Job Work of BD-65 & 65/1 BEML Bulldozer

8 Section -7 Bill of Quantities

9 Section -8 Securities and Other Forms

10 Section -9 Drawings

11 Section -10 Documents to be furnished by Bidder

INVITATION FOR BID

NATIONAL COMPETITIVE BIDDING

1. The Executive Engineer, Irrigation Mechanical Division No. 5, Ahmedabad invites bids for

the construction of works detailed in the table.

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

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

No. value of works security document completion Registration

(Rs.) (Rs.) /Category of

1. Job Work of BD-65 & 65/1 BEML 10,74,648/- 11000/- 900/- 30 days E2 & above

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

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

at website https://tender.nprocure.com &www.state tenders.gujarat.gov.in.#Tender Terms &

Conditions are available on website. Any kind of amendments will be published only on online

and it will be final & binding to all.

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

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

Ahmedabad and in favor of ‘Executive Engineer, Irrigation Mechanical Division No.

Ahmedabad. Once the Bid is received online, Bid Document / Tender Fee will not be refundable.

As Per GoG R&B Department’s Circular No. PARACH/102/000/IB/221/ (59)/C.

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

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

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

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

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

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

send the same in original through R.P.A.D./ Speed Post/ Courier. so as to reach to #‘Executive

Engineer, Irrigation Mechanical Division No. 5, Ahmedabad within 7 Days from the last day

of bid submission.

If Tender fee and EMD is not paid as shown in bid document, action to hold his registration in

abeyance shall be taken and his E-tendering code will be cancelled for one year. In the case of

E.M.D. Exemption certificate, it shall have to be submitted electronically through online. Any

documents in supporting of tender bid shall be submitted in electronic format only through

online (by scanning etc.) & Hard copy will not be accepted separately. (As per NWRWSKD

Circular No.પરચ/૧૦૨૦૧૪/૦૧/M.I. CELL K-1 Dated 21/05/2022).

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

website https://tender.nprocure.comin the presence of the bidders or their authorized

representatives, who wish to remain present.

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

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

5. A pre bid meeting will be held on ………………………………at ………………………. hrs. at the office of to

clarify the issues and to answer questions on any matter that may be raised at that stage

as stated in clause 9.2 of ‘instructions to Bidders’ of the bidding documents. (Not Applicable)

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

rounded off to the next thousand rupees.

7. Other Information is as under:

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

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

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

in this regard shall be granted.

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

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

submission of Bids, will not be considered or accepted.

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

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

E. Conditional tender shall not be accepted.

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

liable to be rejected.

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

will be considered non-responsive.

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

given in the checklist /qualification document / tender document.

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

electronic format at appropriate places only.

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

disqualification.

K. Even if the bidder has been qualified in a similar or larger size of project in the past, it

shall not be deemed to be a ground / reason for not giving required information for this

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

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

necessary by the competent authority.

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

N. Mode of sending the tender: (a) In Sealed cover by Registered post only (b) Tender sent

by ordinary post will be outright rejected.

O. Description essential to be made on sealed cover: (a) Name of Work (b) Last Date of

Receiving the tender.

P. Mode of quoting rate in Bill of Quantity: In figures as well as words.

(Premium/Rebate/at par)

8.1 For the work costing up to 7.5 Crore or latest amendments

Following documents shall be submitted in required format as below:

A. In Electronic format through online by scanning and should be sent in original

(Physically) to the Tender opening authority through RPAD/Speed Post/Courier,

so as to reach the Executive Engineer within 7 days from on or before last day of

submission of Bid.

(i) Bid Document Fee/Tender Fee (After Remittance of Tender Fee

Tender is issued)

(ii) Bid Security / EMD OR certified copy of Valid EMD Exemption Certificate of

Appropriate Class of Registration of Approved Contractors (Physically

Submitted along with the tender)

(iii) Affidavit duly notarized on Rs.300 stamp paper (Physically Submitted

along with the tender)

B. In Electronic format through online by scanning only (No separate Hard Copies

(i) Fresh Registration Certificate in appropriate class (Certified Copy)

(ii) Bank Solvency Certificate which is 20% of Estimated cost/Bid Amount of

concern work) (Issued in Current Calendar Year) (Certified Copy)

(iii) G.S.T. Registration certificate (Certified Copy)

(iv) Pan Card Copy (Certified Copy)

(v) Certificate of Experience of similar works (In Form – G) duly be scanned and

uploaded. (Form 3-A Certified Copy)

(vi) Annexure – A (See Section- 8: Securities and Other Forms) attached

herewith (if required to perform fabrication/Repiring work at their

(vii) Annexure – B Mode of communication (See Section- 8: Securities and

Other Forms) attached herewith. If the Bidders fail to furnish above

information in their tenders are likely to be rejected.

(viii) Other documents as required or as specified in this Bidding Documents

8.2 For the work costing more than 7.5 Crore or latest amendments (PQ Bid)

(NOT APPLICABLE FOR THIS WORK.)

Following documents shall be submitted in required format as below:

A. In Electronic format through online by scanning and should be sent in original

(Physically) to the Tender opening authority through RPAD/Speed Post/Courier,

so as to reach the Executive Engineer within 7 days from last day of submission of

(i) Bid Document Fee/Tender Fee

(ii) Bid Security / EMD OR certified copy of Valid EMD Exemption Certificate of

Appropriate Class of Registration of Approved Contractors

(iii) Affidavit duly notarized on Rs. 300 stamp paper

B. In Electronic format through online by scanning only (No separate Hard Copies

(i) Fresh Registration Certificate in appropriate class (Certified Copy)

(ii) Bank Certificate and Undertaking for Evidence of Access to or Availability of

Credit Facilities

(iii) G.S.T. Registration certificate (Certified Copy)

(iv) Pan Card Copy (Certified Copy)

(v) Annual Turnover Certificate issued by Chartered Accountant of last five

financial year. (Certified Copy)

(vi) Qualification Information Form (with all supporting attachments)

(vii) Undertaking

(viii) Annexure – A (See Section- 8: Securities and Other Forms) attached

herewith (if required to perform fabrication work at their own workshop).

(ix) Annexure – B (See Section- 8: Securities and Other Forms) attached

herewith. If the Bidder fail to furnish above information in their tenders are

likely to be rejected.

(x) Other documents as required or as specified in this Bidding Documents

8.3 (I) Tender Inviting Authority: Executive Engineer, Irrigation Mechanical Division No.

Ahmedabad. (Email Id: [email protected])

(ii) Tender Opening Authority: Executive Engineer, Irrigation Mechanical Division No.

Ahmedabad (Email Id: [email protected])

INSTRUCTIONS TO BIDDERS

Section 1: Instructions to Bidders

Table of Clauses

Page No. Page No.

A. General D. Submission of Bids

1. Scope of Bid 10 19. Sealing & Marking of Bids

2. Source of Funds 10 20. Deadline for Submission of

3. Eligible Bidders 10 21. Late Bids

4. Qualification of the 10 22. Modification and

Bidder Withdrawal of Bid

5. One Bid per Bidder 14 E. Bid Opening and Evaluation

6. Cost of Bidding 14 23. Bid Opening

7. Site Visit 14 24. Process to be Confidential

B. Bidding Documents 25. Clarification of Financial

8. Content of Bidding 15 26. Examination of Bids and

Documents Determination of

9. Clarification of Bidding 15 27. Correction of Errors

10. Amendment of Bidding 16 28. Deleted

C. Preparation of Bids 29. Evaluation and Comparison

of Financial Bids

11. Language of Bid 17 30. Deleted

12. Documents Comprising 17 F. Award of Contract

13. Bid Prices 18 31. Award Criteria

14. Currencies of Bid and 18 32. Employer’s Right to Accept

Payment any Bid and to Reject any

15. Bid Validity 18 33. Notification of Award and

Signing of Agreement

16. Bid Security 18 34. Performance Security

17. Alternative Proposals By 19 35. Advance Payment and

Bidders Security

18. Format and Signing of Bid 20 36. Dispute Review Expert

37. Correct or Fraudulent

1. Scope of Bid

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

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

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

table given in IFB.

