remaining balance 25% amount shall be

released only after through checking of detail bill and compliance of various quarries,

statutory compliance etc. The above payment term is applicable to all the bills of general

civil works & ARC/BRC works, provided the bills are recorded regularly and submitted to

Account Section within Ninety [90] days. If the contractor fails to submit the bills regularly

in such a way so that the same cannot be recorded and submitted to account section within

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Sixty [60] days, ad-hoc payment as stated above, may not be released and payment will be

released as per GSECL’s general procedure. The period of Sixty [60] days shall be considered

from the date of receipt of last R.A. Bill by Account Section.

6. METHOD OF PAYMENT:

a. The payment for the work done will be made by running bills every month after

taking joint measurement within 30 days.

b. Final bill will be paid within reasonable time after settlement of material account by

you and after recording of joint measurement.

7. All bidders shall submit the details/documents in support of Technical Qualification

Requirements duly certified and verified for authenticity from Specified Third-Party

inspection Agency (TPIA) or Statutory Auditor of their Company or Practicing CA,/CA

Firm along with a certificate regarding verification of authenticity of documents as per the

format placed at Annexur-1. All the documents submitted by the bidder in support of the

meeting Technical QR only shall be digitally signed by the Specified Third Party

inspection Agency (TPIA) or Statutory Auditor of their Company or Practicing CA/CA

The verification and certification of authenticity of documents is acceptable from

any of the following TPIAs:

1. M/s Competent Inspectorate and Consultants Pvt. Ltd, Hyderabad,

2. M/s Gulf Lloyds Industrial Service India Pvt. Ltd.-Ahmedabad.

3. M/s International Certifications Services.

4. M/s Intertek India Pvt. Ltd.

5. M/s SGS India Pvt. Ltd.

6. M/s Moody International (India) Pvt. Ltd.

7. M/s TUV SUD South Asia (P) Ltd.

8. M/s TUV Rheinland (India) Pvt Ltd.

9. M/s Bureau Veritas (india) Pvt. Ltd.

10. Hertz Inspection & services Pvt. Ltd.

11. IRCLASS Systems and Solutions Pvt. Ltd.

Verification for authenticity shall not be applicable in following cases.

1. Bidders having proven track record or regular suppliers/contractors (i.e.

OEM/OES/PSUS)

2. Past order copies of GSECL as these documents can be verified

internally.

Bidders shall be responsible for getting their documents/ credentials verified &

certified by the Specified Third-Party Inspection Agency (TPIA) or Statutory

Auditor of their Company or Practicing CA/CA Firm in support of Technical

QR. All the costs pertaining to third party verification and certification

(including those by statutory auditors) shall be borne by the Bidder. GSECL

shall have no liability (financial or Otherwise) towards the same and shall not

be liable for any claim/ dispute between the bidder and the Specified Third-

Party inspection Agency (TPIA) or Statutory Auditor of their Company or

Practicing CA/CA Firm

Annexure-1

Undertaking from Third Party inspection Agency/Statutory Auditor or

Practicing CA/CA Firm

(On letter head digitally signed by a person duly authorized to Sign on behalf of the firm)

Ref: Date:

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Power Station ……………….

Subject: Authentication of veracity of documents submitted by M/s ........ in support

Meeting the Qualifying Requirements

Ref: Tender no. …………………..

Name of the Package/ Tender: ………………………………………

M/s. ……………… (hereinafter called Bidder) having Registered office at ……………………

intend to participate in above referred tender of GSECL.

The tender condition stipulates that the bidder shall submit supporting Documents

pertaining to Qualifying Requirement duly verified and certified by Third-Party

Inspection Agency (TPIA) or Statutory Auditor of their Company or Practicing CA/CA

Firm as per the list mentioned in the bidding documents.

In this regard, it is hereby confirmed that we have examined the following

documents, which are also attached with this letter. The same has been verified

from the Original Documents and / or Client for authenticity.

We hereby confirm that the following documents are found to be genuine and

authentic.

1. Doc ref. no. ……….. Dated …….. (Name of Documents)

2. Doc ref. no. ……….. Dated …….. (Name of Documents)

All the aforesaid documents have been digitally signed by us as a certificate of

authenticity.

We further confirm that we neither have any vested interest in aforesaid tender nor

have any conflict of interest in respect of above tender.

This certificate is issued at the request of M/s ………………. (Bidder) for the purpose of

participating in the subject tender/s

Thanking you,

8. ASSIGNMENT:

The rights and liabilities of the contractor shall not be assigned or transferred by them without

the consent in writing of the GSECL to any other person, firm or organization.

9. The successful Bidder, on receipt of letter of intent will submit within a week's time his

planning / programme of works, for scrutiny of the GSECL in a Bar Chart format, clearly

indicating GSECL's inputs also. Contractor will plan his works such that simultaneous work

should progress in such a way that entire job is completed in scheduled time limit on all

the fronts released by GSECL.

EW- 278 PUR-F-006 RFQ-

10. The successful bidder will have to depute his authorized representative to attend progress

review meetings to be held at GSECL, Gandhinagar TPS without any extra cost.

11. The Contractor will be responsible for complying with all rules and regulations and labour

laws applicable to him and the GSECL will not be responsible for any lapses committed by

them. If there is any claim from any Government authority pertaining to the contract, the

same amount will be deducted from the Contractor's bill.

12. The time limit for completion of work is stipulated as in the tender will be adhered to.

13. The Contractor's rates should be firm and no variation clause is to be quoted by the

Contractor and GSECL will not accept the same, during contractual period including

extended time limit if any.

14.BIDDER TO STUDY, ANALYSE & CONSIDER:

a) The information given in this specification is in good faith and meant to serve as a

guide to the Bidder. It is, therefore, imperative that Bidder shall obtain and examine for himself

all the data, information and particulars required for the satisfactory execution of the work

under this tender. The submission of a bid by Bidder implies that he has fully read the

specifications, bid drawings, instruction to the bidder along with Contract Document and

Conditions of Contract, applicable labour laws, safety norms etc., and has made himself aware

of the scope and the specifications for the work to be performed and local conditions and other

features which have a bearing on the cost and execution of the work. This specification is

intended as a general description of quality envisaged for materials and workmanship and of

the finished work. It is not intended to cover minute details. The work shall be executed in

accordance with the best modern practice and to the complete satisfaction of the Purchaser.

Special techniques approved by the Purchaser shall be used if and where found necessary. This

specification shall have precedence if anything contrary to this is stated elsewhere in the

contract documents. The Purchaser‟s decision shall be final and binding on the contractor on

any issue arising out of such discrepancies.

b) Inspection of site by bidder:

Before submission of his bid, Bidder shall inspect the site, examine and obtain all information

required and satisfy himself regarding matters such as:

 weather characteristics,

 Location of site and access, right of way, means of communication & mode of Transport to

 The type and number of equipment and facilities required

 The quantity of various items of the work.

 The availability and rates of material.

 Labours condition.

 Local working conditions, obstructions and hindrances that may arise etc.

 Power house, which is under running conditions.

 Required GSECL‟s security checks.

 All materials brought to site only after making entries in security register at Control gate

c) These factors are likely to affect the satisfactory completion of work and or cost thereof.

The submission of a bid by the Bidder will be construed as evidence that such an

examination was made and any later claims/ disputes in regard to rates quoted shall not

be entertained or considered by the GSECL.

d) The site visit shall be done by the bidder on his own responsibility and all liabilities

including cash, arising out of the site visit shall be at the bidder‟s account.

e) Contractor‟s scope of work shall also include making all necessary arrangements for

access to work sites, stores and site offices etc. from the nearest approach road to

facilitate transportation of man power, machinery and equipment duly considering the

existing site conditions. No extra claims / costs will be entertained by GSECL.

f) The bidder shall carefully study the work to be carried out & consider all the factors &

shall take into account &consider all the factors such as lead, lift haulage of materials,

sequence of construction, etc. & shall allow for all such information / data in the rates

g) The GSECL will not pay any extra charges or rate for any reason in case the contractor

EW- 278 PUR-F-006 RFQ-

claims, after acceptance of contract to have misjudged the site condition. Ignorance of

the intents and contents of the specification document and site conditions shall not be

accepted by the Owner as basis for any claims for compensation.

h) BIDDER shall inspect the site, examine and obtain all information required and satisfy

himself regarding matters such as sub-surface conditions, water records, access to site,

communication, transport, right of way, the type and number of equipment and facilities

required for the satisfactory completion of work, the quantity of various items of the

work, the availability and rates of material, local working conditions, uncertainties of

weather, obstructions and hindrances that may arise etc. which may affect the work or

cost thereof, before submission of his bid. Ignorance of site conditions shall not be

accepted by the ENGINEER IN CHARGE as basis for any claim for compensation.

i) The rates quoted by BIDDER shall be based on his own knowledge and judgment of the

conditions and hazards involved and shall not be based on any representations of the

Engineer in Charge. No claim on this account shall be admitted by the GSECL.

j) The bidders shall submit on online in n-procure with their offer without any deviations in

general terms and conditions of the contract or in technical specifications.

k) Tenders received after the time and date specified in the tender notice will not be

accepted. Once the offer is submitted by bidder before due date of submission, the bidder

shall not be allowed to submit revised/ additional/ modified offer even before due date

and time of submission of tender. However, if the date of issue and/or submission of

tender are extended by the Corporation due to any reason, the bidder may submit if their

wishes the revised/additional/modified offer before extended due date and time of

submission.

l) The Corporation reserves the right to accept any tender irrespective of whether it is

lowest or not or to reject all the tenders without assigning any reasons thereof. Tenders

deferring from the technical specifications or the method of bidding in a radical manner

may also be rejected.

m) The bidder shall be presumed to have carefully examined the drawings, conditions &

specifications of work & to have fully acquainted themselves with all details of the site

conditions, locations, materials, geological & weather characteristics, labour conditions &

in general all the necessary information and data etc. pertaining to and need for the

n) This specification is intended as a general description of quality envisaged for materials

and workmanship and of the finished work. It is not intended to cover minute details. The

work shall be executed in accordance with the best modern practice and to the complete

satisfaction of the Purchaser. Special techniques approved by the Purchaser shall be used

if and where found necessary. This specification shall have precedence if anything

contrary to this is stated elsewhere in the contract documents. The Purchaser‟s decision

shall be final and binding on the contractor on any issue arising out of such discrepancies.

o) Each bidder shall also submit a 'Declaration' to the effect that the tenderer is an

engineering construction firm or an association of firm or firm which has successfully

carried out large works of this nature and has adequate organization and experienced

personnel to handle this type and magnitude of work. Information should also be given

regarding the constitution of the firm; it‟s authorized, subscribed & paid up capital, the

date & place of registration, the place of business, the names of the directors and other

relevant information.

p) It is the intent of the ENGINEER IN CHARGE to incorporate these specification documents

in the final „Contract‟. BIDDERS are required to review these documents and clearly state

in their proposals their acceptance of the same.

q) Each page of the bid document including the bid drawings shall be signed, stamped and

dated in ink by the BIDDER as a token of having examined the same. Any correction in

price and the rates entered in the Schedule of Price shall also be signed and dated by the

BIDDER in ink, before submitting the bid. Non-compliance with this condition will make

the bid liable for rejection.

r) All safety measures as required to be adopted as per the Statutory Regulations and the

Safety Rules of the Plant shall be strictly followed by the Contractor during the execution

EW- 278 PUR-F-006 RFQ-

of the Contract. The Contractor shall set up a suitable safety organization of his own in

this regard.

s) In connection with the execution of the Contract, the Contractor shall comply with all

applicable statutory Rules & Regulations including employment of labours at site.

t) The Contractor shall carry out any and all such works, as may be required, for civil work

to be completed in all respect as per the Contract Specification.

u) If the GSECL Engineer-in-Charge is not satisfied with the progress of work at site, he shall

direct the Contractor to depute more numbers of supervisory personnel/workers to meet

the completion schedules as per the Contract. Upon receiving such direction, Contractor

shall deploy additional personnel within 7 days without any extra cost.

v) The GSECL may during the progress of work, order the removal of part or whole of the

work executed, found not in accordance with the specifications/ instructions. No extra

claims shall be entertained for re-executing or altering of such work.

15. SAFETY MEASURES:

The contractor shall ensure the safety of workers, material and structure including

existing structures during execution of the contract. Safety measures shall be followed

during operations of equipments/machinery being used. No separate payment shall be

made for the safety measures and the quoted rates shall include the cost for all safety

16. COMPLETENESS:

Any technical services as set forth here in above and which might not have been

specifically mentioned in this Contract relating to the work or in the specifications and

which are not expressly excluded therefore but which are necessary for the performance

in accordance with the specifications as an integral part of the painting and misc. Civil

works shall be rendered by the Contractor without any extra cost.

17. TOTAL RESPONSIBILITY

The Contractor shall be solely responsible for the entire technical works / services

irrespective of works / services have been made /rendered by him.

18. PAYMENT TO THE LABOURES:

(a) Contractor has to pay the CPF as well as salary to his skilled/unskilled manpower by

cheque A/c payee only, as per minimum wages & prevailing applicable rules on or

before 7th day of next month.

(b) Contractor has to produce challan of PF with list of employees.

(c) Contractor shall have to make payment to his labours in presence of Personal Officer

(Estt.) GSECL, Gandhinagar TPS.

