Providing & fabricating the trench cover for trenches of unit 3, 4 & 5 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

5. SECTION-E :

 PERFORMA FOR BANK GUARANTEE

 INTEGRITY PACT

 CERTIFICATE – A

 ANNEXURE – I (DETAILS OF BANK FOR

SOLVEANCY & BG)

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- 279 PUR-F-006 RFQ-76356

 ACKNOWLEDGEMENT OF TENDER FEE

 TENDER NOTICE

EW- 279 PUR-F-006 RFQ-76356

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

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

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

ACKNOWLEDGMENT

e- Tender for the

“Providing & fabricating the trench cover for trenches of unit 3, 4 & 5 at

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- 279 PUR-F-006 RFQ-76356

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663Fax: 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

“Providing & fabricating the trench cover for trenches of unit 3, 4 & 5 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.

EW- “Providing & 06 (Six) Rs. 1500+ Rs.

279 fabricating Months from 270 = Rs.

the trench the date of 1770.00/- (Seventy Four

cover for Rs. written order

trenches of 24,97,452.20 to commence

Seven Nine Hundred

unit 3, 4 & 5 the work. hundred Twenty Four

at GTPS”. Seventy Only )

Refundable)

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 / Online payment reference for Tender Fee and

3 As per Tender Notice

EMD only up to 15:00 Hrs Through RPAD or Speed Post

Date of opening of online Technical Bid, all relevant

documents submitted through online process, Cover for

4 Tender fee and EMD at 15:30 Hrs (Online technical bid As per Tender Notice

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) Party has to be in touch with

at 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- 279 PUR-F-006 RFQ-76356

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

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 the,

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. Start-ups which participate directly in tendering process for the product which

they are manufacturing/service which they are providing and re-cognized by

EW- 279 PUR-F-006 RFQ-76356

DPIIT under the Start-up India Program and has obtained Udyam registration.

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

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

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 279 PUR-F-006 RFQ-76356

 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- 279 PUR-F-006 RFQ-76356

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

– Judicial Stamp Paper)

DECLARATION FORM

5 at GTPS”.

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- 279 PUR-F-006 RFQ-76356

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 payable.

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- 279 PUR-F-006 RFQ-76356

e- Tender for the work of “Providing & fabricating the trench cover for trenches of

unit 3, 4 & 5 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 & :-

9 Type of account :-

10 Bank Code :-

11 RTGS Code :-

12 IFSC Code :-

EW- 279 PUR-F-006 RFQ-76356

Project Synopsis and Data

1) Location :- Gandhinagar Thermal power station

2) Purchaser :- GUJARAT STATE ELECTRICITY

CORPORATION LTD

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 :- 350 C

Max. Temperature

2] Maximum dry bulb :- 450 C

Temperature ( In 0C)

3] Minimum dry bulb :- 8.60 C

Temperature ( In 0C)

 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 :-

EW- 279 PUR-F-006 RFQ-76356

 Ambient temperature :-

 Other Data :-

SCOPE OF WORK AND SITE CONDITIONS

The main scope of the work is “Providing & fabricating the trench cover for trenches of

unit 3, 4 & 5 at GTPS”.

Under the scope of this tender the agency has to carry out the subject work 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.

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.

Contractor has to make arrangement for workable site condition with the co

operation 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 per schedule-B.

All labour laws will be complied by the agency as per prevailing norms.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 279 PUR-F-006 RFQ-76356

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- 279 PUR-F-006 RFQ-76356

SPECIAL NOTE FOR PRE-QUALIFICATION

5 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

of 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 work 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 Works /Fabrication work carried out in past

with documentary evidence.

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. Last three year Audited annual accounts, Positive net worth

certificate, and average annual turnover certificate certified by

chartered accountants as per qualification requirement.

 Financial qualification criteria:

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

EW- 279 PUR-F-006 RFQ-76356

Rs. 7.49 Lakh/- during the preceding three (3) financial years as one date

of Techno-Commercial bid opening.

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 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 Company.

 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 proceeding 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.

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 ) empanelled /

approved by GSECL along with copy of Annual Audited Accounts of last three

EW- 279 PUR-F-006 RFQ-76356

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 proof.

12. Details of the partnership deed.

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.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

GSECL: GTPS

SIGNATURE OF CONTRACTOR

EW- 279 PUR-F-006 RFQ-76356

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.

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

EW- 279 PUR-F-006 RFQ-76356

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

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

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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.