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

completion date specified in the Contract data.

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

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

2. Source of Funds

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

of India for centrally sponsored projects.

3. Eligible Bidders

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

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

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

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

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

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

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

affiliates, shall not be eligible to bid.

4. Qualification of the Bidder

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

preliminary description of the proposed work method and schedule, including

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

program of construction backed with equipment planning and deployment duly

supported with broad calculations and quality assurance procedures proposed to be

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

technical specifications, within stipulated period of completion.

#4.5 QUALIFICATION CRITERIA:

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

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

equipment capabilities and financial positions, as demonstrated by the

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

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

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

applicants compliance with the qualifying criteria.

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

experience and resources sufficient to meet the aggregate of the qualification criteria

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

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

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

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

Year Financial Year Multiplying factor

Base year of inviting

tender 20__-20__

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

by them without accounting for the above-mentioned factors.

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

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

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

the bid) will be applied for the purpose of conversion of the amount in foreign currency

into India rupees.

4.5.3. General Experience.

The Applicant shall meet with the following minimum criteria:

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

in progress and completed in all classes of Fabrication & Repairing work of

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

contract / contracts applied for.

(b) Work Experience:

Experience of successfully completing at least one single contract of Repairing

of Machineries as mention in BOQ/Schedule-B of at least 40 percent of the

value & Quantity of proposed contract within the last five years.

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

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

subcontractor, he should have acquired the experience of execution of all

major items of works under the proposed contract. In case a project has

been executed by a joint venture, weight towards experience of the

project would be given to each joint venture in proportion to their

financial participation in the joint venture.

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

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

to the last date of submission is 90% or more of the original contract

price) and continuing satisfactorily.

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

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

billing amount, date of commencement of works, satisfactory

performance of the contractor and any other relevant information.

4.5.4. Personnel Capabilities. (Applicable for the works which require Post Qualification)

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

4.5.5. Equipment Capabilities

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

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

construction schedule are shown in the Appendix.

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

a detailed construction planning and methodology supported with layout and

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

The numbers, types and capacities of each plant/equipment shall be shown in the

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

capacity to match the requirements.

4.5.6. Financial Position

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

assets (aggregate of working capital, cash in hand and uncommitted bank

guarantees) and / or credit facilities up to 25 percent of the value of the contract /

contracts applied. (Applicable for the works which require Post Qualification) N/A

The contractor shall have to submit Bank Solvency certificate (issued in current

calendar year) of Amount mentioned in appendix to ITB (20% of estimated cost

put to tender). It shall be issued by Scheduled bank or Nationalized Bank or Bank

approved for government business. Certified copy of solvency certificate be

scanned and uploaded. (Applicable For the work costing up to 7.5 Crore or latest

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

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

profitability including an estimated financial projection for the next two

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

(Applicable for the works which require Post Qualification)

4.5.8. Litigation History

The Applicant should provide accurate information on any litigation or arbitration

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

A consistent history of awards against the Applicant or any partner of a joint venture

may result in failure of the applicant.

4.5.9. Disqualification

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

disqualified if they have:

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

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

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

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

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

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

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

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

however, not affect the qualification of the individual partners.

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

only for estimated project cost of 50 Crore and above) (Not Applicable)

4.6.1. Joint ventures must comply with the following requirement:

(a) Following are the minimum qualification requirements:

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

& 4.5.6 above. The joint venture must collectively satisfy the criteria of para4.5.3 &

4.5.6 above. The experience of the other joint venture partners shall be considered

if it is not less than 30 percent of the qualifying criteria in para 4.5.3 &4.5.6 above.

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

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

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

several liabilities with respect to the contract.

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

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

venture, each one of the constituent firms may qualify if they meet all the qualification

requirements, subject to the written approval of the Employer.

4.7. Bid Capacity.

Applicants who meet the minimum qualification criteria will be qualified only if their

available bid capacity at the expected time of bidding is more than the total

estimated cost of the works. The available bid capacity will be calculated as under:

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

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

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

the completed as well as works in Progress.

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

be completed during the next (period of completion of work for which bids are

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

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

each partner to the extent of his proposed participation in the

execution of the work.

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

be disqualified if they have:

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

Attachments the submitted in proof the qualification requirements; and / or

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

completing the contract, inordinate delay in completion, litigation history, or

financial failures etc.; and/ or

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

unreasonably high bid prices and could not furnish rational justification to the

5. One bid per bidder

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

participates in more than one bid (other than as a subcontractor or in cases of

alternatives that have been permitted or requested) will cause all the proposals with

the bidder’s participation to be disqualified.

6. Cost of Bidding

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

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

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

examine the Site of work and its surrounding and obtain all information that may be

necessary for preparing the Bid and entering into a contract for construction of the

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

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

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

issued in accordance with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

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

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

parts (refer clause 12).

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

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

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

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

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

9. Clarification Bidding Documents

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

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

invitation to bid. The Employer will respond to any request for clarification which

he received earlier than (I) 7 Days (in case of tender notice period is equal to 15 days)

& (ii)10 days (in case of tender notice period is more than 15 days) prior to the

deadline for submission of bids. Employer’s response will be published on website

including a description of the enquiry but without identifying its source.

9.2. Pre-bid meeting (Not Applicable)

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

will take place at the address, venue, time and date as indicated in the appendix.

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

matter that may be raised at that stage.

9.2.3. The bidder shall be required to submit any questions in writing or e-mail to reach

the Employer not later than 03 days before the meeting.

9.2.4 Minutes of the meeting, including the question raised (Without identifying the source

of enquiry) and the responses given will be published without delay on the tender

website i.e. www.tender.nprocure.com. Any modification of the bidding

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

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

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

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

10. Amendment of Bidding Documents

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

documents by issuing addenda.

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

will assume no responsibility for the same.

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

account in preparing their bids, the Employer may, at his discretion, extend as

necessary the deadline for submission of bids, in accordance with Sub-Clause

C. PREPARATION OF BIDS

11. Language of the Bid

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

12. Documents Comprising the Bid

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

8.1) shall be in two separate parts:

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

(i) Bid Security in the form specified in Section

(ii) Qualification Information and supporting documents as specified in

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

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

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

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

(i) Form of Bid as specified in Section

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

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

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

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

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Drawings Volume IV

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

on the priced Bill of Quantities submitted by the Bidder.

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

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

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

contract, or for any other cause shall be included in the rates, prices and total Bid

Price submitted by the Bidder. (GST will be paid extra)

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

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

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

14. Currencies of Bid and Payment

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

All payments shall be made in Indian Rupees.

15. Bid Validity

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

for bid submission specified in Clause

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

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

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

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

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

in compliance with Clause 16 in all respects.

#16. Bid Security

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

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

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

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

Volume III (Bank Guarantee is applicable only for Bid Estimated Amount

of 01 Crore and above) and Bank Guarantee of Schedule and Private Banks shall

be considered as per GoG Finance Department’s Circular No.

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

b. Demand Draft or Fixed Deposit Receipt issued by any Scheduled Indian Bank

or a foreign Bank approved by the Reserve Bank of India.

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

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

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

Registration Certificate of Appropriate Class and Category of Approved

Contractors is required as eligible criteria of bidder.