19. CONTRACT AGGREMENT ON ACCEPTANCE:

 The successful contractor will have to sign an agreement as per the Gujarat State

Electricity Corporation Ltd.'s rules on stamped paper and the necessary stamp duty

charges shall be borne by the contractor.

 On acceptance of the tender the name (s) of the accredited representative (s) of the

tenderer who would be responsible for taking instructions from the Engineers of the

GSECL shall be communicated to Chief Engineer (Gen.) Gandhinagar Power Station,

Gujarat State Electricity Corporation Limited.

20. Unsatisfactory progress of the work:

If the work is found not progressing as per the requirement or found not satisfactory

then GSECL will take such action to get the work done through the other agency at

agency‟s risk and cost with 15% supervision charges and same will be recovered from

21. The EMD will be returned promptly to the unsuccessful bidder except that of L1, L2 & L3

till the successful contractor pays the Security Deposit as mentioned in tender document

or after the expiry of the validity of the offer, whichever is earlier.

The EMD will be returned to the successful tenderer after he furnishes the Security

Deposit for the tender work. If he fails to furnish the SD, his EMD shall be forfeited and

the tenderer will not be allowed to participate in the tenders invited by this office for a

period of ONE Year in respective Power Station.

EW- 278 PUR-F-006 RFQ-

The EMD in form of Bank Guarantee shall be valid for Ten Months from the

date of submission of the tender.

22. Effect and validity of Bid: The submission of bid with these documents and specification

shall constitute an agreement that bidder shall have no cause of action or claim against

the GSECL for rejection of his bid. The GSECL shall always be at liberty to reject or

accept, split any bid or bids at its sole discretion and any action will not be called into

question and the bidder shall have no claim in that regards against the GSECL.

23.Stop Deal / Banned for business dealing / Blacklisting :-

 Has submitted fake, false or forged documents/certificates

 Has revised/ withdrawn price bid after opening of Techno-commercial bid, until and

unless it is sought for,

 Has tempered with the stipulated tendering procedure.

 Has refused to accept Letter of Acceptance / Purchase order / Work Order after the

same is issued by the company within the validity period and as per agreed terms and

conditions,

 Has committed breach of contract or has failed to perform a contract or has abandoned

the contract,

 Has failed to provide suitable expertise for the work as per pre-scheduled program.

 Has failed to submit all the necessary tests reports / documents within time scheduled /

as per company‟s time limit, as mentioned in the LOA, if the Letter of Acceptance (LOA)

is placed subject to submission of type reports / documents to the firm.

 Has indulged in construction and erection of defective works.

 Has supplied inferior quality / defective materials and refused to replace with stipulated

time frame, as specified by the company,

 Has substituted materials in lieu of materials supplied by the company or has not

returned or has short returned or has unauthorisely disposed of materials / documents /

drawings / tools or plants or equipment supplied by the Company,

 Has involved in malpractices such as bribery, corruption, fraud, canvassing and

pilferage,

 Has unauthorisely obtained official company information or copies of documents, in

relation to the Tender / Contract.

 Has failed to follow the stipulated mode of communication, if specified by the tendering

authority / Purchaser.

 Has parted with, leaked or provided confidential / proprietary information of the

company given to the firm only for its use (in discharge of its obligations against an

order) to any third party without prior consent of the Company,

 Any other ground for which in the opinion of the Company makes it undesirable to deal

with the Firm

 In case the state Government directs the Company to place a firm in stop dealing /

banned for business dealing / blacklisting.

24. Conflict of Interest among Bidders / Agents

A bidder shall not have conflict of interest with other bidders for particular quoted item. Such

conflict of interest can lead to anti-competitive practices to the detriment of Procuring Entity's

interests. The bidder found to have a conflict of interest shall be disqualified. A bidder may be

considered to have a conflict of interest with one or more parties in this bidding process for

particular quoted item, if:

a) They have proprietor/partner(s)/Director(s)in common; or

b) They receive or have received any direct or indirect subsidy/financial

stake from any of them; or

c) They have the same legal representative/agent for purposes of this bid; or

d) they have relationship with each other, directly or through common third parties, that

puts them in a position to have access to information about or influence on the bid of

another bidder, or

EW- 278 PUR-F-006 RFQ-

e) bidder participates in more than one bid in this bidding process. Participation by a

bidder in more than one Bid will result in the disqualification of all bids in which the

parties are involved. However, this does not limit the inclusion of the components/

sub-assembly/ assemblies from one bidding manufacturer in more than one bid.

f) In cases of agents quoting in offshore procurements, on behalf of their principal

manufacturers, one agent cannot represent two manufacturers or quote on their

behalf in a particular tender enquiry. One manufacturer can also authorise only one

agent/ dealer. There can be only one bid from the following:

1. The principal manufacturer directly or through one Indian agent on his behalf; and

2. Indian/foreign agent on behalf of onIy one principal.

g) A Bidder or any of its affiliates participated as a consultant in the preparation of the

design or technical specifications of the contract that is the subject of the Bid;

h) in case of a holding company having more than one independently manufacturing

units, or more than one unit having common business ownership/ management, only

one unit should quote. Similar restrictions would apply to closely related sister

companies. Bidders must proactively declare such sister/common business/

management units in same/ similar line of business.

i) Bidder shall not act in contravention/violation to the provisions of competition act, as

amended from time to time.

Every bidder should, at the time of submission of bid, give a declaration, that bidder shall

not have conflict of interest with other bidders for particular quoted item, as above.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

GSECL: GTPS

SIGNATURE OF CONTRACTOR

SECTION-C:

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 GENERAL CONDITIONS OF CONTRACT

EW- 278 PUR-F-006 RFQ-

GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS :

(a) The Contract means the documents forming the tender and acceptance thereof,

together with the documents referred to therein or individual work order in the case of

term contract, including these conditions, schedules and/or additional conditions

attached to the form of tender or individual works, order, rate schedule, the

specifications and the drawings and all these documents, as applicable, taken together

shall be deemed to form the contract.

(b) The “Tender Document” means the form of tender, the applicable schedules and/or

additional conditions and the specifications and/or drawing as issued to the contractors

for the purpose of preparing tender.

(c) The expression “Works” or “Work” when used in the condition of contract shall, unless

there be something in the subject or context repugnant to such construction means,

the works or the work contracted to be executed under or in virtue of the contract

whether original or altered.

(d) The “Contractor” means the individual or firm or Corporation, whether incorporated or

not, undertaking the words and shall include his or its legal personal representatives,

successors and permitted assignees.

(e) “Corporation” means The Gujarat State Electricity Corporation Ltd. and the “Accepting

Officer” means the Officer who is authorized to sign and signs the contract on behalf of

the “Corporation”.

(f) The letter “EE” means Executive Engineer who in the case of measurement and lump

sum contract, direct the contract and the letters “SE” means Superintending Engineer

and “GM” means General Manager who administers and in the case of the term

contracts, directs the contract.

(g) The “Engineer-in-charge” means all officers of the Corporation appointed by the

General Manager to supervise the works or part of the works.

(h) “Approved” and “Directed” means the approval or direction of the Chief Engineer

(Gen), Gandhinagar TPS to Superintending Engineer or the person deputed by him for

the particular purpose.

(i) “BS.” means “British Standards” as issued by the British Standards Institution. “A.S.”

means the “American Standards” as issued by the American Standards Institution, and

“I.S.” means the “Indian Standards” as issued by the Indian Standards Institution.

Wherever the above-mentioned abbreviations are referred to, in the specifications

and/or work orders, they mean the addition with all amendments current at the date

of issue of tender document of work orders.

(j) In the case of measurement and terms of contract “Specifications” mean those

contained in Gujarat State Electricity Corporation Ltd. scheduled together with any

amendments etc. embodied in the tender documents. “Drawing” refers to those

incorporating the tender documents and/or any work orders referred therein.

(k) The “Contract Sum” means the sum accepted or the sum calculated in accordance

with the prices accepted in the tender and/or the contract rate as payable to the

contractor for the full and entire executing and completion of works.

(l) “The date for completion” is the date or dates of completion of the work or any part of

the works set out or ascertained in accordance with the individual work orders and the

tender documents or any subsequent agreed amendments thereto.

2. CONTRACTOR TO INFORM HIMSELF FULLY:

A. Notwithstanding anything contained to the contrary in the specifications or tenders in

subsequent exchange of correspondence, the conditions of contract shall be binding on

the Contractor and any change or variation expressed or implied, however made in the

said conditions, shall not be valid or operative unless expressly sanctioned by the

Corporation. The Contractor shall be deemed to have fully informed himself and to

EW- 278 PUR-F-006 RFQ-

have special knowledge of the provisions of the conditions of the Contract herein

contained.

B. The contractor shall be deemed to have carefully examined the work and site

conditions, the general conditions, the special conditions, specifications, schedules

and drawing and shall be deemed to have visited the site of the works and to

have fully informed himself regarding the local conditions.

C. If there shall have any doubt as to the meaning of any portion of these general

conditions or special conditions of the scope of work of the specifications or any other

matter concerning the contract, he shall in good time before submitting his tender,

send for the particulars thereof and submit them to the Engineer-in-charge in

writing in order that such doubt may be removed.

3. CONTRACT DRAWING AND SPECIFICATIONS:

 The contractor will be entitled to receive one set of agreement along with one certified

copy of accepted tender.

 The drawings which form part of these specifications show the work to be done in as

much detail as is possible at the present stage. They will be supplemented by such

additional detailed drawings as may be necessary as the work progresses. The

contractor shall perform the work on these features and in accordance with these

additional or revised drawings as the case may be and at the applicable rates as per

the contract.

 The contractor shall check all drawings carefully and shall bring to the notice to the

Engineer-in-charge immediately of any errors or omissions discovered. The contractor

shall not take advantages of errors or omissions of any kind in the drawings supplied.

4. INPUTS BY GSECL:

The electric power supply and connection for construction / work purpose shall be given

at one mutually agreed point at work site free of cost by the GSECL. Further extension

for construction site as well as bore well site for using construction water will have to

be carried out by the contractor as per requirement at their cost. The necessary

electric charges will be paid by the contractor as per rates prevailing from time to time

in the respective DISCOM.

1. If there are any surplus quarters available after meeting the requirement of GSECL's

staff, then GSECL will consider allotment of quarters on rent as per GSECL's rule.

2. The contractor will have to make their own arrangement of water for

construction work as well as for their labourers at his own cost. If possible, water

for construction purpose only at one point as decided by EIC and recovery for

water charges shall be affected at the 2 % of the item of which water is used or

by quantity measured by meter reading of water meter installed by contractor,

rate of water supply will be charged at prevailing purchase rates of GSECL, for

water supplied by GSECL is used as certified by EIC. In case of agency is

installing bore well and pumps at his cost, after completion of work agency will

hand over the bore well in good condition with pumps to the GSECL.

5. DATA TO BE FURNISHED BY CONTRACTOR:

 The contractor shall submit to the Executive Engineer for approval within one week of

the date of contract, a layout plan of construction plant and equipment for the

execution of work which the contractor proposes to adopt at site.

 Prior to commencement of work, the contractor shall submit to the Executive

Engineer for approval, plans in triplicate showing the location of Major plant shop

and storage buildings, storage yards, offices, contractor's power house including its

services and housing facilities which he proposes to put up at site and also indicate the

programme of the work.

 The successful bidder on receipt of letter of intent will submit within a week's time his

planning/programme of works for scrutiny of GSECL in a PERT/Bar chart format, clearly

indicating GSECL inputs also.

 Contractor will plan his works such that on all the fronts released by GSECL,

simultaneous work should progress in such a way that entire job is completed in

scheduled time limit.

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 No change in the approved layout shall be carried out without specific written approval

of the Executive Engineer.

6. ERRORS, OMISSIONS AND DISCREPANCIES:

In all cases of errors, omissions, doubts or discrepancies in the dimensions, or

discrepancies in the drawings and items of work in specification, reference shall be

made to the Executive Engineer whose elucidation and elaboration shall be

considered as authoritative. The contractor shall be held responsible for any error

that may occur in the work thorough lack of such reference and precautions.

7. SECURITY DEPOSIT:

SECURITY DEPOSIT: In tender process for L1 bidder (lowest bidder)

security deposit will be charged as per table below:

Category of the Security Deposit

Unit Works up to Rs. 5 Works More than Rs.

Lakh Lakh

Enterprise or Exempted 3% of Order End Cost

Organization which

are exempted from

paying Tender Fee

For all other 5% of Order End 5% of Order End Cost

Enterprises Cost

is not willing to pay SD in advance, either EMD may be converted to SD or SD may be

deducted from 1st or subsequent invoices/RA bills with consent from the bidder. However,

PO/LOA should be placed before commencement of work, except in some emergency

cases where special approval must be obtained from the Executive Director (Gen.) at

Corporate Office.

After issue of Work order and Date of commencement, if successful bidder failed to start

the work then, RPAD notice will be issued to the successful bidder mentioning that on

failing to start the work within next 07 days from the date of issue of RPAD Notice the

EMD will be forfeited and he will not be allowed to participate in the tenders invited from

Gandhinagar TPS office for the period of One year.

The security deposit of the contract value shall be released on finalization of final bill /

successful completion of the work.