1. SECURITY DEPOSIT

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

condition of contract).

2. 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 up to Rs. 50,000 (amount put to tender), the period shall be

03 months from the certified date of completion.

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

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

monsoon, whichever is later.

c) For major projects costing more than Rs. 01 crore, the period shall be 12 months from

the certified date of completion which should include one monsoon.

d) For building works, the period specified in (a), (b) shall be same except that time

period shall be 12 months instead of 06 months OR (c) shall be same as above except that

time period shall be 03 years OR elapse of 3 monsoon periods from certified date of

completion whichever is later.

e) For original building works the defect liability period will be 03 years OR elapse of

monsoon periods following date of possession of building taken over by user agency OR

years or elapse of 04 monsoon period following the certified date of completion whichever is

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

f) For painting work (irrespective of amount put to tender): 1 year.

ii] For Water Proofing works guarantee period shall be kept as 5 (five) years from actual

date of completion. Besides above 5 years Performance bank Guarantee (PBG)

equivalent to 10% amount of estimate cost OR Work Order cost whichever is more

shall be submitted by the contractor prior to release of final bill payment.

 Subsequently, if during the year (from date of completion of the work) no leakage is

observed in treated area, out of above 10% PBG, 2% amount shall be released each year to

the contractor on his written request.

 In case of any leakages during the year is observed contractor must attend the same

during dry atmosphere but not later than 6 Months from date of intimation & subsequently

2% PBG can be released.

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 If contractor fails to attend the complaint, 2% PBG of respective year shall liable to

forfeit with written intimation to the contractor.

iii] Over and above 10% PBG, there shall be provision of 5% S.D. which shall be released

after 6 months from actual date of completion of work.

iv] For anti-termite treatment guarantee period shall be kept as 3 years, with PBG & shall be

released on completion of Guarantee period.

3. TIME LIMIT FOR WORK:

The scheduled time limit for the completion of work shall be 06 (Six) Months

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.

4. 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 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.

5. 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.

6.“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 Appendix 1. All the documents submitted

by the bidder in support of 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 Firm.

In case documents are certified & verified for authenticity through TPIA, the

verification and certification of authenticity of documents is acceptable from any of

the following TPI As:

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

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.

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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.

The Bidder shall be responsible to get 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.”

The following website may be referred for contact details of above TPIAs:

http://nabcb.qci.org.in//accreditation/reg_bod_inspection_bodies.php.

This is to be implemented immediately.

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:

Power Station ……………….

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

Meeting the Qualifying Requirements

Ref: Tender no. …………………..

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

M/s. ……………… (here in after 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.

EW- 279 PUR-F-006 RFQ-76356

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,

1. 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.

2. 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.

3. 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.

4. 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.

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

6. 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.

7. 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

 The type and number of equipment and facilities required

EW- 279 PUR-F-006 RFQ-76356

 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

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

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 work.

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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 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.

8. 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

9. 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.

10. TOTAL RESPONSIBILITY

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

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

11. 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.

EW- 279 PUR-F-006 RFQ-76356

(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.

12. 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.

13. 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

14.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.

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

of submission of the tender.

15. 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.

16. 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

 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.

EW- 279 PUR-F-006 RFQ-76356

 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.

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,

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

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

EW- 279 PUR-F-006 RFQ-76356

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

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SECTION-C:

 GENERAL CONDITIONS OF CONTRACT

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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

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fully informed himself and to 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.

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 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.

 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 Unit Security Deposit

Works up to Rs. 5 Works More than

Lakh Rs. 5 Lakh

Enterprise or Exempted 3% of Order Value

Organization which are

exempted from paying

Tender Fee & EMD

For all other 5% of Order Value 5% of Order Value

Enterprises

Note: Security Deposit will be collected from the successful tenderer at the rates

mentioned above. This may be recovered by deduction through running bills of the

contractors and / or by treating the Earnest Money Deposit (Bid Security) paid at

the time of submission of the tender.

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 06 (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 work.

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 offer.

 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 Engineer.

 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.

10. COMPENSATION FOR THE DELAY:

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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:

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

EW- 279 PUR-F-006 RFQ-76356

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-in-charge from requiring bad, unsound, imperfect or

unskillful work to be removed and taken away and reconstructed or re-erected nor

EW- 279 PUR-F-006 RFQ-76356

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

of the Engineer-in-charge 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

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 any such materials supplied to him as aforesaid but

EW- 279 PUR-F-006 RFQ-76356

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

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 work.