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

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

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

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

as non-responsive.

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

end of the bid validity period specified in Sub-Clause

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

signed the Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

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

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

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

(I) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

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

intimated maximum three times within the validity period for negotiation,

if contractor does not respond in time, his Bid Security (EMD) will be forfeited and

his tender will be rejected. Punitive action will be taken on such contractors. (As

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

17. Alternative Proposals by Bidders.

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

documents, including the conditions of contract (including mobilization advance or

time for completion), basic technical design as indicated in the drawing

and specifications. Conditional offers or alternative offers will not be considered

further in the process of tender evaluation.

18. Format and Signing of Bid

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

of these Instructions to bidder as the “Technical Bid “and “Financial Bid” in separate

parts to be uploaded.

D. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

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

specified above not later than the date indicated in appendix.

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

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

of the Employer and the bidders previously subject to the original deadline will

then be subject to the new deadline.

22. Modification and Withdrawal of Bids

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

Clause 20 or pursuant to Clause

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

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

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

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

security pursuant to Clause

E. BID OPENING AND EVALUATION

23. Bid Opening

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

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

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

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

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

location on the next working day.

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

security furnished with each bid will be announced. If the bid security furnished

does not conform to the amount and validity period as specified in the invitation

for bid (ref. Column 4 and paragraph 3), and has not been furnished in the form

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

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

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

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

pursuant to Clause 12.1.

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

Documents with respect to any required clarification.

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

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

Committee will finalize the list of responsive bidders whose financial bids

are eligible for consideration.

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

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

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

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

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

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

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

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

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

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

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

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

23.8 In case bids are invited for more than one package, the order for opening of the

“Financial Bid” shall be in order of Estimated number of Bids from highest to

23.9 The Employer shall prepare minutes of the Bid opening, including the information

disclosed to those present in accordance with Sub-Clause 23.6.

24.1 Information relating to the examination, clarification, evaluation, and comparison

of Bids and recommendations for the award of a contract shall not be disclosed to

Bidders or any other persons not officially concerned with such process until the

award to the successful Bidder has been announced. Any effort by Bidder

to influence the Employer’s processing of Bids or award decisions may result in the

rejection of his Bid.

25. Clarification of Financial Bids

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

at his discretion, ask any Bidder for clarification of his Bid, including breakdowns

of unit rates. The request for clarification and the response shall be in writing or by

e- mail, but no change in the price or substances of the Bid shall be sought, offered,

or permitted except as required to confirm the correction of arithmetic

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

25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter

relating to his Bid opening to the contract is awarded. If the Bidder wishes to bring

additional information to the notice of the Employer, it should do so in writing.

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

bid comparison or contract award decision may result in the rejection of the

26. Examinations of Bids and Determination of Responsiveness

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

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

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

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

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

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

quantities, technical specifications, and drawings.

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

conditions and specifications of bidding documents, without material deviation or

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

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

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

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

would affect unfairly the competitive position of other Bidders presenting

substantially responsive Bids.

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

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

or withdrawal of the non-conforming deviation or reservation.

29. Evaluation and Comparison of Financial Bids

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

substantially responsive in accordance with Sub-Clause 26.2.

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

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

of the Bidding documents or otherwise result in unsolicited benefits for

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

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

Conditions of Contact, during the period of implementation of the Contract, will not

be taken in to account in Bid evaluation.

29.5. If the Bid of the successful Bidder is seriously unbalanced in relation to

the Engineer’s estimate of the cost of work to be performed under the contract the

Employer may require the Bidder to produce detailed consistency of those prices

with the construction methods and schedule proposed. After evaluation of the price

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

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

sufficient to protect the Employer against financial loss in the event of default of the

successful Bidder under the Contract.

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

priced low and which cannot be substantiated satisfactorily by the bidder may be

rejected as non-responsive.

F. AWARD OF CONTRACT

31. Award Criteria

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

has been determined.

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

the lowest evaluated Bid Price; and

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

which is the lowest evaluation in any of the packages opened earlier than the

one consideration.

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

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

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

evaluation bid price.

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

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

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

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

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

the Employer’s action.

33. Notification of Award and Signing of Agreement

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

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

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

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

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

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

the Contract called the “Contract Price”).

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

to the furnishing of a performance security in accordance with the provisions of

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

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

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

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

Agreement and deliver it to the Employer.

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

Employer will promptly notify the other Bidders that their Bids have

been unsuccessful.

34. Performance Security

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

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

Bank in the form set forth in Section 8 (the “Performance Security”) or Fixed

Deposit Receipt (F.D.R.) for an amount equal to 5% (five percent) of its

Contract Price. In case of bids mentioned below, the successful Bidder, along

with the Performance Security, shall also furnish to the Authority an irrevocable

and unconditional guarantee from a Bank in the same form given at

Section 8 towards an Additional Performance Security (The “Additional

Performance Security”) for an amount calculated as under:

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

but up to 20% of the Estimated Project Cost, then the Additional

Performance Security shall be calculated @ 20% of the difference in the

(I) Estimated Project Cost (as mentioned in Bid Document) - Minus

10% of the Estimated Project Cost and (ii) Contract Price offered by

the selected Bidder.

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

of the Estimated Project Cost, then the Additional Performance Security

shall be calculated @ 30% of the difference in the (I) Estimated Project

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

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

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

Performance Security.

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

stipulated date of completion of the project and the Additional Performance

Security shall be valid beyond 28 (twenty-eight) days of Project Completion Date.

Performance Security shall become refundable/releasable within 15 days after

certified project completion date subject to Fulfillment of contractual obligation and

settlement of all dues and claims. As per GoG Department’s Circular No.

NWRWSKD/0445/05/2026 Approved Date: 19-05-2026 or as per their latest

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

Bank Guarantee/Fixed Deposit Receipt (F.D.R.), it shall be issued either () at

the Bidder’s option, by a Nationalized/Scheduled Indian bank or (b) by a

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

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

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

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

34.1 shall constitute sufficient grounds for cancellation of the award and

forfeiture of the Bid Security.

35 Advance Payment and Security (Not Applicable)

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

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

in the Contract Data.

37. Corrupt of Fraudulent Practices

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

for award has engaged in corrupt or fraudulent practices in completing for

the contract in question and will declare the firm ineligible, either indefinitely or

for a stated period of time, to be awarded a contract with National Highways

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

that the firm has engaged in corrupt or fraudulent practices in completing for the

contractor, or in execution.

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

the Conditions of Contract.

respect to Section –I

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

Mechanical Div. No. 5, Ahmedabad”.

2. The last five years.

3. This Annual Financial Turnover Amount is Rs. 10,74,648.00 [Cl.4.5.3(a)]

4. Having Experience of satisfactorily completing at least [Cl.4.5.3 (b)]

one single contract job-work of similar work as per below.

(For work costing up to 7.5 cr)

Experience of repairing of Experience of work in Value of

Heavy Earthmoving Rs.4,29,859.00 (40% of

Machineries as mentioned in Estimate Cost)

BOQ/Schedule-B.

6. The cost of electric work is Rs. Not Applicable

7. The cost of water supply / sanitary works is Rs. Not Applicable

8. Liquid assets and / or availability of credit facilities is Rs N/A [Cl.4.5.6]

Bank Solvency of Amount Rs.2,14,930.00

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

10. The pre-bid meeting will take place at Not Applicable [Cl. 9.2.1]

11. The Technical Bid will be opened at the office of the Executive

Engineer, Irrigation Mechanical Division No. 5, Ahmedabad

Date & time as stated on Tender Notice

12. Address of the Employer: Executive Engineer, Irrigation Mechanical

Division No. 5, B-Block, 4th Floor Multistoried Bldg., Near Girdhar

Nagar Bridge, Asarwa Ahmedabad-380004.