All damages, costs, charges, expenses and other sums which may be or may become

due or payable by the contractor to the Corporation under the terms of the contract,

may be deducted from the cash in the proceeds of sale of the securities/bank

guarantee so deposited (which the officer or person to whom the same may be

endorsed as aforesaid is hereby authorized to sell/to encase for that purpose) or from

the interest of any such securities or from any sums due or which may become due

to the contractor by the Corporation or from the whole or the balance unpaid as

aforesaid of the encase securities so deposited being repaid or transferred and

returned as the case may be, to the contractor on finalization of final bill OR after

(six) months of successful completion of the work, whichever later OR on furnishing

of the Performance Bond amounting to 5% of contract value against the defect

liability period as mentioned in this document elsewhere.

If entire security deposit is paid in approved form of Bank Guarantee should be

remain valid during the contractual period and such bank Guarantee should not be

reduced on the basis of the work actually done.

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8. USE OF LAND:

The land required for office, godowns and for labour camp if not available with

GSECL, then the contractor has to arrange the same at his cost. GSECL will give the

land only if the spare land is available with the following conditions.

The contractor shall be permitted to use for the bonafide purpose of execution of this

contract free of cost. The contractor shall be permitted to use for the bonafide

purpose of execution of this contract free of cost.

1. Site required for the construction of the work.

2. Required approach road. The contractor shall make their own arrangements for the

necessary approach, road, for transport of their materials and be responsible for

the compensation on account of damage to crop etc. and shall till completion of

3. He will be charged the rent at the annual rate of rupees one hundred per every

acre or part thereof, for the construction of temporary hutments and his store

yard. However area required for such purpose may be clearly indicated in this

All areas of operation, including those for his staff and labour colonies handed over

to the contractor shall be cleared and handed over back in good condition to the

Engineer except areas under works as per this contract or those for which specific

approval has been obtained from the Engineer. The contractor shall make good to

the satisfaction of the Engineer any damage or alternation made to areas which he

has to hand over back or to other property land handed over to him for purpose

of this work.

Temporary structures may be erected by the contractor for storage sheds, offices,

residence etc. for noncommercial use on the land, handed over to him at his own

expense and with the permission of the Engineer. These structures shall comply

with the regulation that may be in force and/or specified by the Engineer with

regard, thereto. In any circumstances for constructing temporary structures for

contractor's use, GSECL's free supply materials shall not be used. If it is found that

GSECL's free supply materials are used for other than approved project drawings

work, same will be recovered at

penalized rate.

The contractor shall preserve all existing vegetation such as trees on or adjacent to

the sites which do not interfere with the construction as determined by the

The contractors shall take all possible precautions in felling trees authorized for

removal to avoid any unnecessary damage to vegetation and trees not to be felled

and to structures under construction, or to workmen, and shall be responsible for

any damage if it occurs in such operations

 All produce from cutting of trees; grass etc. shall be the property of GSECL and

shall be stocked at the place specified by the Engineer. No claim shall be made for

such cutting and stacking of trees or grass etc. by the contractor

 The contractors shall not unnecessarily or for use as fuel, cut any trees brush

wood, grass or other vegetation nor shall set fire there to without the written

permission of the Engineer. When such permission is given, the contractor shall

take necessary measures to prevent damage or to prevent fire spreading to

surrounding property, and shall be responsible for any such damage, if cause.

 The land shall as herein before mentioned be handed back to Engineer in Charge

immediately after the completion of the work under this contract. Also no land

shall be held by the contractor longer than the Engineer shall deem necessary and

the contractor shall, on due notice by the Engineer, vacate and return the land

which the Engineer may certify as no longer required by the contractor for purpose

of the work.

9. START OF WORK:

The contractor shall not enter upon or commence any portion of work except with

the written authority or instructions of the Executive Engineer or his subordinate in

charge of the work, failing such the contractor shall have no claim to ask for

measurement or payment for work and shall be responsible for any claims or

damages that may arise due to such unauthorized commencement or entry.

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10. COMPENSATION FOR THE DELAY:

The time allowed for carrying out the work as entered in the tender shall be strictly

observed by the contractor and shall be reckoned from the date on which the order

to commence work is given to the contractor. The work shall throughout the

stipulated period of contract be proceeded with all due diligence (time being deemed

to be the essence of contract) and for delay, the contractor shall pay compensation,

an amount equal to ½ (half) percent per one week for the contract amount or part

thereof, including taxes & duties ( i.e. End cost of contract amount including taxes &

duties) and maximum up to 10 % of the order value, including taxes & duties ( i.e.

End cost of contract amount including taxes & duties) or such smaller amount as per

the decision of the Competent Authority of the GSECL The penalty will be invariably

deducted from the bills of the contractor and no refund will be given unless the

competent authority approves the reduction. The reasons for delay, attributable to

GSECL as well as to party will be brought out clearly while putting the proposal for

waiver/reduction in penalty.

11. ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

In any case in which under any clause or clauses of this contract the contractor shall

have tendered himself to pay compensation amounting to the whole of his security

deposit (whether paid one sum) or in the case of abandonment for the work owing to

serious illness or death of the contractor or any other cause, the Executive Engineer

on behalf of the Corporation, shall have powers to adopt (a) below and any of the

following courses under (b) and (c) as he may deem best suited to the interest of the

Corporation.

(a) To rescind the contract (for which rescission notice of 10 days) in writing to the

contractor under the hand of the Executive Engineer shall be conclusive evidence and

in that case the security deposit of the contractor shall stand forfeited and absolutely

at the disposal of the Corporation. To employ labour paid by the Corporation, to

supply materials, to carry out the works or any part of the work debiting the

contractor with the cost of the labour and the price of the materials (as to the

correctness of which cost and price, the certificate of the Executive Engineer shall be

final and conclusive against the contractor) and crediting him with value of the work

done in all respects in the same manner and at the same rates as if it had been

carried out by the Contractor under the terms of this contract and in that case the

certificate of the Executive Engineer as to the value of the work shall be final and

conclusive against the contractor.

(b) To order that the work of the contractor be measured up and to take such part

thereof, as shall be unexecuted, out of his hands and to give it to another contractor

to complete, in which case, any expenses, which may be incurred in excess of the

sum, which would have been paid to the original contractor, if the whole work would

have been executed by him (as to the amount of which excess expenses, the

certificate in writing of the Engineer-in-charge shall be final, conclusive and shall be

borne and shall be paid by the original contractors and shall be deducted from any

money due to him by the Corporation under the contract or otherwise from his

security deposit of his proceeds sale thereof or a sufficient part thereof.

(c) In the event of the above courses being adopted by the Executive Engineer, the

contractor shall have no claim to compensation for any loss sustained by him by

reason of his having purchased or procured any materials or entered into any

engagements or made any advances on account of or with a view to the execution of

the work or the performance of the contract. And in case the contract shall be

rescinded under the provision aforesaid, the contractor shall not be entitled to

recovery or be paid any sum for any works thereof actually performed by him under

this contract unless and until the Executive Engineer shall have certified in writing the

performance of such work and the amount payable to him in respect thereof and he

only be entitled to be paid the amount so certified.

12. NOTICE UNDER UNSATISFACTORY PROGRESS:

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If the progress of a particular portion of the work is unsatisfactory, and also if as per

the opinion/observation of the Executive Engineer (whose decision shall be final) in

charge that the general progress of work is not satisfactory, then Executive Engineer

in charge shall be entitled to take action under clause 11 (c) after giving the

contractor ten days‟ notice in writing and the contractor will have no claim for

compensation for any loss sustained by him owing to such action.

13. ACTION IN THE CASE OF DEFAULT BY THE CONTRACTOR :

In any case in which any of the powers conferred upon the Executive Engineer by

Clauses 11 and 12 hereof shall have exercisable and the same shall not have been

exercised, the non-exercised thereof shall not constitute a waiver of any of the

conditions hereof and such powers shall not withstanding be exercisable in any

further case of default by the contractor of which, by any clauses hereof, he is

declared liable to pay compensation amounting to the whole of his security deposit

and liability of the contractor for past and future compensation shall remain

unaffected in the event of the Executive Engineer taking action under sub-clause (a)

or (c) of Clause 11, he may if he so desires, take possession of all or any tools,

plants, materials, and stores in so upon the work or the site thereof belonging to the

contractor, or procured by him and intended to be used for the execution of the work

of any part thereof paying for allowing for the same in account at the contract rates,

or in the case of a contract rates not being applicable of current market rates to be

certified by the Executive Engineer whose certificate thereof shall be final. In the

alternative, the Executive Engineer may by notice in writing to contractor or his clerk

of works, foreman or other authorized agent, require him to remove such tools,

plant, materials or stores from the premises within a time to be specified in such

requisition, the decision to the contractor failing to comply with any such requisition,

the decision of the Executive Engineer as to the expense of any such removal and the

amount of the proceed and expense of any such sale, be final and conclusive against

the contractor

14. EXTENSION OF TIME LIMIT

If the contractor shall desire an extension of the time limit for completion of the work

on the ground of his having been unavoidably hindered in its execution or on any

other ground, he shall apply in writing to the Executive Engineer and the Executive

Engineer may, if in his opinion there are reasonable grounds for granting extension,

recommend such extension as he may think necessary or proper. The decision of the

competent authority in this regard shall be final, and binding to the contractor. Any

delay attributed to Corporation, shall be thus compensated only by way of extending

the limit.

15. COMPLETION CERTIFICATE

On completion of the work, the Contractor shall be furnished with Completion

Certificate by the Executive Engineer. No such certificate shall be given nor shall be

the work considered to be completed until works are taken over and/or duly tested

and put to operation as the case may be, nor until the work shall have been

measured by the Engineer-in-Charge or where the measurement have been taken by

his subordinates until they have received the approval of the Executive Engineer the

said measurement being binding and conclusive against the contractor.

16. EFFECT OF THE CERTIFICATE :

No payment shall be made for any work estimated to cost less than Rs.1,000 till after

the whole of said work shall have been completed and a certificate of completion

given. But in the case of works estimated to cost more than Rs.1,000, contractor

shall on submitting a monthly bill thereof, be entitled to receive payments.

Proportionate to the part of the work then approved and passed by the Engineer-in-

Charge, whose certificate of such approval and a passing of the sum so payable shall

be final and conclusive against the contract. All such intermediate payment shall be

regarded as payment by way of advance against the final payment only and not as

payments for work actually done or completed and shall not preclude the Engineer-

EW- 278 PUR-F-006 RFQ-

in-charge from requiring bad, unsound, imperfect or unskillful work to be removed

and taken away and reconstructed or re-erected nor shall any such payment be

considered as admission of the due performance of the contract or any part thereof

in any respect of the occurring of the claim nor shall conclude, determine or effect in

any way the powers of the Engineer-in-Charge as to the final settlement and

adjustment of the accounts otherwise or in any other way, vary or affect the

contract. The final bill shall be submitted by the contractor within one month of the

date fixed for completion of work; otherwise the certificate of the Engineer-in-charge

of the measurement and of total amount payable for the work shall be final and

of the measurement and of total amount payable for the work shall be final and

binding on all parties.

17. PAYMENT TO CONTRACTORS :

The rates for several items of works estimated to cost more than Rs.1, 000 agreed to

within shall be valid only when the item concerned is accepted, having been

completed full, in accordance with the sanctioned specification. In case, where the

items of the work, are not accepted, as so completed, the Engineer-in-charge, may

make payment on account of such items at such reduced rates, as he may consider

reasonable in the preparation of final or running accounts bills and it will be binding

to the contractor.

18. BILLS :

The Bill Shall be submitted by the contactor each month on or before the date fixed

by the Engineer-in-charge, for all works, executed in the previous month and the

Engineer-in-charge shall take or cause to be taken the requisite measurement for the

purpose or having the same verified and the claim so far as it is admissible, shall be

adjusted, if possible, within Fifteen days from the presentation of the bills. If the

contractor does not submit the bill, within the time fixed, as aforesaid, the Engineer-

in-charge may depute a subordinate to measure up the said work in the presence of

the contractor or his duly authorized agent, whose counter signature in the

measurement shall be sufficient warrant and the Engineer-in-charge may prepare a

bill from such list which shall be binding on the contractor in all respects. In case if

contractor/ representative does not remain present on specified date for taking

measurement than EIC may take the measurement one sided and the same shall be

binding to the contractor irrespective whether he has signed or not.

19. SUPPLY OF MATERIALS TO CONTRACTOR [APPLICABLE ONLY WHERE

MATERIAL IS TO BE SUPPLIED BY CORPORATION AS MENTIONED IN

SCHEDULE A ]

If the specification of the estimated work provides for use of any special description

of material to be supplied from the Corporation‟s stores or if it is required that the

contractor shall use certain stores to be provided by the Engineer-in-charge, (such

material and stores and the prices to be charged thereof as hereinafter mentioned

being so far as practicable for the convenience of contractor but not so as in any way

to control, the meaning or effect of this contract specified in the schedule or

memorandum hereto annexed). The contractors shall be supplied with such materials

and stores as may be required from time to time be used by him for the purpose of

the contract only and the value of the full quantity of materials and stores so supplied

shall be set off or deducted from any sum due or thereafter to become due to the

contractor, under the contract or otherwise or from the security deposit or the

proceeds of sale thereof if the deposit is held in government securities the same or a

sufficient portion thereof, shall be sold for the purpose. All materials supplied to the

contractor shall remain the absolute property of the Corporation and shall on account

be removed from the site of work and shall at all times be open to inspection by the

Engineer-in-charge. Any such materials unused and in perfectly good condition at

time of completion or determination of the contract shall be returned to the

Corporation‟s store if the Engineer-in-charge so requires by notice in writing given

under his hand but the contractor shall not be entitled to return any such materials

except with such consent and he shall have no claim for compensation on account of

EW- 278 PUR-F-006 RFQ-

any such materials supplied to him as aforesaid but remaining unused by him or for

any wastage in or damaged thereto. The contractor shall be responsible for the loss,

destruction or deterioration of the materials, stores or articles supplied to him by the

Corporation even if such loss, destruction or deterioration has occurred under any

circumstances whatsoever beyond his control as if the materials, stores or articles so

supplied were his property.

20. WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS,

DRAWING, ORDERS ETC.

The contractor shall execute the whole and every part of work in the most substantial

and workman like manner and both as regarding materials and in every other respect

in strict accordance with the specification. The contractor shall also confirm exactly,

fully and faithfully to the designs, drawings and instructions in writing relating to the

work signed by the Engineer-in-charge and lodged in his office and to which the

contractor shall be entitled to have access for the purpose of inspection at such

office, or on the site of the work during office hours and the contractor shall, if he so

requires, be entitled at his own expense to make or cause to be made copies of the

specification and of all such designs, drawings and instructions as aforesaid.

21. ALTERATIONS IN SPECIFICATIONS AND DESIGNS NOT TO INVALIDATE

The Executive Engineer shall have powers to make any alterations, or additions to

the original specification, 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-in-charge and such

alterations shall not invalidate the contract. 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 same conditions in all respect on which he agreed to

do the main works and at the same rates as are specified in the tender for the main

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

the specifications recommended by the contractor and accepted by the competent

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

drawings and specifications appended to the tender.

22. RATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE OF RATE OF

THE CORPORATION

If the additional and 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 at the rates

entered in the Schedule of Rates of the Corporation or at the rate mutually agreed

upon between the Executive Engineer and the Contractor, whichever are lower. 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 rates agreed upon then the contractor

within seven days of date of receipt by him of the order to carry out the work should

inform the Executive Engineer for the rate which it is his intention to charge for such

class of work and if the Executive Engineer does not agree to this rate, he shall be

noticed 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 advisable provided always

that if the rates shall have been determined as lastly herein before mentioned then in

such case 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 Executive Engineer

in the event of disputes, the decision of the General Manager of the Corporation will

23. EXTENSION OF TIME LIMIT IN CONSEQUENCE OF ADDITION OR

ALTERATION

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

cost occasioned by alterations or additions bears to the cost of the original contract

work and the certificate of the Engineer-in-charge as to such proportions shall be

conclusive.

24. NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK TO

BE CARRIED OUT

If at any time, after the execution of the contract documents, the Engineer-in-charge

shall, for any reason whatsoever, requires the whole or any part of the work, as

specified in the tender, to be stopped for any period or shall not require the whole or

part of the work to be carried out at all or to be carried out by the contractor, he

shall give notice in writing of the fact to the contractor who shall thereupon suspend

or stop the work totally or partially as the case may be in any such case, except as

provided here under. The contractor shall have no claim to any payment or

compensation whatsoever on account of any loss in profit or advantage which he

might have derived from the execution, of the work in full but which he did not so

derive in consequence of the full amount of work not having been carried out or on

account of any loss that he may be put to on account of materials purchased or

agree to be purchased or for unemployment of labour recruited by him. He shall not

also have any claim for compensation by reason of any alterations having been made

in the original specification, drawings, designs and instructions which may involve any

curtailment of the work as originally contemplated. Where, however, materials have

already been purchased or agreed to be purchased by the contractor before receipt

by him of said notice, the Executive Engineer provided they are not in excess or

requirement and are of approved quality and/or shall be compensated for the loss, if

any, that he may put to in respect of materials agreed to be purchased by him. The

amount of such compensation to be determined by the Executive Engineer, whose

decision shall be final. If the contractor suffers any loss on account of his having to

pay, his labour charges during the period, during which the stoppage of work has

been ordered under this clause the contractor shall on application be entitled to such

compensation on account of labour charges as the Executive Engineer whose

decision shall be final, may consider reasonable provided that the contractor shall not

be entitled to any compensation on account of labour charges if, in the opinion of the

Executive Engineer, the labour could have been employed by the contractor

elsewhere for the whole or part of the period during which the stoppage of the work

has been ordered as aforesaid.

25. NO CLAIM FOR COMPENSATION ON ACCOUNT OF LOSS DUE TO DELAY IN

SUPPLY OF MATERIALS BY CORPORATION

The contractor shall not be entitled to claim any compensation from Corporation for

the loss suffered by him on account of delay by Corporation in the supply of materials

entered in Schedule A where such delay is caused by:

 Difficulties relating to supply of railway wagons.

 Force Majeure

 Act of God

Any other reasonable cause beyond the control of Corporation, including shortage of

materials to be supplied by the Corporation and difficulties in time by reaching at the

site of any materials equipment.

In the case of such delay in the supply of materials, Corporation shall grant such

extension of time for the completion of the works as shall appear to the Executive

Engineer to be reasonable in accordance with the circumstances of the case. The

decision of the Executive Engineer as to the extension of time shall be accepted as

final by the contractor.

26. TIME LIMIT FOR COMPENSATION CLAIMS

Under no circumstances, whatsoever, shall the contractor be entitled to any

compensation from Corporation on any account unless the contractor has claimed in

writing to the Executive Engineer within one month of the cause thereof.

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27. ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK

If at any time, before the security deposit is refunded to the contractor, it shall

appear to the Executive Engineer or his subordinate in charge of the work that any

work has been executed with unsound, imperfect or unskillful workmanship or with

materials of inferior quality or that any materials or articles provided by him for the

execution of the work are unsound or of inferior quality to that contract for or are

otherwise not in accordance with the contract, it shall be lawful for Engineer-in-

charge to intimate this fact in writing to the contractor and then notwithstanding the

fact that the work, materials, or articles complained of, may have been inadvertently

passed, certified and paid for, the contractor shall be bound forthwith to rectify or

remove and reconstruct the work so specified in whole or any part, as the case may

require or if so required shall remove the materials or articles so specified and

provided other suitable materials or articles at his own charge and cost, and in the

event of his failing to do so within a period to be specified by the Engineer-in-charge

in the written intimation aforesaid the contractor shall be liable to pay compensation

at the rate of one percent on the amount of the estimate for every day not

exceeding ten days during which the failure so continues and in the event of any

such failure as aforesaid, the Engineer-in-charge may rectify or remove or re-execute

the work or remove and replace the materials or articles complained of, as the case

may be, at the risk and expense in all respects of contractor should the Engineer-in-

charge consider that any such inferior work or materials as described above may be

accepted, or made use of, it shall be within his discretion to accept the same as such

reduced rates as he may fix thereof.

Provided that in the case of any work of which visible check is not possible if the

Engineer-in-charge or his subordinate in charge of the work feels that such work has

been executed with unsound, imperfect or unskillful workmanship or with materials of

inferior quality, he shall take sample tests at random, cost of which shall have to be

borne by the contractor and if after taking such test part of such work is found to be

defective in any respect or to have been executed with materials of inferior quality

then the contractor shall pay for the whole work such amount as may be fixed by the

office of the Engineer-in-charge on the basis of the lowest quality of work found by

him in such sample tests.

28. WORK TO BE OPENED TO INSPECTION, CONTRACTOR OR RESPONSIBLE

AGENT TO BE PRESENT.

All works under execution or in pursuance of the contract shall at all times be open to

the inspection and supervision of the Executive Engineer and his subordinate and

contractor shall at all times, during the usual working hours and at all other times at

which reasonable

notice of the intention of the Executive Engineer or his subordinate to visit the works

shall have been given to the contractor, during which period either he should be

present to receive order and instruction, or have a responsible agent duly authorized

agent shall be considered to have the same force and effect as if they had been

given to the contractor himself.

29. NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP

The contractor shall give not less than five days‟ notice in writing to the Executive

Engineer or his subordinate in charge of the work, before covering up or otherwise

placing beyond the reach of measurement of any work, in order that the same may

be measured and correct dimensions thereof, taken before the same is so covered up

or placed beyond the reach of measurement and shall not be covered up or placed

beyond the reach of measurement and work without the consent in writing of

Executive Engineer or his Subordinate in charge of work. If any work shall be covered

up or placed beyond the reach without such notice having been given or consent

obtained, the same shall be uncovered at the contractor‟s expense and in default

EW- 278 PUR-F-006 RFQ-

thereof no payment or allowance shall be made for such work or for the materials

with which the same was executed.

30. CONTRACTOR’S LIABILITIES

The contractor shall supply, at his own cost, all materials (except such special

materials, if any as may be supplied from the Corporation stored in accordance with

the contract). Plant, tools, appliances, implements, ladders, cordage, tackle,

scaffolding and any temporary works which may be required for the proper execution

of the work, in the original, altered or substituted form and whether included in the

specification and other document forming part of the contract or referred to in these

conditions or not and which may be necessary for the purpose of satisfying and

complying with the requirements of the Engineer-in-charge as to any matter on

which under these conditions, he is entitled to be satisfied or which he is entitled to

require together with carriage thereof to and from the work. The contractor shall also

supply without any charge the requisite number of persons of setting out works and

counting, weighting and assisting in the measurement of examination at the time and

from time to time of the work or materials, failing this the same may be provided by

the Engineer-in-charge at the expenses of the contractor and the expenses may be

deducted from any money due to the contractor under the contract or from his

security deposit or the proceeds of sale thereof or of a sufficient portion thereof, the

contractor shall provide all necessary fencing and light required to protect the public

from accident and shall also be bound to bear expenses of defense of every suit,

action or other legal proceedings of law that may be brought by any person for injury

sustained. Owing to neglecting of the above precautions and to pay any damage and

cost which may be awarded in such suit, action or proceedings to any such person or

which may with the consent of the contractor be paid in comprising any claim by any

such person.

31. CONTRACTOR LIABLE FOR ALL DAMAGE

Compensation for all damage done intentionally or unintentionally by contractor‟s

laborer, whether in or beyond the limit of Corporation‟s property, shall be estimated by

the Executive Engineer or such other office as he may appoint and the estimates of the

Executive Engineer, subject to the decision of the Superintending Engineer, on appeal,

shall be final and the contractor shall be bound to pay the amount of the assessed

compensation demand, failing which, the same will be recovered from the contractor

as damages or deducted by the Engineer-in-charge from any sums that may be due to

or become due from Corporation to the contractor under this contract or otherwise.

The contactor shall bear the expenses of defending any action or other legal

proceeding that may be brought by any person for injury sustained by him owing to

negligence of precautions for prevent the spread of fire and he shall also pay any

damage and cost that may be awarded by the court, if in consequence

32. RESCISSION OF CONTRACT AND FORFEITURE OF DEPOSIT

The contractor shall not assign or sublet, without the written approval of the Engineer-

in-charge and if the contractor assign, or sublet his contract, or attempt to do so or

become insolvent or commence any proceedings to be adjudicated as insolvent or

make any composition with creditors, attempt to do so, the Engineer-in-charge may,

by notice in writing rescind the contract. Also, if any bribe, gratuity, gift, loan,

perquisite, reward or advantage pecuniary or otherwise shall either directly or

indirectly be given, promised or offered by the contractor or any of his servants, or

agents, or any person to the employee of the Corporation in any way relating to his

office or indirectly interested in the contract, the Executive Engineer may, by ten days‟

notice in writing, rescind the contract. In the event of a contract being rescinded the

security deposit of the contractor shall there upon stand forfeited and be absolutely at

the disposal of the Corporation and the same consequences shall ensure as if the

contract has been rescinded under Clause 11 thereof and in addition the contractor

shall not be entitled to recover or be paid for any work thereof actually performed

under the contract.

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33. COMPENSATION

All sums payable by a contractor by way of compensation under any of these

conditions shall be considered as a reasonable compensation to be applied to the use

of Corporation without reference to the actual loss or damage sustained and whether

any damage has not been sustained.

34. CHANGE IN THE CONSTITUTION OF FIRM TO BE NOTIFIED

In case of tender by partners of a Firm, any change in constitution of firm shall be

forthwith notified by the contractor to the Executive Engineer for his information.

35. WORKS UNDER DIRECTION OF SUPERINTENDING ENGINEER

All works to be executed under the contract shall be executed under the direction and

subject to the approval of Superintending Engineer /Engineer-in-charge for the time

being who shall be entitled to direct at what point or points and in what manner they

are to be commenced and from time to time to be carried on.

36. DECISION OF SUPERINTENDING ENGINEER TO BE FINAL

Except where otherwise specified in contract and subject to the power delegated to

him by Corporation under the Corporation‟s rules, then in force, the decision of the

Superintending Engineer/EIC for the time being shall be final, conclusive and binding

on all the specifications, designs, drawings and instructions herein before mentioned

and as to the quality of workmanship or material used on or as to any other question,

claim, right matter or thing whatsoever in any way arising out of or relating to the

contract, designs, drawings, specifications, estimates, instructions, orders or these

conditions or otherwise concerning, the works or the execution or failure to execute

the same, whether arising during the progress of the work or after the completion or

abandonment thereof.