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 be final.

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

EW- 279 PUR-F-006 RFQ-76356

default 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

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

37 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 Act, 1992."

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

EW- 279 PUR-F-006 RFQ-76356

in obtaining delivery of the same at the stores aforesaid and further overhead

charges 15%.

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 clause.

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.

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

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

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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 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. INDUSTRIAL LABOUR LAWS

Terms and Conditions regarding Labour L a w s

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)

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 contract.

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

EW- 279 PUR-F-006 RFQ-76356

the contract.

1) The Factories Act,

 Age Restriction

The contractor shall not deploy any worker below the age of 18 years or above the

age of 60 years for the awarded work.

 Payment of Earned Leave

Earned Leave shall be paid to all bona fide contract workers as per the provisions of

the Factories Act,

Payment of Earned Leave shall be made monthly together with wages to ensure

better compliance with the law.

 Maintenance of Earned Leave Register

The contractor shall maintain an Earned Leave Register in Form No. 19 as per

the provisions of the said Act and shall submit the same on demand.

 Maintenance of Statutory Records

All written registers, proformas, and statutory documents shall be maintained up to

date and kept ready for inspection at any time, or submitted on time to the

concerned authorities, as applicable under the relevant Acts by the contractor.

2) The Contract Labour (Regulation and Abolition)Act,1970

 Obtainment of Labour Licence

The Contractor/Agency shall obtain the Labour Licence under the Contract Labour

(Regulation & Abolition) Act from the appropriate authorities before

commencement of work.

Validity of Labour Licence

The contractor shall maintain a valid Labour Licence under the Contract Labour

(Regulation and Abolition) Act for employing the required manpower necessary for

execution of the contract.

Engagement of Contract Labour

The contractor shall not be allowed to engage fifty (50) or more contract labourers,

including supervisors and other staff, without initiating the process of obtaining a

Labour Licence under the Contract Labour Act.

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

EW- 279 PUR-F-006 RFQ-76356

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,1952

1. Separate P.F. Code

The contractor must possess a separate P.F. code in the name of the

Firm/Agency/Company itself for the subject work.

2. Coverage Under PF & Pension Schemes

It should be ensured that all the contract labourers engaged by the contractor

are covered under the Provident Fund Scheme and Employee’s Pension

Scheme, and their contributions must be remitted regularly to the concerned

Photocopies of challans along with the ECR in this regard shall be submitted

regularly to the User Department to enable onward billing clearance.

3. Monthly Submission of PF Deductions

The contractor shall submit, along with his monthly bill, a statement regarding

deductions against the Employee‟s Provident Fund and Family Pension Scheme

in respect of each concerned employee.

4. Rate of Contribution

Provident Fund and Family Pension Scheme contributions at the rate of 12%

of wages (or at the rates made applicable by the Government from time to time)

shall be deposited by the contractor with the concerned PF Authorities.

This includes both the contractor‟s contribution and the workers‟ contribution.

5) Work m en’s Compensation & Employer’s Liabi li ty

Insurance.

Obtainment of Employee Compensation Policy

The contractor shall obtain an Employee Compensation Policy under the

Employees’ Compensation Act before starting the work.

Insurance Coverage for All Workers

Employee Compensation Insurance shall be obtained for all workers engaged for the

execution of the awarded contract.

Insurance in Case of Sub-letting

If any part of the work is sub-letted, the contractor shall ensure that the sub-

contractor obtains and provides Workmen’s Compensation Insurance and

Employer’s Liability Insurance for the labourers engaged by them.

Liability for Compensation and Medical Expenses

The contractor shall be liable to pay compensation in case of any accidental injury

arising out of and in the course of employment, as per the Employees‟

EW- 279 PUR-F-006 RFQ-76356

Compensation Act.

The contractor shall also bear all medical expenses resulting from on-duty

accidents.

6) ThePaymentofGratuityAct,1972

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

7) The Payment of Bonus Act,1965

Entitlement to Bonus

Every worker shall be entitled to receive bonus from the contractor in an accounting

year, in accordance with the provisions of the Payment of Bonus Act.

Monthly Payment for Better Compliance

For better compliance, the contractor shall pay the bonus amount on a monthly

basis along with wages, calculated on a pro-rata basis per month.

Submission of Bonus Details

The contractor shall submit the details of bonus paid to its workers in Form No. C,

as prescribed under the Act, whenever required by the Government Authority as

well as by GSECL.