14. The bid should be submitted latest by……………. [Cl. 20.1 & 20.2]

As stated on online NIT

15. The bid will be opened at …………………….

As stated on Tender Notice

16. The Bank Draft in favor of Executive Engineer, Irrigation

Mechanical Division No. 5, Ahmedabad

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

figure to a common base value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender 2026-2027

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

[Reference CL. 4.5.5]

(Not Applicable)

(Applicable for the works which require Post Qualification)

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

they propose to use on the work.

Sr. Plant or Locatio Age of Mak Capacit Approximat Remark

No machiner n Machinery e y e Value s

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

(Not Applicable)

# Employment of a qualified site Engineer by the Contractor.

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

this work as under: -

1. One graduate & One diploma Mechanical Engineers when cost of the work to be

executed is more than Rs.50 lakhs.

2. Minimum Two Diploma Mechanical Engineers when the cost of work is less than Rs.50

lakhs but more than Rs.5lakhs.

3. Minimum One Diploma Mechanical Engineer for the work when the cost of work to be

executed is less than Rs. 5 lakhs.

The Engineer so employed for the Government work must have sufficient experience to

handle the work independently. Such an Engineer shall remain present at the site of work

and he shall be responsible for the executive of whole work along with contractor.

In case the contractor or partner of the contractor firm is a Mechanical Graduate or

Diploma Engineer, Employment of a separate Engineer will not be necessary provided that

the Engineer partner himself attends the execution of the work on the site.

QUALIFICATION INFORMATION

QUALIFICATION INFORMATION

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

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

This information will not be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder

Place of registration

Principal place of business

Power of attorney of signatory of Bid

1.2 Total value of repairing of Heavy Earthmoving 2021-22: ………………….

Machinery / Vehicles performed in the last five years 2022-23: ………………….

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

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

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

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

similar nature over the last five years** and in current year before the submission

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

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

Employer (Rs. issue completion completion* reasons

Crore) of for delay&

order Completed

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

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

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

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

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

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

same name and style) in the last five years** and in current year before the

submission of the bid.

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

of the Employer Fabrication Machining Erection (indicate

1.4 Information on Bid Capacity (works for which bids have been submitted and

works which are yet to be completed) as on the date of this bid.

Descriptio Plac Contrac Name & Value Stipulated Value of Anticipate

n of works e& t No. Address Contra Period of Works* d of

State of ct (Rs. Completio remainin completio

Employer Cr) n g to be n

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

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

1.5 Availability of key items of Contractors Equipment for carrying out the works (Ref.

Clause 4.5.5). The Bidder should list all the information requested below.

Requirement Remarks

Availability Proposal

No. Capacity Owned/Leased Nos./ Age/ whom to

to be procured Capacity Conditions be

1.6 Qualifications and experience of key personnel required for administration and

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

the Conditions of Contract.

Position Name Qualification Experience

1.7 Proposed sub-contract and firms involved.

Sections of the Value of Sub- Experience in

works Contractor similar work

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

sanitary work/ building electrification works.

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

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

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

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

Bank Certificate and Undertaking for Evidence of Access to or Availability of Credit Facilities

up to 25% of Contract Value i.e.………… Lakh Rs. (Not Applicable)

1.10 Name, address, and telephone, WhatsApp number, Email id and fax numbers of the

Bidders bankers who may provide references if contacted by the Employer.

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

Other Party Cause of Amount

Employer showing

(ies) Dispute Involved

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

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

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

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

documents. (Refer ITB Clause 4.1)

3. Additional Requirements

3.1 Bidders should provide any additional information required to fulfill

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

(ii) Undertaking

* Fill the name of consultant

(Not Applicable)

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR

AVAILABILITY OF CREDIT FACILITIES

(Applicable for the works which require Post Qualification)

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

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

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

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

meet their working capital requirements for executing the above during the contract

Senior Bank Manager

Address of the Bank

(To be notarized on Rs.300 Stamp paper)

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

attachments are true and correct.

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

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

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

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

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

corporation to furnish pertinent information deemed necessary and requested by

the Department to verify this statement or regarding any (our) competence and

general reputation.

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

be requested, and agrees to furnish any such information at the request of the

Department/ Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

(Not Applicable)

(Applicable for the works which require Post Qualification)

I, the undersigned do hereby undertake that our firm

M/s……………………………………………………….…………………………. would invest a minimum

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

(Signed by an Authorized Officer of the Firm)

Title of Officer

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A. General Page D. Cost Control Page

1. Definitions 42 37. Bill of Quantities

2. Interpretation 43 38. Changes in the Quantities

3. Language and Law 44 39. Variations

4. Engineer’s Decisions 44 40. Payments for Variations

5. Delegations 44 41. Cash Flow Forecasts

6. Communications 44 42. Payment Certificates

7. Sub-Contractors 44 43. Payments

8. Other Contractors 44 44. Compensations Events

9. Personnel 45 45. Tax

10. Employer’s & Contractor Risk 45 46. Currencies

11. Employers Risks 45 47. Price Adjustment

12. Contractor’s Risk 45 48. Retention

13. Insurance 45 49. Liquidated damages

14. Site Investigations Reports 46 50. Bonus

15. Queries about the Contract 46 51. Advance Payment

16. Contractors to Construct the works 46 52. Securities

17. The Works to be Completed by the 46 53. Deleted

Intended Completion Date

18. Approval by the Engineer 46 54. Cost of Repair

19. Safety 46 E. Finishing the Contract

20. Discoveries 46 55. Completion

21. Possession of the Site 47 56. Taking Over

22. Access to the Site 47 57. Final Account

23. Instructions 47 58. Operating and Maintenance

24. Disputes 47 59. Terminations

25. Procedure for Disputes 48 60. Payment upon Terminations

26. Deleted 48 61. Property

B. Time Control 62. Release from Performance

27. Program 49 F. Special Conditions of

28. Extensions of the Intended 49 63. Labor

completion date

29. Deleted 49 64. Compliance with labor

30. Delays Ordered by The 49 65. Arbitration

31. Management Meetings

32. Early Warning

C. Quality Control

33. Identifying Defects

35. Correction of Defects

36. Uncorrected Defects

CONDITIONS OF CONTRACT

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

of Contract but keep their defined meaning.

Bill of Quantities means the priced and completed Bill of

Quantities forming part of the Bid

Compensation Events are those defined in Clause 44 hereunder

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

by the Engineer in accordance with Sub Clause

The Contract is the contract between the Employer and Contractor to

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

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

The Contract data defines the documents and other information which

comprise the Contract.

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

Work has been accepted by the Employer.

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

the Contractor to the Employer and includes Technical and Financial Bids.

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

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

Days are calendar days: months are calendar months.

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

calculated from the Completion Date.

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

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

competent person appointed and notified to the contractor to act in replacement

of the Engineer) who is responsible for supervising the Contractor, administering

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

Variations to the Contract, awarding extensions of time, and valuing the

Compensations Events.

Equipment is Contractor’s machinery and vehicles brought temporarily

to the site to construct the Works.

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

Letter of Acceptance.

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

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

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

only by the Engineer by issuing an extension of time.

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

for incorporation in the works.

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

electrical, electronic or chemical or biological functions.

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

Site Investigation Reports are those which were included in the Bidding

documents and are factual interpretive reports about the surface and subsurface

conditions at the site.

Specifications means the Specifications of the works included in the

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

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

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

necessarily coincide with any of the Site Possession Dates.