37. Dispute Resolution Mechanism: For works contracts and composite Contracts,

the arbitration mechanism shall be governed by the Gujarat Public Works Contracts

Disputes Arbitration Tribunal Act, 1992 as per below details.

sub clause 37(1) Amicable Settlement : Any dispute, difference, controversy or

claim between the Parties arising out of or relating to this contract with reference to

the construction, interpretation, breach, termination or validity thereof (hereinafter

referred as "the Dispute") shall, upon the written request of either Party be referred

to the authorized representatives of the Disputing Parties for resolution. The

authorized representatives shall promptly meet and attempt to negotiate in good

faith a resolution of the Dispute within thirty days of the service of the request.

sub clause 37(2) Arbitration : If the Parties fail to amicably resolve the disputes

or differences or contrary claims as indicated herewith in sub clause (1) of Clause

arising under or in connection with the present works contracts, whether pertaining

to works contracts alone or works and procurement both, the same shall be referred

to arbitration under the Gujarat Public Works Contracts Disputes Arbitration Tribunal

38. STORES TO BE OBTAINED FROM CORPORATION [APPLICABLE ONLY

WHERE MATERIAL IS TO BE SUPPLIED BY CORPORATION AS MENTIONED

IN SCHEDULE A]

The contractor shall obtain from the Corporation stores, such articles as are

mentioned in schedule “A” which may be required for the work or any part of the

work or in making up any articles required therefore or in connection therewith,

unless he has obtained permission in writing from the Executive Engineer or obtained

such stores and articles from elsewhere. The value of such stores and articles as may

be supplied to the contractor by the Engineer-in-charge will be debited to the

contractor in his account at the rate shown in the schedule “A” attached to the

contract and if they are not entered in said Schedule, they shall be debited to him at

cost price which for the purpose of this contract shall include cost of carriage and all

other expenses whatsoever which may have to be incurred in obtaining delivery of

the same at the stores aforesaid and further overhead charges 15%.

EW- 278 PUR-F-006 RFQ-

The Contractor shall be responsible for the loss, destruction or deterioration of the

materials, stores or articles supplied to him by the Corporation, even if such loss,

destruction or deterioration has occurred under any circumstances whatsoever

beyond his control as if the materials, stores or articles so supplied were his property.

The contractor shall be responsible for returning the residual materials after

completion of the contract and it fails to return, the balance materials supplied to him

by the Corporation, the cost of the residual materials will be recovered from the

contractor at the market rate or stock issue rate whichever be higher at the time of

materials account plus 15%.

39. LUMP SUMS IN ESTIMATE

When the estimate on which tender is made, includes lump sums in respect of parts

of the works the contractor shall be entitled to payment in respect of the items of

works involved or the part of the work in question at the same rates as are payable

under this contract or such items or if the part of work in question is not in the

opinion of the Engineer-in-charge capable of measurement the Engineer-in-charge

may at his discretion pay the lump sum amount entered in the estimate and the

certificate in writing of the Engineer shall be final and conclusive against the

contractor with regard to any sum or sums payable to him under the provision of this

40. LUMP SUM TENDERS

Whenever lump sum tenders have been invited for buildings or other structures of

the same type, design, the contractor shall submit his bill stated in Clause No. 18 and

the Engineer-in-charge not below the rank of work, Executive Engineer shall certify

by general measurement or by other method considered suitable to him, the value of

work done and the contractor shall be paid monthly a sum equal to 90% of the total

value the work so certified, since the last payment, after deducting a part or whole of

the secured advance if not already paid for the materials utilized on the works. An

additional secured advance for any fresh materials utilized on the works. An

additional secured advance for any fresh materials brought on site will also be paid if

certified by the officer not below the rank of Executive Engineer. After the work is

completed final bill would be paid on the certification of officer not below the rank of

Executive Engineer, that the work, is done according to drawing and specifications

attached to the tender. If any additions and alterations have been carried out,

detailed measurement in respect thereof shall be recorded and extra payment or

deductions are regulated as per item rates quoted by the contractor while submitting

the tender and if there are any items in the additions and alterations for which the

contractor has not quoted a rate, the payment shall be as per Clause 39 above

41. ACTION WHERE NO SPECIFICATION

In the case of any class of work for which there is no such specification as is

mentioned, such work shall be carried out in accordance with the PWD and in the

event of there being no PWD specification, the work shall be carried out in all

respects in accordance with the instructions and requirements of the Engineer-in-

charge of the Corporation etc.

42. NO CLAIM FOR VARIATION IN QUANTITIES OR WORK

Quantities shown in the tender are approximate and no claim shall be entertained for

quantities of work actually executed, being either more or less up to any extent than

those entered in the tender or less than those entered in the tender or estimate.

43. NO CLAIM FOR COMPENSATION FOR DELAY IN STARTING WORK

No compensation shall be allowed for any delay caused into starting of work on

account of acquisition of land and in the case of clearance for works or any delay in

according sanction to estimates.

44. NO CLAIM FOR COMPENSATION FOR DELAY IN EXECUTION OF WORK

No compensation shall be allowed for any delays in execution of the work on account

of water standing in borrow pits or compartment. The rates are inclusive for hard or

cracked soil, excavation in mud, sub-soil water or water standing in borrow pits and

EW- 278 PUR-F-006 RFQ-

no claim for any extra rate shall be entertained unless otherwise expressly specified

and mentioned in the tender.

45. EMPLOYMENT OF TECHNICAL PERSONS:

The contractor shall keep one full time qualified Civil Engineer at the site, who shall

be fully authorized to receive and comply with such instructions, as given by the

Executive Engineer. The contractor shall intimate the name of such Engineer with his

qualifications and experience. The Executive Engineer shall have the right to demand

the removal of any technical personnel, skilled or unskilled workmen, who in his

opinion are considered to cause bad workmanship in the execution of works or to

cause indiscipline.

46. Terms and Conditions regarding Labour L aws

During the entire period of the contract, the Contractor and his Sub-

Contractors shall at all times comply with all applicable labour laws, rules,

regulations, notifications, and bye-laws issued by the Central Government,

State Government, or Local Authorities. This includes all existing laws as

well as any amendments or new notifications that may come into force during

the contract period.

The Contractor and his Sub-Contractors shall, at all times abide by the

following Acts/Statutes related to Human Resources:

1. Factories Act, 1948;

2. Contract Labour (Regulation & Abolition) Act, 1970;

3. EPF & MP Act, 1952;

4. Building & Other Construction Workers (Regulation of Employment &

Conditions of Service) Act, 1996;

5. ESI Act, 1948;

6. Minimum Wages Act, 1948;

7. Payment of Wages Act, 1936;

8. Payment of Bonus Act, 1965;

9. Payment of Gratuity Act, 1972;

10. Workmen‟s Compensation Act, 1923;

11. ID Act, 1947;

12. Maternity Benefit Act, 1961;

13. Inter-State Migrant Workmen (Regulation of Employment & Conditions

of Service) Act, 1979;

14. The Building And Other Construction Workers' Welfare Cess Act,

17. The Carriage by Road Act,

The above list is only indicative and not exhaustive. The Contractor shall

remain fully responsible for ensuring compliance with all other applicable

labour and welfare legislations, rules, and regulations in force during the

The following are some of the major responsibilities of the contractor, in

addition to other obligations prescribed under various labour laws, rules, and

regulations issued by statutory authorities such as the State Government or

Government of India from time to time, which the contractor shall strictly

comply with during the execution of the contract.

1) The Factories Act,

The contractor should not deploy worker below the age of 18 years

and above 60 years for the awarded work.

Earn Leave shall be paid to their bonafide contract workers as per

EW- 278 PUR-F-006 RFQ-

the provisions of the Factories Act,

Payment of Earned Leave should be made monthly together with wages for

better compliance of law. The contractor shall maintain Earn Leave

Register in Form No. 19 as per the provisions of the said Act and

submit the same on demand.

All the written registers, Performa etc. shall be maintained up to

date and kept ready for inspection at any time or submitted

on-time to the concerned authorities as per applicability of the Acts

by contractor.

2) The Contract Labour (Regulation and Abolition) Act,

The Contractor / Agency shall have to obtain the Labour License

under Contract Labour (Regulation & Abolition) Act from the

appropriate authorities before commencement of work. The contractor

shall maintain a valid labour license under the Contract Labour

(Regulation and Abolition) Act for employing necessary man power

to be required by contractor.

The contractor should not be allowed to engage fifty (50) or more

contract labourers without initiating to obtain the labour license under

the Contract Labour Act. (the said number i.e., fifty (50) or more

includes Supervisor and other staff).

3) Minimum Wages Act,

Contractor shall have to make the payment of wages to the Contract Labours

engaged by them, on or before 7th of every month through nearest

Nationalized Bank compulsory, preferably situated in the premises of TPS

area in case of all works contract. The Contractor shall supply copy of Bank

Statement duly stamped by the Concerned Bank as well as debited entry of

amount displayed in the contractors‟ own bank account as token of proof

towards payment of Wages through CLIM/prevailing system at relevant

time. Apart from Payment of wages through Bank, Contractors shall have to

make all other payments like Advances, Bonus, Leave Encashment etc. to

their labours through bank only and cash payment/entry will not be allowed.

Wages rates for contract laborers are applicable as per the terms and

conditions of the license. The contractor shall have to pay wages to workers

as notified by the Government of Gujarat from time to time.

Any default to pay the minimum wages to the engaged workers and deprived

of their right to minimum wages payment on or before 7th of each month

shall be dealt as per the provision of labour laws. Recurrence of the same

may lead to cancellation of awarded contract.

4) The Provident Fund and Miscellaneous Provisions Act,

The contractor must possess separate P.F. code on the name of the

Firm / Agency / Company itself for the subject work.

It should be ensured that all the contract labours engaged by

contractor are covered under the provident fund scheme and

employee‟s pension scheme and their contribution must be remitted

regularly to the concerned R P F C . The photocopies of challan along

with E C R in this regards should be submitted regularly to the User

Department to enable their onward billing clearance.

The contractor shall submit along with his bill (month wise)

EW- 278 PUR-F-006 RFQ-

statement regarding deductions against employees‟ provident

fund and family pension scheme in respect of each concerned

employee. Provident fund and family pension scheme at the rate of

12 % of wages (or at the rates made applicable by the

Government time to time). The contractor‟s contribution and his

workers contribution towards provident fund and family pension

scheme shall deposited by the contractor with concerned PF

Authorities.

5) Workmen’s Compensation & E mp l o y e r ’ s Liability

Insurance.

The contractors shall have to obtain Employee Compensation

Policy under the Employees Compensation Act before starting

the work. Employee Compensation Insurance shall be obtained for

all the workers engaged for the execution of awarded contract. If

any of the work is sub-letted, the contractor shall ensure that the sub-

contractor take and provide workmen's compensation and Employer's

liability insurance for the labours engaged. Contractor is liable to

pay compensation in case of accidental injury arising out of and in

the course of employment as per the said Act and shall bear medical

expenses due to on duty accident.

6) The Payment of Gratuity Act,

For better compliance, contractor shall pay amount of gratuity on a

monthly basis along with the payment of wages, calculated on a pro-rata

basis per month, which is equivalent to 15 days‟ wages for each completed

year of service for every worker. (* applicable to A R C / B R C

works contract only)

7) The Payment of Bonus Act,

Every worker shall be entitled to be paid by the contractor in an

accounting year, bonus, in accordance with the provisions of this Act,

For better compliance, the contractor should pay bonus amount

on a monthly basis along with wages calculated on a pro-rata basis

per month. Contractor has to submit the paid bonus details of its

worker in Form No. C as per the provisions of the said Act as and

when required by the Govt. Authority as well as by G S E C L .

8) The Maternity Benefit Act,

Contractor shall ensure that entitled female worker should

provide Maternity Leave and other benefits as per the provision of the

9) The Building and other Construction Workers’ Act,

For any construction work, fall under the definition of Section

2(1)(d), happening outside / inside the Factory premises the said

act will be applicable and the contractor or its sub-contractor shall be

liable to comply with the provisions framed there under.

10) The contractor shall give preference to existing or local contract

workers for engagement in the awarded contract and shall issue

appointment orders to each and every workers individually at the

time of their engagement during the period of contract and

terminate the same at the end of the each contract.

EW- 278 PUR-F-006 RFQ-

Follow the mentioned procedure at each milestone for the

execution of works contract.

11) On Commencement of Contractual Work

1. Before starting the work, the contractor may contact Labour

Welfare Officer / Industrial Relations Officer for all formalities

related to labour law compliance before commencement of the

contract and onward Labour Law compliance thereof, so that

later no dispute will arise in respect of compliance of labour

2. It is the responsibility of the contractor to ensure that

contractor‟s employees maintain strict discipline as regards

security, methods of safe working etc, and not to cause any

hindrance to smooth running of power station or in execution of

duties by G S E C L staff. Any lapse in this regard will be viewed

seriously and if lapse found, contract is liable to be terminated. If

any of contractor‟s staff is found unsuitable or not behaving

properly, the contractor shall have to remove such worker from

the work-site on demand by EIC. To maintain harmonious

industrial relations amongst contract labours is solely the

responsibility of contractor. Any breach of the same will be

viewed seriously.