8) TheMaternityBenefitAct,1961

The contractor shall ensure that all entitled female workers are provided Maternity

Leave and all other applicable benefits as per the provisions of the Maternity

Benefit Act.

9) TheBuildingandotherConstructionWorkers’Act,1996

For any construction work falling under the definition of Section 2(1)(d), whether

it occurs inside or outside the factory premises, the said Act shall be applicable,

and the contractor or its sub-contractor shall be liable to comply with all 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

EW- 279 PUR-F-006 RFQ-76356

their engagement during the period of contract and terminate the same at

the end of the each contract.

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 shall contact the Labour Welfare

Officer / Industrial Relations Officer for completing all formalities related to

labour law compliance prior to commencement of the contract, as well as for

ongoing labour law compliance thereafter, so that no dispute arises in the

future regarding adherence to labour laws.

2. It is the responsibility of the contractor to ensure that the contractor‟s

employees maintain strict discipline with respect to security, safe working

methods, and conduct, and that they do not cause any hindrance to the

smooth running of the power station or to the duties performed by GSECL

Any lapse in this regard shall be viewed seriously, and if such lapse is found,

the contract is liable to be terminated.

If any of the contractor‟s staff is found unsuitable or behaves improperly, the

contractor shall remove such worker from the work-site immediately upon

demand by the Engineer-in-Charge (EIC).

Maintaining harmonious industrial relations among contract labourers is

solely the responsibility of the contractor. Any breach of this obligation will also

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

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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. If the contractor intends to engage labourers beyond the limit specified

under law, the contractor shall obtain the necessary forms as applicable:

 Form No. V under the Contract Labour (Regulation & Abolition) Act, 1970, or

 Form No. VI under the Interstate Migrant Workmen (Regulation of Employment

and Conditions of Service) Act, 1979, for the purpose of obtaining the Labour

Licence from the Licensing Authority.

6. It shall be the duty of the contractor or his supervisor to ensure bio-metric

punching and proper reporting at the designated work location.

7. The contractor shall employ an adequate number of experienced staff at the

site for daily supervision and for maintaining various registers and records

required under labour laws and the contract.

No payment shall be admissible to the contractor for such supervision.

8. The gate passes obtained for any specific work order shall be valid only for

that particular work order, and the contractor shall not divert the manpower

to any other work order.

If any work or part thereof is desired or required to be sub-let, the contractor

shall obtain the prior written permission of the Engineer-in-Charge (EIC).

This permission is mandatory for considering the statutory documents of any

agency other than the agency to whom the original work order was awarded.

12) During Contractual Work under the progress:

1. All contractors shall make the payment of wages to the contract labourers

engaged by them on or before the 7th of every month through the nearest

Nationalized Bank, preferably one situated within the power station premises.

EW- 279 PUR-F-006 RFQ-76356

The contractor shall submit a copy of the Bank Statement, duly stamped by

the concerned bank, as proof of wage payment through CLIMS / the

prevailing system at the relevant time.

2. All contractors shall comply with and maintain all statutory documents and

registers as required under the provisions of the Labour Laws and the EPF

3. In case the contractor has more than one contract in the same TPS, the

contractor shall obtain work-order-wise separate gate passes and submit the

same along with the statutory compliance documents, also on a work-order-

wise basis, every month to the User Department to enable onward billing

clearance.

(13) CONTRACTOR TO INDEMNIFY THE GSECL REGARDING LABOUR

Indemnification to GSECL

The contractor shall indemnify and keep indemnified the GSECL, and every member,

officer, and employee of GSECL, including the Engineer-in-Charge and his staff,

against all actions, proceedings, claims, demands, costs, and expenses whatsoever

arising out of or in connection with the matters referred to in the above clauses or

elsewhere.

The contractor shall also indemnify GSECL against all actions, claims, demands,

costs, and expenses which may be made against GSECL by any workman/employee

of the contractor or any sub-contractor, or arising from any liability in any manner

towards such workmen/employees under any laws, rules, or regulations in force,

including but not limited to the following:

 Employees‟ Compensation Act,

 Employees‟ Provident Fund Act,

 Contract Labour (Regulation and Abolition) Act,

Liability for Accidents and Injuries

GSECL shall not be liable for, or in respect of, or in consequence of any accident or

injury to any workman or any other person employed by the contractor or his sub-

contractor.

The contractor shall indemnify and keep indemnified GSECL against all such

damages, compensation, claims, demands, proceedings, costs, charges, and expenses

in relation thereto.