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

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

Temporary Works are works designed, constructed, installed, and

removed by the Contractor which are needed for construction or installation of

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

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

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

2. Interpretation

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

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

significance. Words have their normal meaning under the language of the

Contract unless specifically defined. The Engineer will provide instructions

clarifying queries about Conditions of Contract.

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

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

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

the Completion Date and Intended Completion date for the whole works)

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

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

(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

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

3. Language and Law

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

the Contract Data.

4. Engineers Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide

contractual matters between the Employer and the Contractor in the role

representing the Employer.

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

after notifying the Contractor and may cancel any delegation after notifying the

6. Communications

6.1 Communications between parties which are referred to in the conditions are

effective only when in writing. A notice shall be effective only when it is

delivered (in terms of Indian Contract Act).

7. Sub-Contracting

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

contract data, with the approval of the engineer but may not assign the Contract

without the approval of the Employer in writing. Subcontracting shall not alter

the Contractor’s obligations. Sub-contracting of supply or specific items of

work is not allowed.

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

part of work to be subcontracted.

8. Other Contractors

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

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

of another Contractor. The Contractors shall as refer to in the Contract Data,

also provide facilities and services for them as described in the

Schedule. The employer may modify the schedule of other contractors and shall

notify the contractor of any such modifications.

9.1 The Contractor shall employ the key personnel named in the Schedule of Key

Personnel as referred to in the Contract Data to carry out the functions stated

in the Schedule or other personnel approved by the Engineer. The Engineer

will approve any proposed replacement of key personnel only if their

qualifications, abilities, and relevant experience are substantially equal to or

better than those of the personnel listed in the Schedule.

9.2 If the engineer asks the Contractor to remove a person who is a member of the

Contractor Staff or his work force stating the reasons the Contractor shall

ensure that the person leaves the Site within seven days and has no further

connection with the work in the Contract.

10. Employer’s and Contractors Risks

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

and the Contractor carries the risks which these Contracts states are

Contractor’s risk.

11. Employer’s Risks

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

directly affect the execution of the Works, the risks of war, hostilities, invasion,

act of foreign enemies, rebellion, revolution, insurrection or military or usurped

power, civil war, riot commotion or disorder (unless restricted to the

Contractor’s employees), and contamination from any nuclear fuel or nuclear

waste or radioactive toxic explosive.

12. Contractor’s Risks

12.1 All risks of loss of or damages to physical property and of personal injury and

death which arise during and in consequence of the performance of the

Contract other than the excepted risks are the responsibility of the

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

Contractor, insurance cover from the Start date to the end of the Defects

Liability Period, in the amounts and deductibles stated in the Contract data for

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

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

(b) Loss of or damage to Equipment

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

Equipment) in connection with the Contract; and

(d) Personal injury or death.

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

Engineer for the Engineer’s approval before the Start Date. All such insurance

shall provide for compensation to be payable in the types and proportions of

currencies required to rectify the loss or damage incurred.

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

of the Engineer.

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

14. Site Investigation Report

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

referred to in the Contract Data, supplemented by any information available to

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

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

specification and Drawings.

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

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

shall carry out the Works in accordance with the program submitted by the

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

by the Intended Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the

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

comply with the Specifications and drawings.

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

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

of the Temporary works.

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

Temporary works where required.

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

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

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

20. Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly

discovered on the site is the property of the Employer. The contractor is to

notify the engineer of such discoveries and carry out the Engineer’s

instructions for dealing with them.

21. Possession of the Site

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

possession of a part is not given by the date stated in the Contract Data the

Employer is deemed to have delayed the start of the relevant activities and this

will be a Compensation Event.

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

handed over to the Contractor, then contractor/ Employer may fore-close the

contract. Contractor/Employer has to foreclose the work within 30 days after

lapse of 25%-time limit and after 30 days foreclosure option will be closed.

22. Access to the Site

22.1 The Contractor shall allow the Engineer and any person authorized by the

Engineer access to the Site, to any place where work in connection with the

Contract is being carried out or is intended to be carried out and to any place

where materials or plants are being manufactured/ fabricated/ assembled for

23. Instructions

23.1 The Contractor shall carry out all instructions of the Engineer pertaining to

works which comply with the applicable laws where the site is located.

23.2 The Contractor shall permit the Employer to inspect the Contractor’s

accounts and records relating to the performance of the Contractor and to have

them audited by auditors appointed by the Employer, if so, required by the

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

outside the authority given to the Engineer by the Contract or that the decision

was wrongly taken, the decision shall be referred to

#Superintending Engineer (Higher Authority) within 14 days of the

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

refer the matter for conciliation within 15 days from the decision given by the

#Superintending Engineer.

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

the decision of the #Superintending Engineer, both the parties have to

refer to the Chief Engineer concern for the conciliation process.

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

with the decision of the #Superintending Engineer, both the parties

have to refer to the #Secretary, Narmada, Water Resource, Water

Supply & Kalpa Department, Government of Gujarat for the conciliation

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

dispute to Gujarat Public Works Contract Dispute Arbitration Tribunal. If the

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

of the notification of the Engineer's decision, the Contractor shall not be entitled

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

stipulated time and he should not stop the work.

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the arbitration

procedure stated in the Special Conditions of Contract.

B. TIME CONTROL

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

Engineer for approval a Program showing the general methods,

arrangements orders, and timing for all the activities in the works along with

monthly cash flow forecast.

27.2 An update of the Program shall be a Program showing the actual progress

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

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

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

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

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

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

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

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

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

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

Variations and Compensations events.

28. Extension of the Intended Completion Date

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

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

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

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

to incur additional cost.

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

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

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

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

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

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

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

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

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

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

employer fails to give his acceptance, the Engineer shall not grant the

extension and the contractor may refer the matter under Clause

30. Delays Ordered by the Engineer

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

activity within the works.

31. Management Meetings

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

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

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

accordance with the early warning procedure.

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

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

Employer. The responsibility of the parties for actions to be taken is to be

decided by the Engineer either at the management meeting or after the

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

32. Early Warning

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

likely future events or circumstances that may adversely affect the quality of

the work, increase the Contract price or delay the execution of works. The

Engineer may require the contractor to provide an estimate of the expected

effect of the future event or circumstance on the contract price and

completion date. The estimate is to be provided by the Contractor as soon as

reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and considering

proposals for how the effect of such an event or circumstance can be avoided or

reduced by anyone involved in the work and in carrying out any resulting

instruction of the Engineer.

C. QUALITY CONTROL

# 33. Identifying Defects/ Defect liability period

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

remedy at his own expense any defect which may develop or may be noticed

before the period mentioned hereunder from the certified date of completion.

The Engineer in charge shall give the contractor a notice in writing about the

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

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

in-charge may rectify or remove or re-execute the work at the risk & cost of the

contractor. The Engineer-in-charge shall be entitled to appropriate the whole

or any part of the amount of security deposit towards the expenses, if any,

Incurred by him in rectification, removal or re-execution. The Defects Liability

period shall be as under….

A. For works of WRD Except Building

(a) (1) For all works costing up to Rs. 50,000 (amount put to tender), the period

shall be 3 Months from the certified date of completion.

(b)(1) For WRD works likes Check Dam/ Canal / Drainage / Road Structure tender

amount from RS. 50,000 to 10,00,000, the defect liability period shall be

months from the certified date of completion.

(2) For WRD work except likes Check Dam/ Canal / Drainage / Road Structure

tender amount from RS. 50,000 to 10,00,000, the defect liability period shall be

6 months from the certified date of completion.

(c) (1) For WRD works likes Check Dam/ Canal / Drainage / Road Structure tender

amount more than RS. 10,00,000, the defect liability period shall be 3Years from

the certified date of completion.