3. A digital system developed at the request of the agencies

working at the premises of GSECL, is to facilitate them for easy,

efficient, effective management of data, gate passes, attendances,

medical records, Police Verification documents etc related to

their employees / workers deployed for various works and

services against work order of GSECL.

4. On receipt of LOA and before commencement of work,

authorized representatives of the agency shall login in the CLIMS

online portal / prevailing system at relevant time and apply for

registration of their employees / workers uploading all

information with required documents in digital form. Upon

completion of due verifications, clearance by EIC and HR

departments, contracting agency will obtain gate passes. GSECL

will only consider documents like wage sheet duly accepted and

signed by individual workers, as per the engagement/deployment

duration/hours of individual worker duly certified by the agency,

being the employer, for the purpose of payment of bills and HR

clearances.

Agency shall be solely responsible for maintaining accurate and

up-to-date data of their workers in the portal/ prevailing system at

relevant time. All statutory compliances under prevailing laws

shall remain the responsibility of the contracting agency. The

agency shall indemnify GSECL against any liabilities arising

from non-compliance of legal provisions or inaccuracies in the

data maintained by them in the digital portal of

CLIMS/prevailing system at relevant time.

5. The Contractor who intends to engage labours more than the

EW- 278 PUR-F-006 RFQ-

specified limit under law, then necessary - Form No. V under the

Contract Labour (R& A) Act, 1970 or Form No. VI under the

Interstate Migrant worker (employment regulation) Act 1979 as

applicable is to be obtained for the purpose of obtaining Labour

License from the Licensing Authority.

6. It shall be the duty of the Contractor or his Supervisor to

ensure Bio-Metric punching and reporting at the location of work.

7. The contractor shall employ adequate number of experienced

staff at site for daily supervision and for maintaining of various

registers and records required under the Labour laws and

contracts. No payment for such supervision shall be admissible.

8. The gate passes obtained for any specific work order will be

valid for that specific work order only and contractor should not

divert the man power for any other work order. If any work

or part thereof is desired/required to sublet, the contractor

shall obtain the necessary permission of EIC in black and white

well in advance which is mandatory for considering the statutory

documents of agency other than the agency who awarded work

12) During Contractual Work under the progress:

1. All Contractors shall have to make the payment of wages to the

Contract Labours engaged by them, on or before 7th of every

month through Nearest Nationalized Bank compulsory,

preferably situated in the premises of p o w e r s t a t i o n area.

The Contractor shall supply copy of Bank Statement duly

stamped by the Concerned Bank as a token of proof towards

payment of Wages through CLIMS / prevailing system at relevant

2. All Contractors has to comply & maintain statutory documents /

registers under the provision of labour laws & E P F Act.

3. In case the contractor having more than one contract in the same

T P S , the contractor shall have to obtain work order wise

separate Gate Passes and submit the same with the documents of

statutory compliance that too work order wise every month to the

User Department to enable their onward billing clearance.

(13) CONTRACTOR TO INDEMNIFY THE GSECL REGARDING

LABOUR LAWS

The contractor shall indemnify and keep indemnified the G S E C L , and

every member, officer and employees of the G S E C L , also Engineer-in-

charge and his staff against all actions, proceedings, claims, demands,

costs and expenses whatsoever arising out of or in connection with the

matter referred in above clauses and elsewhere and against all actions,

claims demands, cost and expenses which may be made against the

G S E C L by any workman/ employees of contractor or any sub- contractor

and or from any liability any wise to any workman/employees of the

contractor or sub-contractor under any laws, rules or regulation having in

force of law including but not limited to claims against the owner under

employee compensation Act, 1923. The Employee‟s Provident Fund

EW- 278 PUR-F-006 RFQ-

Act.1952, and/or the contract labour (Abolition and Regulation) Act,

The G S E C L shall not be liable for or in respect of or in consequence of

any accident or injury to any workmen or other person in the employment of

the contractor or his sub-contractor, and the contractor shall indemnify and

keep indemnified the G S E C L against all such damage and

compensation and against all claims, demands proceedings costs,

charges and expenses whatsoever in respect of or in relation thereto.

The contractor shall at his own expense / risk and cost to comply with all

the labour laws as above- mentioned and keep the G.S.E.C.L. indemnified

in respect thereof.

G S E C L : shall be entitled / empowered to deduct directly from the bills, the

amount to be paid to engaged bonafide contract workers or the contract

workers engaged by Sub-contractor; any sum or sums payable by main

contractor / sub-contractor and which sum/sums the Corporation is

required to pay in capacity of Principal Employer on account of the default

of contractor in respect of all liabilities incurred out of non-compliance

regarding any provisions of Labour Laws and same amount shall be

recovered from the pending dues of the contractor with 15% administrative

Any other rules and regulation, conditions, circulars etc., that are in force at

present and that may be framed by the G S E C L from time to time in

connection with contracts will be binding and acceptable to contractor.

The above are some of the major liabilities of the contractor in addition to

other liabilities prescribed under the various labour laws in force from time to

time from Statutory Authorities like State Government / Government of

India, which the contractor shall have to comply with.

The contractor shall provide the name of authorized representative, as

provided to other statutory Government authorities and will be notified to

Engineer In-Charge time to time.

14) Submission of Statutory documents to ensure the compliances:

The contractor shall upload statutory documents, work order-wise, under Labour

Laws and EPF in CLIMS / prevailing system at relevant time.

Required documents shall be u p l o a d e d by the contractor in existing

portal /prevailing system at relevant time invariably each month to

Engineer In-Charge for onward process and smooth clearance by HR

Department.

Sr. No. Description of documents attached

1 Copy of Work Order

2 Copy of P. F. Code No.

3 Insurance Policy as per subject of work order under the Workmen

EW- 278 PUR-F-006 RFQ-

Compensation Act,1923

Contract agreements/ subletting work contract documents with

approval copy

Copy of Id proof of Aadhar card or Election voting card or driving

license or Passport only

6 Copy of Police Verification in respect of each contract workers

15. The contractor whose work order value is above Rs. 5 lacs shall have to submit

“Declaration cum Indemnity Bond” on Rs. 300/- Non-Judicial stamp paper in prescribed

Performa (Annexure- “B”) with Agreement and Indemnity Bond before the commencement

of the contract.

Annexure- “B”

DECLARATION CUM INDEMNITY BOND

(On Rs.300/- Non Judicial Stamp Paper duly notarised)

THIS DECLARATION CUM INDEMNITY BOND made at ---------

---------------- (mention location) by M/S. ------------------------- having its

Reg. office at------------------------------------------------------(hereinafter

referred to as “Contractor” which expression shall unless it be

repugnant to the context or meaning thereof, be deemed to mean and

include their respective assigns, successors, executors, subcontractors and /

or administrators) of the ONE PART in favour of

M/S Gujarat State Electricity Corporation Limited having its

power Station at ……………..Ther mal Power Station (hereinafter

referred to as the “Company” ), which expression shall unless it be

repugnant to the context or meaning thereof be deemed to mean and

include its assigns, successors) of the OTHER PART.

WHEREAS the COMPANY has entered into a contract with the

Contractor for the work of”-----------------------------------------------------------

-„‟ under order No: ------------------------- dated-------------------------

“hereinafter called the “Contract”);

AND WHEREAS it is one of the essential conditions of the Contract that

the Contractor shall comply with all the provisions of the Labour &

Industrial Laws, as may be applicable from time to time for the

discharge and completion of the works and completion of the Works

and Services covered under said Contract Labour (R & A) Act

1970,Child Labour (Prohibition and Regulation) Act 1986,The

Employees Provident Funds & Miscellaneous Provisions

Act,1952,Employees State Insurance Act 1948, Minimum Wages

Act,1948,Payment of Bonus Act,1965,Payment of Wages Act,1936,

EW- 278 PUR-F-006 RFQ-

Employees Compensation Act.1923, Factories Act,1948 and other Labour

Laws, Rules, Notifications and Codes which are at present applicable to

the contractor and which may be applicable during the tenure of the contract

(hereinafter referred as the „Laws‟).

AND WHEREAS the Contractor has agreed to execute this Declaration

cum Indemnity Bond to this effect and has agreed to indemnify and

Company, it‟s Directors, Officers and employees and representatives

indemnified and hold harmless against all third party claims, charges

,penalties, fines, expenses ,losses, damages costs, suits or any other levy

against the Company and/or the management due to the failure of the

Contractor to observe or follow all applicable laws.

NOW THIS DEED WITNESSETH AS UNDER

1. The Contractor hereby declares that all acts, deeds, actions, activities,

conduct and lapse, delays, misdeeds, faults, breaches, inactions etc done

by his assigns, successors, executors, subcontractor and / or

administrators shall be construed to be have been done by the

contractor and he alone shall be liable for such acts, inactions etc.

2. In consideration of the Company awarding the Contract to the

Contractor subject to the condition of execution of this Declaration

cum Indemnity bond, the Contractor declares and represents to the

Company that the Contractor has obtained all Statutory registrations,

Certificates, licenses and approvals required under the Laws

enabling the Contractor to execute the Contract in a legal and

lawful manner.

3. That in the event of any liability arising out of non-compliance of any „Laws‟ of

the land by the Contractor in connection with the Performance of the contract,

the Contractor shall bear all the resultant liability (ies) whatsoever, if any and

that the company , its Directors, Officers and employees, representatives, shall

not be liable for any such liability(ies). The Contractor undertakes to indemnify

and keep the Company and its Directors, Officers and employees,

representatives indemnifies, defend and hold harmless, against all

losses, costs, damages, claims, penalties, interest, expenses,

demands, fines, legal liability, causes of action, injury to persons,

suits etc., which may be suffered, incurred, undergone and / sustained

by the Company including the Costs and expenses that may be

incurred in defending any such liability(ies) claim(S), Proceeding

(S) etc. that maybe made or taken or taken or arise on the

same by any Person, body, authority, government, judicial / quasi -

EW- 278 PUR-F-006 RFQ-

judicial authority due to the failure or non-compliance of any

such laws and rules there under (including any amendments in acts,

laws, statutes & rules there under) of whatsoever kind and nature

arising out of or in any way connected with, whether or not such

acts or omissions are actual or alleged, active or passive with

regard to the discharge of the said Contract.

4. The Contractor further declares that in case of any suit / claim /

right / damages / compensation / fine / levy / charges / expenses /

losses / penalties / costs raised by the third party, including

contract labours engaged by the contractor, he shall join such

proceedings in such Suit/Court/Tribunal/Authority and effectively

defend the same.

5. The Contractor hereby agree and undertakes to make good

any loss, damage, claims, suits, demands, decrees, expenses that

the Company may suffer to the fullest satisfaction of the Company

and if the Contractor fails to make good the same then the

Company shall have the right to recover the same from and or

any other loss sustained, without any restriction or limitation,

together with any other incidental expenses, costs, and all incidental

logistic expenses etc that may be suffered by the Company from

the Contractor and the Contractor hereby further confirms and

declares that this Declaration cum Indemnity Bond is irrevocable

and shall be final and binding on him, his heirs, executors,

administrators, legal representatives, successors, subcontractors and

assigns, wherever the context applies. any claims, demands, shall be

adjusted against any amount due and payable to the Contractor

and the Company shall have the right to withhold any amounts

due and payable to the Contractor, till the settlement of such

claims, disputes to the Contractor towards discharge of such claims,

obligations etc.

6. This Declaration cum indemnity bond shall be in accordance with the

laws of India and any dispute between the parties with regard to this

Declaration cum Indemnity Bond shall be resolved through the

dispute resolution process mentioned in the General Conditions of the

Contract (GCC).

IN WITNESS WHEREOF, the said Contractor has hereunto set their

hand the day and year first hereinabove written.

SIGNED S E A L E D AND DELIVERED By the within named

EW- 278 PUR-F-006 RFQ-

“CONTRACTOR”

(Authorized Signatory)

Rubber Stamp of Firm/Company

Full Name:

Designation:

In presence of Witness

Name & Address of Witness Signature

1. Full Name :

Residential Address:

Contact No. :

2. Full Name :

Residential Address:

Contact No. :

46 MATTERS RELATED TO EXECUTION OF WORK:

a) Work shall commence from the date given in letter to commence the work by EIC at

site. The Contractor shall make all necessary arrangements at site to mobilize labour,

operators, divers and materials and maintain necessary number of machinery and

equipment, barge, pontoons etc., to guarantee the agreed rate of progress of work as per

b) A detailed work schedule showing how he proposes to carry out the work, specifically

mentioning time periods as well as date of commencement and completion of each

activity and such approved schedules must be strictly adhered to by the CONTRACTOR.

After the owner has agreed with the schedule, the Contractor shall prepare detailed

program of each work front/activity breaking it down giving daily quantifiable/measure

of progress. The schedules are to be reviewed periodically with the OWNER / ENGINEER

to ensure that the completion date will be met or to institute corrective steps (at no extra

cost to the ENGINEER) to adhere to the completion dates. The OWNER reserves the right

to revise the schedule at his discretion in order to keep up to the completion date and to

suit the project requirement and such alterations shall not entitle the CONTRACTOR to

any extra payment.

c) A work schedule with PERT / Bar Chart for carrying out the work in prescribed time

limit mentioning date of commencement, activity to be carried with its time period,

starting & finishing event for each activity, completion of total project in critical path etc,

shall be jointly fixed and approved by the GSECL. Such approved schedules must be

strictly adhered by the Contractor.