Compliance With Labour Laws at Contractor’s Risk and Cost

The contractor shall, at his own expense, risk, and cost, comply with all applicable

labour laws as mentioned above and shall keep GSECL indemnified in respect

Right of GSECL to Deduct Payments

GSECL shall be entitled and empowered to directly deduct from the bills payable to

the contractor or the contractor‟s sub-contractor any sum or sums which GSECL is

required to pay in its capacity as Principal Employer, due to the contractor‟s default

in complying with any provisions of labour laws.

EW- 279 PUR-F-006 RFQ-76356

The amount so deducted shall be recovered from the pending dues of the

contractor, along with 15% administrative charges.

Applicability of Rules, Regulations, and Circulars

Any rules, regulations, conditions, circulars, etc., currently in force or framed by

GSECL from time to time in connection with contracts shall be binding on and

acceptable to the contractor.

Additional Liabilities Under Labour Laws

The above are only some of the major liabilities of the contractor. In addition to these,

the contractor shall comply with all other liabilities prescribed under various labour

laws in force from time to time by statutory authorities such as the State

Government or the Government of India.

Authorized Representative

The contractor shall provide the name of the authorized representative, as

required to be submitted to other statutory Government authorities. The same shall

be notified to the Engineer-in-Charge from 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.

List of documents required for gate passes of contract

workers through clims/prevailing system

Description of documents attached

1 Copy of Work Order

2 Copy of P. F. Code No.

Insurance Policy as per subject of work order under the Workmen

Compensation Act,1923

Contract agreements/ subletting work contract documents with approval

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

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stamp paper in prescribed Performa (Annexure- “B”) with Agreement

and Indemnity Bond before the commencement of the contract.

Annexure-“B”

D E C LA R A TI O N CU M INDEMNITYBOND

(OnRs.300/-Non Judicial Stamp Paper duly notarized)

DECLARATION CUM INDEMNITY BOND

This Declaration cum Indemnity Bond made at _____________________ (mention

location) by M/s. __________________________________, having its Registered Office at

_________________________________________________________ (hereinafter referred to as

the “Contractor”, which expression shall, unless it be repugnant to the context or

meaning thereof, be deemed to mean and include its assigns, successors, executors,

sub-contractors and/or administrators) of the ONE PART,

In favour of

M/s. Gujarat State Electricity Corporation Limited, having its power station at

_________________ Thermal 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 and successors) of the

OTHER PART.

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 and Industrial Laws, as may be applicable from

time to time, for the discharge and completion of the works and services covered

under the Contract, including but not limited to:

 Contract Labour (Regulation & Abolition) Act,

 Child Labour (Prohibition and Regulation) Act,

 Employees‟ Provident Funds & Miscellaneous Provisions Act,

 Employees' State Insurance Act,

 Minimum Wages Act,

 Payment of Bonus Act,

 Payment of Wages Act,

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 Employees‟ Compensation Act,

 Factories Act,

and all other Labour Laws, Rules, Notifications, and Codes presently applicable to

the Contractor or that may become applicable during the tenure of the Contract

(hereinafter collectively referred to as the “Laws”)

AND WHEREAS the Contractor has agreed to execute this Declaration-cum-Indemnity

Bond to this effect and has further agreed to indemnify the Company, its Directors,

Officers, employees, and representatives, and keep them indemnified and harmless

against all third-party claims, charges, penalties, fines, expenses, losses, damages,

costs, suits or any other levy that may arise against the Company and/or its

management due to the failure of the Contractor to observe or comply with all

applicable laws.

NOW THIS DEED WI TN ES S ET H AS UNDER

1. The Contractor hereby declares that all acts, deeds, actions, activities, conduct,

lapses, delays, misdeeds, faults, breaches, inactions, etc., done by its assigns,

successors, executors, subcontractors and/or administrators shall be construed

as having been done by the Contractor, and the Contractor alone shall be liable

for all such acts, omissions, defaults, or failures.

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 hereby declares and represents to the Company that it has

obtained all statutory registrations, certificates, licenses, and approvals

required under the applicable 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 the non-compliance of any

applicable laws of the land by the Contractor in connection with the performance

of the Contract, the Contractor shall bear all the resultant liabilities whatsoever,

if any. The Company, its Directors, Officers, employees, and representatives shall

not be liable for any such liability (ies).