(2) For WRD work except likes Check Dam/ Canal / Drainage / Road Structure

tender amount from RS. 10,00,000 to 1 Crore, the defect liability period shall

be 12 months from the certified date of completion.

(d)(1) For all WRD works of tender amount more than RS. 1 Crore, the defect

liability period shall be 3 Years from the certified date of completion

B. For Building works of WRD: - NOT APPLICABLE

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

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

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

following the certified date of completion, whichever is later.

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

treated as the last date.

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

33.2 For Road Works: NOT APPLICABLE

Free maintenance guarantee period for works of Road/Bridge construction

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

from the date of completion.

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

contractor shall have to give four years free maintenance guarantee from

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

the site every six months along with the concerned Section

Officer / Deputy Executive Engineer and will examine the work already

carried out in this contract like road work, jungle cutting, side shoulders,

side gutter, road furniture, Patta etc. and will prepare Km. wise inspection

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

within 15 days by the contractor at his risk and cost as per the direction of

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

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

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

provide renewal coating as per tender item as directed by the Engineer-in-

charge. The amount equivalent to 5% of each running bill shall

be withheld and will be released after the free maintenance guarantee

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

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

pledged in the name of Executive Engineer after completion certificate of

work is issued.

(1) The flakiness and elongation index (combined) for coarse aggregates under

no circumstances shall exceed the allowable limit set forth in the relevant

clause for the material in question.

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

withheld till the miscellaneous items like earthwork in embankment /

cutting for side shoulders, side gutters, kilometer / indicator / guard stones,

sign boards etc. are completed in all respect by the contractor. After

completion of the miscellaneous items, the above said 2% withheld amount

shall be released.

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

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

per Govt. letter No.: SSR/10/2015-16/26/C, did. 26/11/15 for the work

costing more than Rs. 5.00 Crore.

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

The contractor shall have to set up the laboratory with adequate

equipment. Till the setting up of adequate laboratory is completed &

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

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

The qualified quality Engineer shall be deployed exclusively for this

contract by the contractors. If quality Engineer is not

deployed by contractor within one month after the date of work order, the

amount equivalent to Rs.20,000 per month shall be recovered till the actual

deployment of quality engineer. The amount so recovered towards the

deployment of quality engineers shall not be refunded.

(5) Asphalt work will have to be cross checked as per G.R. No.:

RGN/60/2006/35/C, dtd.31/05/07 before final bill is paid.

(6) Maintenance during Construction Period

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

and cost, the existing lane(s) of the road so that the traffic worthiness and safety

thereof are at no time materially inferior as compared to their condition

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

necessary repair and maintenance works for this purpose; provided that the

Contractor may, at his cost, interrupt and divert the flow of traffic if such

interruption and diversion is necessary for the efficient progress of works

and conforms to Good Industry Practice; provided further that such

interruption and diversion shall be undertaken by the Contractor only with

the prior written approval of the Executive Engineer which approval shall not

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

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

road. NOT APPLICABLE

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

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

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

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

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

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

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

the test shall be a Compensation Event.

34.2 #1% of the amount of work done for works up to Rs.10 crore of estimate cost

should be deducted from R.A. Bill of the contractor for testing the quality of

material workmanship. Whereas for estimated cost of works more than

crores, the charges for testing of quality of material workmanship shall be

deducted from R.A. bill of contractor as per actual charges. As Per GoG NWRWS

& K Department’s Circular No. PARCH/132023/401/MICELL Dated:

05/10/2023. (Not Applicable)

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

carried out in the work for this purpose agency shall construct a

pukka laboratory building with all facility on site at location specified

by the engineer in charge. NOT APPLICABLE

35. Correction of defects

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

the defects Liability Period, which begins at Completion and is defined in the

contract data. The Defects Liability Period shall be extended for as long as

Defects remain to be corrected.

35.2 Every time notice of a Defect is given; the Contractor shall correct the notified

defect within the length of time specified by the Engineer’s notice.

36. Uncorrected Defects

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

Engineer’s notice, the Engineer will assess the cost of having the Defect

corrected, and the Contractor will pay this amount.

D. COST CONTROL

37. Bill of Quantities

37.1 The bill of Quantities shall contain items for the constructions, installation,

testing and commissioning work to be done by the Contractor.

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

paid for the quantity of the work done at the rate in the Bill of Quantities for

38. Change in the Quantities

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

original specifications , drawings, designs and instructions that may appear to

him to be necessary or advisable during the progress of the work and the

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

instruction in this connection which may be given to him in writing signed by

the Engineer and such alteration shall not invalidate the contract and any

additional work which the contractor may be directed to do in the manner

above specified as part of the work shall be carried out by the contractor on the

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

the same rate as are specified in the tender for the main work.

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

by more than 130%, the contractor will be paid for the quantity in excess of

130%, at the rate entered in the SOR of the year during which the excess in

quantity is first executed.

39.1 All Variations shall be included in updated Programs produced by the

40. Payments for Variations

40.1 If the additional or altered work includes any class of work for which no rate is

specified in this contract, then such class of work shall be carried out as under.

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

to the one involving additional or altered class of work; where there is more

than one comparable item, the item of the contract which

is nearest in comparison with regard to class or classes of the work involved

shall be selected and the decision of the Superintending Engineer as to the

nearest comparable item shall be final and binding on the contractor.

(ii) If the rate cannot be derived in accordance with (I) above, such class of

works shall be carried out at the rate entered in the Schedule of Rates of the

division for the year in which the tender was received, increased or

decreased by the percentage by which the tender amount is more or

less as compared to the amount arrived at the rates in the “Schedule of

Rates” of the Division in the year in which the tender was received. If the

Schedule of rates of the Division does not contain all the items, the

percentage increase or decrease of the tender shall be calculated

considering such items which were included in the “Scheduled Rates” of the

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

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

S.O.R. referred to above.

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

work shall be carried out at the rate decided by the competent authorities

on the basis of detailed rate analysis after hearing the contractor before a

Committee of two Superintending Engineers stationed at the same place or

the nearest place.

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

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

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

of the order to carry out the work, inform the Engineer-in-charge of the rate,

which it is his intention to charge for such class of work and if the Engineer in

charge does not agree to this rates, he shall by notice in writing be at liberty to

cancel his order to carry out such class of work and arrange to carry it out in

such manner as he may consider it advisable, provided always that if the

contractor shall commence work or incur any expenditure in regard thereof

before the rates shall have been determined as lastly herein before

mentioned, then in such cases he shall only be entitled to be paid in respect of

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

determination of the rate as aforesaid according to such rate or rates as shall be

fixed by the Engineer-in-charge. In the event of the dispute, the decision of the

Superintending Engineer of the Circle shall be final.

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

drawings and specifications recommended by the contractor and accepted by

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

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

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

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

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

proportion shall be final and conclusive.

41. Cash Flow Forecasts (Not Applicable)

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

updated cash flow forecast.

42. Payment certificates.

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

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

42.2 The Engineer shall check the Contractor’s monthly statement within 14 days

and certify the amount to be paid to the Contractor after taking in to account

any credit or debit for the month in question in respect of materials for the

works in the relevant amounts and under conditions set forth in sub-clause

of the Contract Data (secured Advance).

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

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

in the Bill of Quantities completed.

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

compensation events.

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

the proportion of any item previously certified in any certificate in the light of

later information

43.1 Payments shall be adjusted for deductions for advance payments, retention, other

recoveries in terms of the contract and taxes at source, as applicable under the

law. The Employer shall pay the Contractor the amounts certified by the

Engineer within 28 days of the date of each certificate.