EW- 278 PUR-F-006 RFQ-

d) After the GSECL has agreed with the schedule, the Contractor shall prepare detailed

program of each work front / activity breaking it down to daily quantifiable measure of

progress. The schedules are to be reviewed periodically with the Owner / E.I.C to ensure

that the completion date will be met or to institute corrective steps (at no extra cost to

the GSECL) to adhere to the completion dates. The Owner reserves the right to revise the

schedule at his discretion in order to keep up to the completion date and to suit the

project requirement and such alterations shall not entitle the Contractor to any extra

e) The GSECL reserves the right to delete any item of schedule-B for which contractor shall

not have any right to claim on this account.

f) One permanent reference bench mark and a reference base line shall be given for lay out

of work, which shall be maintained without disturbance by the CONTRACTOR during the

tenure of the contract. CONTRACTOR shall establish local bench marks as directed by the

ENGINEER IN CHARGE.

g) The contract or any part thereof shall not be subject to change without the written

permission of the Chief Engineer (Gen.) GSECL, GANDHINAGAR TPS or his authorized

representatives.

h) During the execution of the work if it is found that the work is not progressing as per the

scheduled program approved by the GSECL & planned by the contractor, due to the

reasons attributable to the contractor, suitable action shall be taken as per Clauses in this

tender elsewhere & other relevant clauses appearing in the section of “Terms & condition

of tender & works contract, Legal conditions of works contract” of tender document. And

the GSECL may also take such action as it may deem fit to ensure that the work is

completed in time at Risk and Cost of the contractor.

i) Contractor shall attend meetings at EIC's office at site or any other place as fixed by the

EIC, as and when required for review, discussion, coordination etc. Attending these

meetings shall be obligatory on the part of the Contractor, at no cost to the GSECL.

j) The Contractor shall take all requisite & necessary care to observe that no damage is

caused to the existing, pumps, existing works, service road, or any other structure etc. For

any damage to the existing structures of the GSECL, the Contractor shall be held

responsible and he will have to rectify the damage immediately up to the satisfaction of

Engineer in Charge, at his own cost.

k) The work shall be completed within the period stipulated in the contract. & site

clearance arranged according to the progress of work at site. Therefore, the contractor

has to organize & coordinate the work to suit these circumstantial conditions. In the

event of any delay due to the above or due to any other reason not attributable to the

contractor, reasonable extension in completing the work may be given at the discretion

and as decided by the GSECL but no compensation or idle charges will be payable to the

contractor on this account or any site conditions under any circumstances.

l) No idle charges shall be entertained by GSECL for any site condition or any

circumstances. The corporation will not pay any type of advances including mobilization

47. RECOVERIES:

a) In case of any damage to equipment / machinery or structure / building of GSECL or any

public property due to negligence of contractor or any other reasons attributed to

contractor, the decision of E.I.C. regarding the amount of recovery shall be final.

b) If the contractor fails to execute the work as per direction of E.I.C. within the time frame

given, the GSECL shall get the work done through any other contractor at the risk and

cost of the contractor and the cost of execution of such work along with 15% overhead

charges shall be deducted from contractor’s monthly bill over and above recovery as per

c) Recoveries due from the contractor, up to the end of the month previous to the one in

which the bill is prepared shall be made from bills approved for payment every month

or at other periods when the bills are prepared, for the various items in the following

order of priorities and extents.

d) Deduction on account of security deposit in full together with shortage, if any, to be made

e) Penalty in full, if levied.

f) Expenditure, if any, incurred by the Corporation on Contractor’s behalf in labour or

materials in full.

g) Charges for services such as water and power supply etc. in full.

h) Charge on account of supply of materials like cement and steel in case of shortages found

EW- 278 PUR-F-006 RFQ-

in balance or excess consumption than specified.

i) Hire charges for Corporation or Government machinery if any.

j) Recoveries of advance and secured payment or payments for preliminary work in full or

the installment due if and as the same as may have been allowed.

k) Rent recovery on account of allotting quarters on rent as per Corporation’s rules.

l) Income tax and sales tax in full as per Government rules.

m) Outstanding recoveries in respect of other contracts awarded by the Corporation if any.

n) Other recoveries. (If any)

48. WORK TO BE EXECUTED TO THE SATISFACTION OF THE ENGINEER -IN-CHARGE:

The contractor shall proceed with the work with diligence and expedition and the

whole of the work herein specified as well as the mode of execution shall be under

the supervision and direction and shall be carried on to the entire satisfaction of the

Engineer-in-charge, who shall have full power to order the contractor to alter, enlarge

or diminish the form, dimensions, positions, or quantities of any of the work or to make

use of material and workman-ship of different descriptions and qualities from this

herein specified.

The whole of the works, together with any temporary works, associated therewith, shall

be carried on in the most substantial proper and mannered workman like manner, with

the best materials and workmanship and to the entire satisfaction of the Engineer-in-

charge and in such order of time as he may direct. The contractor shall attend to and

execute without delay all orders and instruction which may from time to time be issued

by the Engineer-in-charge.

49. MATERIALS WORKMANSHIP etc.:

The work shall be executed in thoroughly substantial manner with material and

workmanship of best quality and strictly in accordance with the specifications and with

the drawings, or with such other drawings or written instruction as may from time to

time be furnished to the contractor, in accordance with terms of this contract and shall

be completed in every respect with all materials and workmanship implied and

necessary according to the fair interpretation and meaning of the same and should there

be any discrepancy between the drawings and specifications or any difference or

disputes as to the dimensions to be worked to or the quality of the materials to be used,

or the mode of doing periodical quantity of the work to be executed or with respect to

any subject arising out of this contract, the decision of the Engineer-in-charge shall be

final and binding on all parties. Rejected material shall be so disposed off as to obviate

any possibility of their use on works. The place, method and period of disposal shall be as

directed by the Engineer-in-charge.

50. SAMPLES OF DESCRIPTIVE DATE:

Samples of descriptive date, requiring approval, shall be submitted by contractor to the

Engineer-in-charge in good time before the use of such material for inspection and

permission of testing if required. The samples shall be properly marked to show the

name of the material, manufacture, place of origin, and place where to be used etc.

Failure of any sample to pass specified tests will be sufficient cause for the refusal to

consider any further sample from the same source.

51. FENCING AND LIGHTING AND VENTILATION

Except as herein after provided, the contractor shall unless otherwise specified, be

responsible for the proper fencing, guarding, lighting and taking of the necessary safety

measures for all works comprised in the contract and or the proper provision of

temporary roadway, footways, guards fences, caution notices etc. as far as the same

may be rendered necessary by reasons for the work for the accommodation and

protection of workman foot passenger or other traffic and of the owners and occupiers

of adjacent property and of the public and shall remain responsible for any

accidents that may occur on account of his failure to take proper and timely

precautions.

All the arrangements made for fencing, lighting and ventilation shall be maintained by

the contractor throughout the tendency of the contract till physical taking over of the

work by the department.

52. LIABILITY FOR DAMAGE TO WORKS OR PLANTS

 The contractor shall during, the progress of the work, properly cover up and protect the

work, and plant, and materials placed at his disposal or acquired for him by the

Corporation, from injury by exposure to the weather, or any cause what so ever and shall

take every reasonable proper timely and useful precaution against accident or injury to

EW- 278 PUR-F-006 RFQ-

the same from any cause and shall be and remain answerable and liable for all accidents,

or injuries thereto which until the same be or be deemed to be, taken over by the

Corporation, may arise or be occasioned by the acts or omissions of the contractor or his

workmen of sub-contractors, and all losses and damages to the works or such plant or

material arising from such accidents or injuries as aforesaid shall be made good in the

most complete and substantial manner by and at the sole cost of the contractor and to the

reasonable satisfaction of the Engineer-in-charge. If the contractor fails to make good

such losses & damages within the time given by the Engineer-in-charge, the Corporation

shall be at liberty to recover the amount fixed by the Engineer-in-charge for such losses or

damages or any part thereof by deducting it from any sum due by the Corporation to the

contractor under this contract or otherwise.

 Further the contractor shall, at all time, protect and preserve all materials, plant and

equipment that he may himself have procured for the execution of the work. All reasonable

requests of the Engineer-in-charge to enclose or especially protect any of the above shall be

expeditiously compiled with.

 If the Engineer-in-charge considers that the work or materials or plant is not sufficiently

protected by the contractor, he shall be entitled to arrange for such protection at his

unfettered discretion and recover the cost thereof from the contractor.

 Until the work shall be or be deemed to be taken, over as aforesaid, the contractor shall

also be liable for and shall be deemed to have indemnified the Corporation in respect of all

damage or injury to any person or any property of the Corporation or of others, occasioned

by the negligence of the contractor or his workmen, or his sub-contractor, or by

defective design, work or materials.

53. EXPLOSIVE PROCUREMENT AND STORAGE (IF APPLICABLE)

i) Explosives, petrol, oils, fuels and other inflammable materials shall be stored strictly in

accordance with the rule of the Explosive Department.

ii) The contractor shall at his own expense construct and maintain, proper magazines which

are required for the storage of explosive and arrange for proper storage facilities for oils,

fuels etc. for use in connection with the work.

iii) The contractor shall at his own expense obtain such license or licenses as may be

necessary for strong and using explosives, oils, fuels etc. The department shall not take any

responsibility whatsoever in connection with the storage or use of explosives on the site, or

any accident or occurrence whatsoever in connection therewith. All operation of the

contractor in which or for which Explosives are employed shall be at risk of contractor and

upon his own responsibility.

54. MATERIALS TOOLS AND PLANT BROUGHT ON THE SITE OF WORK

All materials, tools and tackle of the contractor brought to and delivered upon the site

for the purpose of the work shall from the time of their being so brought shall be

deemed to be the property of the Corporation in its possession to be used for the

purpose of the work and for that purpose only and shall not on any account be removed

or taken away by the contractor or any other person without the written permission of

the Engineer-in-charge but the contractor shall nevertheless be solely liable and

responsible for and loss destruction thereof or damage thereto. The Corporation shall

have a lien on such materials, tools and tackle for any sum of sums which may at any

time prior to the completion of the works be due or owing to the Corporation by the

contractor, under in respect of and dispose of any such materials, tools and tackle in such

manner as the Corporation may think fit and to apply the proceeding in or towards the

satisfaction of such sum or sums so due or owing as aforesaid but subject to such lien

and power of sale and disposal such surplus materials, tools and tackle shall belong to

the contractor and may be removed and disposed off by him as he may think fit.

55. ACCESS TO SITE AND WORK ON SITE

The Engineer-in-charge or his authorized representative may if he consider fit from time

to time enter upon any lands which may be in the possession of the contractor under

this contract, for the purpose of executing any work not included in this contract and

may execute such work not included in this contract by agents, or by other contractors

at his option and the contractor shall in accordance with the requirements of the

Engineer-in-charge, afford all reasonable facilities for execution of the works including

occupation of lands by structure or otherwise for any other contractor employed by

EW- 278 PUR-F-006 RFQ-

the Corporation and his workmen or for the workmen of the Corporation who may be

employed in the execution on or near the site of the work not included in the

contractor’s any contract in connection with or ancillary to the works and in default,

the contractor shall be liable to the Corporation for any delay or expense incurred by

reason of such default. Provided always that if the exercise of those power shall cause

any damage to the contractor he may within fifteen days of such damage arising make a

statement of the same to the Engineer-in-charge who shall from time to time assess the

value in his Judgment of such damage and the Corporation shall from time to time shall

pay to the contractor the amounts (if any accepted as justified) by the Engineer-in-

charge. The contractor shall not however, on account of any such modified, new or extra

work executed by or for the same of the Corporation be entitled to claim relief from the

obligation to execute other works.

56. INSPECTION OF WORKS

The Engineer-in-charge or his duly authorized agent shall have at all time full power to

inspect the works, wherever in progress, either on the site, on the contractor's premises

or at the premises wherever situated, of any firm or Corporation where work in

connection with this contract may be in hand.

Further, the contractor shall not allow, without written authorization permit entry on

site of work, any person except authorized agents of the Corporation of the Engineer-in-

charge or the contractor's staff and labour directly engaged on and in connection with

The contractor shall, during working hours, maintain supervisors having sufficient

training and experience to supervise the various items and operations of the work and

the said supervisors shall remain present during the inspections of the Engineer-in-

charge. All orders and directions given to such supervisors or other staff of the

contractor shall be deemed to have been given to contractor. Further the Engineer-in-

charge may be due notice, desire a higher ranking members of the supervisory staff of

the contractor to be present on any specified inspection and the contractor shall comply

with such direction.

57. CLEANING UP

 The contractor shall at all times keep the construction area and his power house and

storage areas free from accumulation of waste, or rejected materials.

 Prior to the completion of the work the contractor shall remove all rubbish from and about

the premises, and all tools, scaffolding, equipment and materials which are not part of

permanent structure. The premise will be left in a manner fully satisfactory to the

Engineer-in-charge, thereafter only the completion certificate will be issued.