The Contractor undertakes to indemnify, defend, and keep the Company and its

Directors, Officers, employees, and representatives indemnified and harmless

against all losses, costs, damages, claims, penalties, interest, expenses, demands,

fines, legal liabilities, causes of action, injuries to persons, suits, etc., which may

be suffered, incurred, undergone, and/or sustained by the Company, including

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the costs and expenses that may be incurred in defending any such liability(ies),

claim(s), or proceeding(s) that may be made, taken, or arise thereon by any

person, body, authority, Government, or judicial/quasi-judicial authority, due to

the failure or non-compliance of any such laws and rules there under (including

any amendments to applicable Acts, laws, statutes, and rules).

This indemnity shall apply irrespective of whether such acts or omissions are

actual or alleged, active or passive, and shall extend to all matters arising out of

or in any way connected with the discharge of the said Contract.

4. The Contractor further declares that, in the event of any suit, claim, right,

damages, compensation, fine, levy, charges, expenses, losses, penalties, or costs

raised by any third party, including the contract labour engaged by the

Contractor, he shall join such proceedings before the concerned Court, Tribunal,

or Authority and shall effectively defend the same.

5. The Contractor hereby agrees and undertakes to make good any loss, damage,

claim, suit, demand, decree, or expenses that the Company may suffer, to the fullest

satisfaction of the Company. In the event the Contractor fails to make good the same,

the Company shall have the absolute right to recover such loss and/or any other

consequential loss sustained, without any restriction or limitation, together with any

incidental expenses, costs, and all related logistic expenses that may be incurred by

the Company, from the Contractor.

The Contractor further confirms and declares that this Declaration-cum-Indemnity

Bond is irrevocable and shall be final and binding upon him, his heirs, executors,

administrators, legal representatives, successors, subcontractors, and assigns,

wherever applicable.

Any claims or demands arising against the Contractor shall be adjusted against any

amount due and payable to the Contractor, and the Company shall have the right to

withhold any such amounts until the settlement of all claims, disputes, or obligations

towards the discharge of such liabilities.

6. This Declaration-cum-Indemnity Bond shall be governed by and construed in

accordance with the laws of India. Any dispute between the parties arising out of or

in connection with this Declaration-cum-Indemnity Bond shall be resolved through

the dispute resolution process prescribed in the General Conditions of the Contract

IN WITNESS WHEREOF, the Contractor has hereunto set their hand on the day,

month and year first written above.

SIGNED, SEALED AND DELIVERED

By the within-named “CONTRACTOR”

(Authorized Signatory)

Rubber Stamp of Firm/Company

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Full Name:

Designation:

In the presence of Witnesses:

1. Full Name:

Residential Address:

Contact No.:

Signature:

2. Full Name:

Residential Address:

Contact No.:

Signature:

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On Non-Judicial Stamp Paper of Rs.

To be submitted with NOTORIZED at the time of final bill

UNDERTAKING FOR LABOUR LAW COMPLIANCES

I, Proprietor / Owner / Partner /

Authorized Agent of M/s. do hereby declare and undertake

1. That in capacity of independent contractor for M/s.

(Sub-Contractor of M/s. ) worked as

Contractor at GSECL, GTPS Thermal Power Station for the nature of work

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.

2. 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 P.F. Code No. Place: for the month/s

of my contractual period and as such no amount towards contributions whatever is

3. 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 Principal Employer i.e.

Gujarat State Electricity Corporation Limited, GTPS due to my lapse, I undertake to

reimburse the same or the Principal Employer is authorized to deduct the same

from my dues as payable.

4. I further declare and undertake the legal consequences which may arise in future

under the said work awarded, and I bound myself to resolve the same at the risk

and cost of M/s.

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47.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 schedule.

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.

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 payment.

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

EW- 279 PUR-F-006 RFQ-76356

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 advance

48. 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 rules.

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 good.

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 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

n) Other recoveries. (If any)

49. WORK TO BE EXECUTED TO THE SATISFACTION OF THE ENGINEER -IN-

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.

50. MATERIALS WORKMANSHIP etc.:

The work shall be executed in thoroughly substantial manner with material and

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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.

51. 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.

52. 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.

53. 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 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.

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 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.

54.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.

55. 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.

56. 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 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

57. 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

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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 work.

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.

58. 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.

59. 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.

60. 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.

61. 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 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

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

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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.

62. 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.

63. 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 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.

64. OTHERCONTRACTS FOR THE WORK SUSPENSION STOPPAGEOR

CURTAILMENTS OF WORK

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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.