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

the Contractor will be made by the Employer. Hence, it is the responsibility of

the contractor to pay the GST to the concerned Authority.

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

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

44. Compensation events

44.1 The following are compensation Events unless they are caused by

the Contractor:

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

Possession date stated in Contract data to the Contractor

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

completed beyond the Intended Completion Date then Authority will approve

EOT with eligible contractual price escalation.

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

due date of bid submission except GST. However, any subsequent changes in

the tax structure by Government after due date of bid submission will be

compensated (+/-) on availability or submission of actual documentation.

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

structure after bid submission. If the contractor fails to provide such

information and if any financial obligation may arise due to change in tax

structure, same will be recovered from the contractor.

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

contractor to pay the GST to the concerned Authority.

46. Currencies.

46.1 All payment shall be made in Indian Rupees.

47. Price Adjustment (Not Applicable)

47.1 Contract price shall be adjusted for increase or decrease in rates and price of

labor, materials, fuels and lubricants in accordance with the following

principles and procedures and as per formula given in the contract data:

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

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

extensions granted by the Engineer and shall not apply to the work carried

out beyond the stipulated time for reasons attributable to the contractor.

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

formula given in the contract data.

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

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

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

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

for works executed under variations for which price adjustment will

be worked separately based on the terms mutually agreed.

47.2 To the extent that full compensation for any rise or fall in costs to the contractor

is not covered by the provisions of this or other clause in the contract, the unit

rates and prices included in the contract shall be deemed to include amounts to

cover the contingency of such other rise or fall in costs.

48. Retention –

48.1 The Employer shall retain from each payment due to Contractor the

proportion stated in the Contract Data until Completion of the whole of the

48.2 On Completion of the whole of the Works half the total amount retained is repaid

48.2 On Completion of the whole of the Works half the total amount retained is repaid

to the Contractor and half when the Defects Liability Period has passed and the

Engineer has certified that all Defects notified by the Engineer to the Contractor

before the end of this period have been corrected.

48.3 On completion of the whole works, the contractor may substitute retention

money with an “on demand” Bank guarantee.

In case, Contractor requests for refund of the Retention Money

deducted by the Employer under the provision of this clause, Employer shall

consider the said request of the Contractor provided that the refund

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

Contract Price and Contractor furnishes an irrevocable and unconditional

Bank guarantee for an equal amount substantially in the format of Fixed

Deposit Receipt (F.D.R.) or Bank Guarantee for Performance Guarantee

enclosed with SBD and valid up to 60 day beyond the scheduled / extended

Defects Liability Period. On completion of the whole works, the contractor has

however an option to submit a fresh irrevocable and unconditional Bank

Guarantee for an amount equal to 5% of the total value of work executed

substantially in the format of Fixed Deposit Receipt (F.D.R.) Bank Guarantee for

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

Defect Liability Period and yet refund the Retention Money Bank

Guarantee submitted for refund of Retention Money.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per

day stated in the Contract Data for each day that the Completion Date is later

than the Intended Completion Date (for the whole works or the milestone as

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

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

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

liquidated damages from payment due to the Contractor. Payment of

liquidated damages does not affect the Contractor’s liabilities.

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

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

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

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

payment to the date of repayment.

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

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

stated in the Contract Data as Liquidated damages for such default and not as

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

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

the works on the relevant section, subject to the limit stated in the contract

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

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

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

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

obligations and liabilities under the contract.

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

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

Works or of a Section, the liquidated damages for delay in completion of the

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

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

alternative provisions in the Contract, be reduced in the proportion which the

value of the part so certified bears to the value of the whole of the Works or

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

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

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

intended Completion Date prescribed in Contract Data the Employer shall pay

to the contractor a sum stated in Contract Data as bonus for every completed

month but subjected to maximum amount as stated in Contract Data;

which shall elapse between the date of completion of all items of works

as stipulated in the contract, including variations ordered by the Engineer

and the time prescribed in Clause

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

limit of the works is equal or more than 6 months. The bonus would be paid as

% of Time Saved % of Initial Contract Price

entitled for Bonus

Less than 10% 0%

51. Advance Payment. Not Applicable

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

than two installments except in special circumstances for which the reason

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

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

by the Contactor of an Unconditional Bank Guarantee in a form and by a

bank acceptable to the Employer in amounts and currencies equal to be at

least 110% of the advance payment. The guarantee shall remain effective until

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

progressively reduced by the amounts repaid by the Contractor. The

Mobilization advance would be

deemed as interest bearing advance at an interest rate of 10 % to be

compounded, quarterly.

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

and Mobilization expenses required specifically for execution of the Works. The

Contractor shall demonstrate that advance payment has been used in this way

by supplying copies of invoices or other documents to the engineer.

51.3 The advance payment shall be repaid by deduction proportionate amount from

payments otherwise due to the Contractor, following the schedule of completed

percentages of the Works on a payment basis. No account shall be taken of the

advance payment or its repayment in assessing valuations of work done,

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

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

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

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

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

performance Security shall be valid until a date 60 days from the certified date

of completion of the project and the additional security for unbalanced bids

shall be valid until a date 28 days from the date of issue of the certificate of

completion of the work.

Performance and Additional Performance Security shall become

refundable/releasable within 15 days after project certified completion date

subject to fulfillment of contractual obligation and settlement of all dues and

claims. As per GoG Department’s Circular No. NWRWSKD/0445/05/2026

Approved Date: 19-05-2026 or as per their latest amendment.

54. Cost of Repairs.

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

between the Start date and the end of Defects Correction periods shall be

remedied by the Contractor at the Contractor’s cost if the loss or damages arises

from the Contractor’s acts or omissions.

E. FINISHING THE CONTRACT

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

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

56. Taking Over

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

Engineer issuing a certificate of Completion.

57. Final Account

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

amount that the Contractor considers payable as full and final settlement of all

claims under the Contract for items before the end of the Defects Liability

Period. The Engineer shall issue a Defect Liability Certificate and certify any

final payment that is due to the Contractor within 56 days of receiving the

Contractor's account if it is correct and complete. If it is not, the Engineer shall

issue within 56 days a schedule that states the scope of the corrections or

additions that are necessary. If the Final Account is still unsatisfactory after

it has been resubmitted, the Engineer shall decide on the amount payable to the

Contractor and issue a payment certificate, within 56 days of receiving the

Contractor’s revised account.

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

and savings in final account is observed, the Engineer/Employer shall be at

liberty to restrict the final payment of BOQ items to the lowest amount

evaluated of the bids considering the final quantities and the rates quoted

including the rebates if any. Payment of variation items shall however be made

at the rates approved by the Employer, within 90 days from the physical

completion of work.

58. Operating and Maintenance Manuals (Not Applicable)

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

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

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

stated in the Contract data, or they do not receive the Engineer’s approval, the

Engineer shall withhold the amount stated in the Contract Data from

payments due to the Contractor.

59. Termination

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

causes a fundamental breach of the Contract. 59.2 Fundamental breaches of

Contract include, but shall not be limited to the following:

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

on the current Program and the stoppage has not been authorized

by the Engineer

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

and the instructions is not withdrawn within 28 days;

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

other than for a reconstructions or amalgamation

4. A payment certified by the Engineer is not paid by the Employer to

the Contractor within 56 days of the date of the Engineer’s certificate

5. The Engineer gives Notice that failure to correct a particular Defect is a

fundamental breach of Contract and the Contractor fails to correct it within

a reasonable period of time determined by the Engineer;

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

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

for which the maximum number of liquidated damages can be paid as

defined in the Contract data; and

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

fraudulent practices in competing for or in executing the Contract.