58. CONTRACTOR TO KEEP INVENTORY OF MATERIALS etc.

The contractor shall prepare and maintain an inventory of all materials temporary

rolling stock, plant purchased or hired for use of employment or for any of the purposed

for this contract and such inventory or a copy thereof shall at all times be available for

inspection by the Engineer-in-charge. A complete and up to date copy of the inventory

shall be submitted to the Engineer-in-charge in the beginning and once a year; thereafter

changes in the interim period, if any shall be communicated on every three months.

59. CONTRACTOR TO RESTORE PLANT

Upon completion of the work, the contractor shall deliver to the Corporation, all

appliances, materials, and plants which may have been loaned or hired to him by the

Corporation and make good all damages which may have occurred to them, except such

as shall be caused by fair wear and tear in execution of the works.

60. PROGRESS SCHEDULE

i) The contractor shall furnish, within one week unless extended by the Engineer of the

order to start the work, a progress schedule in quadruplicate indicating the date of start

the weekly progress expected to be achieved and the anticipated completion date of each

major items of work to be done by him, also indicating dates of procurement and setting

up of materials, plant and machinery. The schedule should be such as is practicable of

achievement towards completion of the whole work in the time limit and of the particular

items on due dates specified in the contract and shall have the approval of the Engineer.

Further, the dates for the progress as in this schedule shall be kept up-to-date. In case it is

subsequently found necessary to alter this schedule, the contractor shall submit in good

EW- 278 PUR-F-006 RFQ-

time a revised schedule incorporating necessary modifications proposed and get the

same approved by the Engineer. No revised schedule shall be operative within such

acceptance in writing.

Detailed schedules for each week showing the progress proposed to achieve shall be

submitted to the Engineer and got approved. The Engineer is further empowered to ask

for more detailed schedule or schedules any week by week, for any items or items, and

the contractor shall supply the same as and when asked for.

ii) The Engineer shall have, at all times the right without in any way vitiating this

contract, or forming grounds for any claim to alter the order of the works or any part

thereof and the contractor shall after receiving such direction proceed in the order

directed. The contractors shall also revise the progress schedule accordingly and submit

four copies of the revised schedule to the Engineer within seven days of the Engineer's

direction to alter the order of works.

iii)The contractor shall furnish sufficient plant equipment and labour and shall work such

hours and shifts as may be necessary to maintain the progress on the work as per the

approved progress schedule. The working and shift hours shall comply with all GSECL's

regulations in force and shall be such as may be approved by the Engineer. They shall not

be varied without the prior approval of the Engineer.

iv)The contractor shall from time to time as may be required by the Engineer, furnish the

Engineer, with a statement in writing of the arrangement he proposes to adopt for the

execution of this contract and the Engineer may if he considers, necessary at any time

advise alteration in the same, which the contractor shall adopt on notice thereof.

v) The progress schedules shall be in the form of progress charts, forms, statement

and/or reports as may be approved by the Engineer. Further, the contractor shall submit

four copies showing the progress of work in forms and charts etc. at periodicals intervals

as may be specified by the Engineer.

61. DATE OF COMPLETION

The contractor shall supply, erect, equip and construct the whole of the works and

hand over them to the Corporation on or before the date specified in the tender

document including "Special Conditions" and save as herein provided, in no

circumstances whatever shall extend or alter the date for the completion of works.

Provided always that if in the opinion of the Engineer-in-charge the completion of the

works shall be delayed by any change of original design or by the order of the

Engineer-in-charge, of any altered, modified substituted or additional works or

materials omitted or by strikes, lock outs or stoppages of labour, or revolution, riots,

civil or political disturbance or by causes directly due to war or by the contractor not

being given possession of the site or any part there-of or by the Corporation taking

possession of and using the site or any part thereof or the works or any part thereof,

whether any nonperformance of work under the powers herein contained or otherwise

or by any nonperformance of work or non-supply of materials to be performed or

supplied by the Corporation or by the contractor not receiving any orders, drawings,

instructions or directions in time or by the suspensions of the works or by fire, flood

exceptionally bad weather tempest, storm, or by from unforeseen circumstances (and

whether the same shall be due to any act or omission of the Corporation or its agents

or those in their respective service or not) the Engineer-in-charge may, if in his

unfettered discretion, he thinks fit either forthwith or at any later time and from time

to time not withstanding that the prescribed or extended time for completion has

expired or that the work have been completed, by writing under his hand, extend the

time for the completion of the works to such date as he shall appoint. Provided always

that unless the contractor makes a written application to the Engineer-in-charge within

one month of the cause of delay and unless the time is extended by the Engineer-in-

charge, the prescribed time shall not be extended notwithstanding delays from the

aforesaid foregoing or any other causes of whatsoever kind.

62. SUBLETTING OF CONTRACT

There will be generally no objection on the component parts for the work, being given

over to responsible sub-contractors but Corporation shall under no

circumstances recognize these sub-contractors and the responsibility of executing the

work in the accordance with the conditions of contract will entirely rest on the main

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contracts. The main contractors will therefore always have the very responsible

member, preferably a technical hand present on the works with power to sign all

work orders issued on the site of work and to take requisite actions in the interest of

very efficient execution of work. However, the subletting of the contract can be made

only with the prior approval of the competent authority of the Corporation.

63. OTHERCONTRACTS FOR THE WORK SUSPENSION STOPPAGEOR CURTAILMENTS OF

If during the tendency of the contract the Engineer-in-charge shall for any reasons

(which shall be unquestioned) whatsoever require the whole or any part of the work

as specified in the contract to be suspended for any period or shall not require the

whole or any part of the work as specified in the contract to be carried out at all by the

contractor, he shall give notice in writing of the fact to the contractor who shall

thereupon suspend or stop the work totally or partially as the case may be. In any,

case, except as provided hereunder, the contractor shall have no claim to any payment

or compensation whatsoever on account of any profit or advantage which he might have

derived from the execution of the work in full but which he did not so derive in

consequence of the full amount of the work not having being carried out, or on

account of any loss that he may be put to on account of materials purchased or agreed

to be purchased or for unemployment of labour recruited by him. He shall not also have

any claim for compensation by reason of any alterations having been made in the

original specifications, drawings, designs and instruction which may involve any

curtailment of the work as originally contemplated. Where, however, materials have

already been purchased or agreed to be purchased by the contractor, before receipt

by him of the aforesaid notice, the contractor shall be paid for such materials at the

rate determined by the Engineer-in-charge, provided they would have been useful for

the work curtailed or stopped are not in excess of requirements, are of approved

quality and cannot be used on other contract works or otherwise by the contractor

and/or shall be compensated for the loss if any, that he may be put to, in respect of

materials agreed to be purchased by him, the amount of such compensation to be

determined by the Engineer-in-charge, whose decision shall be final.

The Engineer-in-charge may grant extension of time for the execution of any item or

items of work affected by such suspension of work. The decision for the Engineer-in-

charge, regarding the granting of extension and the period thereof shall be final. The

Engineer-in-charge may order the contractor to suspend any work on account of bad

weather; rain or storm and such other adverse climate conditions and the contractor

shall comply with the same.

The contractor shall not be entitled to an compensation for such suspension of work,

concrete lining at the junctions of the different works under different contract shall be

done with particular care regarding forms, construction joints, interconnecting

reinforcement etc. If any and the joint planning of such work shall be with prior

approval of the Engineer-in-charge.

64. OTHER CONTRACTORS

Apart from this work, the other works connected with the power house will be

simultaneous going on either departmentally or through agencies inside or outside the

power house. Each contractor or agency shall co-operate with others to the fullest

extent and shall allow to each other every facility and co-ordination for execution of

their works simultaneously and satisfactorily, during their action of machinery or

execution of any other co-ordination works of the power house, the contractor will have

to work only at places as directed by the Engineer-in-charge. He will have some time

to suspend his work partially or totally in the interest of the work at large.

In such cases and at such time, he will be informed from time to time and directed by the

Engineer-in-charge where to work. He may also be required to remove the scaffolding or

to erect the scaffolding and shuttering in such a manner as to be of little obstruction and

inconvenience for erection of machinery. In such cases he shall not be given any

compensation on account of reduction or stoppage or labour force or removal and

reinstatement of scaffolding shuttering etc. It will be seen that contractor is not put to

unnecessary inconvenience.

EW- 278 PUR-F-006 RFQ-

In the matter of dumps, haul, roads, drainage, diversion and the like, each contractor

shall take into consideration the needs and requirements of the other constructors, if any

working in the vicinity. Further no contractor shall take or cause to be taken any

stops or action that may cause disruption, discontent or disturbance to the work,

labour of arrangements etc. or other contractors in the neighboring project localities.

Any action, by any contractor, which the Engineer-in-charge in his unquestioned

discretion may consider as infringement of the above code, would be considered as a

breach of the contract conditions and the Engineer-in-charge may take such action as he

may deem fit against the contractor and the action taken shall be considered as final

and binding.

65. SPEED OF WORK

The contractor shall at all times maintain the speed of work to confirm to the latest

operative progress schedule but the Engineer-in-charge may at any time with sufficient

notice in writing direct the contractor to slow down any part or the whole of the work

for any reason (which shall not be question whatsoever, and the contractor shall comply

with such orders of the Engineer-in-charge. The compliance of such orders shall not

entitle the contractor to any claim or compensation.

66. CONTRACT DOCUMENT AND MATTERS TO BE TREATED AS CONFIDENTIAL

All documents, correspondence, decisions and other matter concerning the contract shall

be considered as of confident and restricted nature by the contractor and he shall not

divulge or allow access there to any unauthorized persons of any kind.

67. ACCESS TO THE CONTRACTOR'S BOOK

Whenever it is considered necessary by the Engineer-in-charge to ascertain the actual

cost for execution of any particular item of work of supply of plant or material shall

direct the contractor to produce the relevant documents such as pay rolls records of

personnel, invoices of materials and any other data relevant to the item or necessary to

determine its cost etc. and the contractor to the aforesaid items in the mode and

manner that may be specified.

68. INTEREST ON MONEY DUE TO THE CONTRACTOR

The contractors shall not be entitled to get interest on any amount either of their bills or

arrears whatsoever because of delay in payment by the Corporation. Similarly they shall

not be entitled for any interest on amount of bank guarantees given by them. Non-

payment of interest by the Corporation therefore, shall not cause breach of contract.

69. MEASUREMENTS TO BE PROVISIONAL AND SUBJECT TO CORRECTION

Every measurements for running payment on account of work, done or supplies made,

shall be subject to adjustment or final measurements. In case of disagreement between

such intermediate and final measurements, the latter shall prevail. All works shall be

measured, met by standard measure and according to rules and custom and usual in the

use in Gujarat State Electricity Corporation Ltd., and no proposal to adopt alternative

method will be accepted, the Executive Engineer’s decision as to what is “the usual

method in use in the Gujarat State Electricity Corporation Ltd.” shall be final.

70. BREACH ON PART OF CORPORATION NOT TO ANNUAL CONTRACT

No breach or non-observance on the part of the Corporation of any of the agreements

contained herein, shall annul this contract or discharge the contractor from the

observance and performance thereof, or of any part thereof, but on application by the

contractor and in the unfettered discretion of the Engineer-in-charge an extension of

time may be given to the contractor in respect of such breach or non-observance by

the Corporation.

71. PROFORMA RETURNS

The contractor shall maintain Performa, charts and details regarding machinery

equipment materials, labour personnel and other matters as may be specified by the

Engineer-in-charge. He shall further, submit returns of Performa and details as may

be specified by the Engineer-in-charge from time to time.

72. LOCAL LAWS

All local laws in force at the time of entering into the contract and those enacted

thereafter shall be binding on the contractor and he shall abide by the same.

All import duties, sales tax and other local taxes shall be borne by the contractor and

they shall be deemed to have been covered by this quoted tender rate

EW- 278 PUR-F-006 RFQ-

73. WORKS IN SHIFT DUTY

Works shall be planned in shift duties, if possible in three shifts, depending on

emergency of the work with prior approval of Eng. - in- charge. 0n Sunday or any other

holidays work shall be continued in order to maintain progress with prior permission of

Eng.-in -charge. Such works shall not form any grounds for complaint, compensation or

extension of time limit.

If on the other hand, the Engineer-in-charge directs that the work shall be proceeded

with on days and during hours which are not permissible under this contract, the

contractor shall proceed with the work as directed without in any way vitiating this

contract or forming any grounds for compensation of claim.

The contractor shall in his dealing with labour, atall times, during the period of this

contract, have due regard to local festivals and religious and other customs.

A working day shall consist of two shifts each of eight hours, a working day shall

constitute any day on which in the opinion of the Engineer-in-charge, work can be

carried out in one or more shifts.

Final payment to the contractor shall not be made until the contractor shall deliver to the

purchaser or receipts in full in lieu thereof, and in either case, an affidavit that so far he

has knowledge or information the releases and receipts include all the labour and

material for which in lien could be filed. If any lien remains unsatisfied after all payments

are made, the contractor shall refund to the purchaser all moneys that the latter may be

compelled to pay in discharging such a lien, including all costs and a reasonable

attorney's.

75. MISCELLANEOUS:

1. In case of conflict / discrepancies among clauses of different specifications given in

this document, the stringent specification shall be followed and under such

circumstances, the decision of the EIC shall be final and binding to the Contractor