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

offering, giving, receiving or soliciting of anything of value to influence the

action of a public official in the procurement process or in contract execution.

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

a procurement process or the execution of a contract to the detriment of the

borrower, and includes collusive practice among Bidders (prior to or after bid

submission) designed to establish bid prices at artificial non-competitive levels

and to deprive the Borrower of the benefits of free and open

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

Engineer for a cause other than those listed under Sub Clause 59.2 above, the

Engineer shall decide whether the breach is fundamental or not.

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

60. Payment upon Termination

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

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

less advance payments received up to the date of the issue of the certificate, less

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

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

completed as indicated in the Contract data. Additional Liquidated

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

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

payment due to the Contractor the difference shall be a debt payable to the

60.2 If the Contract is terminated at the Employer’s convenience or because of

a fundamental breach of Contract by the Employer, the Engineer shall issue

a certificate for the value of the work done, the cost of balance material brought

by the contractor and available at site, the reasonable cost of removal of

equipment, repatriation of the Contractor’s personnel employed solely on the

works, and the Contractor’s cost of protecting and securing the Works and

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

recoveries due in terms of the contract and less taxes due to deducted at

source as per applicable law.

61.1 All materials on the Site, Plant Equipment’s, Temporary Works and Works are

deemed to be property of the Employer, if the Contract is terminated because

of a contractor’s default.

62. Release from Performance

62.1 If the Contract is frustrated by the outbreak of war of by any other event entirely

outside the control of either the Employer or the Contractor the Engineer shall

certify that the Contract has been frustrated. The Contractor shall make the Site

safe and stop work as quickly as possible after receiving this certificate and shall

be paid for all work carried out before receiving it and for any work carried out

afterwards to which commitment was made.

F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract, make

his own arrangements for the engagement of all staff and labor, local or other,

and for their payment of housing, feeding and transport.

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

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

may prescribe, showing the staff and the numbers of the several classes of labor

from time to time employed by the Contractor on the site and such other

information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

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

contractor shall abide at all times by all existing labor enactments and rules

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

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

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

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

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

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

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

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

provisions of any Act or rules made thereunder, regulations or

notifications including amendments. If the Employer is caused to pay or

reimburse, such amounts as may be necessary to cause or observe, or for

observance of the provisions stipulated in the notifications/bye

laws/Acts/Rules/regulations including amendments, if any, on the part of the

Contractor, the Engineer/employer shall have the right to deduct any money

due to the Contractor including his amount of performance security. The

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

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

suffered by the Employer.

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

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

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS WORK

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

of injury by accident arising out of and during the course of employment.

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

on satisfaction of certain conditions on separation if an employee has

completed 5 years’ service or more on death, the rate of 15 days wages for every

completed year of service. The Act is applicable to all establishments employing

10 or more employees.

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

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

benefits payable under the Act are:

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

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

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

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

to women employees in case of confinement or miscarriage etc.

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

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

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

Principal Employer by Law. The principal Employer is required to take Certificate

of Registration and the Contractor is required to take license from the designated

Officer. The Act is applicable to the establishments or Contractor of Principal

Employer, if they employ 20 or more contract labor.

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

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

the employment is a scheduled employment. Construction of Building, Roads,

Runways are scheduled employment.

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

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

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

for work of equal nature to Male and Female workers and for not making

discrimination against female employees in the matter of transfer, training and

promotions etc.

I) Payments of Bonus Act 1965: - The Act is applicable to all establishments

employing 20 or more employees. The Act provides for payments of annual bonus

subject to a minimum of 8.33% of wages and maximum of 20 % of wages to

employees drawing Rs. 3500/- per month or less. The bonus to be paid to

employees getting Rs, 2500/- per month or above Rs. 3500/- per month shall be

worked out by taking wages as Rs. 2500/- per month only. The Act does not apply

to certain establishments. The newly set-up establishments are exempted for five

years in certain circumstances. Some of the State Governments have reduced the

employment size from 20 to 10 for the purpose of applicability of this Act.

J) Industrial Disputes Act 1947: - The Act lays down the machinery and

procedure for resolutions of Industrial disputes, in what situations a strike or lock-

out becomes illegal and what are the requirements for laying off or

retrenching the employees or closing down the establishment.

K) Industrial employment (standing Orders) Act 1946: - It is applicable to all

establishments employing 100 or more workmen (employment size reduced by

some of the State and Central Government to 50). The Act provides for laying

down rules governing the conditions of employment by the Employer

on matters provided in the Act and get the same certified by the designated

L) Trade Unions Act 1926: -The Act lays the procedure for registration of trade

unions of workmen and employers. The Trade Unions registered under the Act

have given certain immunities from civil and criminal liabilities.

M) Child Labor (Prohibition & Regulation Act 1986: -The Act prohibits

employment of children below 14 years of age in certain occupations and process

and provides for regulation of employment of children in all other occupations and

processes. Employment of Child labor is prohibited in Building and Construction

N) Inter – State Migrant workmen’s (Regulation of Employment &Conditions

of service) Act 1979: -The Act is applicable to an establishment which employs

5 or more inter-state migrant workmen through an intermediary (who has

recruited workmen in one state for employment in the establishment situated in

another state). The inter-state migrant workmen, is an establishment to

which this Act becomes applicable, are required to be provided certain facilities

such as housing, medical aid, traveling expenses from home up to the

establishment and back, etc.

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

and Conditions of Service) Act 1996 and the CSS Act of 1996: -All the

establishments who carry on any building or other constructions work and

employ 10 or more workers are covered under this Act.

All such establishments are required to pay cess at the rate not exceeding 2% of

the cost of construction as may be modified by the government. The Employer of

the establishment is required to provide safety measures at the building or

construction work and other welfare measures, such as canteens, First Aid

facilities, Ambulance, Housing accommodations for workers near the workplace

etc. The Employer to whom the Act applies has to obtain a registration

certificate from the Registering Officers appointed by the Government.

P) Factories Act 1948: -The Act lays down the procedure for approval of plans before

setting up a factory, health and safety provisions, welfare provisions, working

hours, annual earned leave and rendering information regarding accidents

or dangerous occurrences to designated authorities. It is applicable to premises

employing 10 persons or more with aid of power or 20 or more persons without

the aid of power engaged in the manufacturing process.

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

as per rule. The royalty charges paid shall be borne by the contractor and shall not

be reimbursed by the Employer.

R) Following Pollution control Acts and amendments made thereof from time to

time shall be applicable.

1.Water (Preservation and control of Pollution) Act,1974

2.Air (PreventionandControlofPollutionAct1981

3.Environmental (Protection)Act1986

The contractor must commit to adopting Environmental management plan

for best energy use, waste management, there duction of pollution Asin EMS

(Environmental Management system) ISO-14001-2015

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

24.1 If the Contractor is of the view that a decision taken by the Engineer was

either outside the authority given to the Engineer by the Contract or that the

decision was wrongly taken, the decision shall be referred to

#Superintending Engineer (Higher Authority) within 14 days of the

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

can refer the matter for conciliation within 15 days from the decision given

by the #Superintending Engineer.

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

the decision of the #Superintending Engineer, both the parties have to refer

to the #Chief Engineer concerned for the conciliation process.

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

with the decision of the Superintending Engineer, both parties have to refer

to the #Secretary, Narmada water resources water supply and kalpasar

Department, Government of Gujarat for the conciliation process.

If the dispute is not resolved through the conciliation process,

contractor may refer the dispute to Gujarat Public Works Contract Dispute

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

Higher Authority within 14 days of the notification of the Engineer’s decision,

the Contractor shall not be entitled to any additional

payment/claim if he doesn’t follow the above sequence in stipulated time.

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

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

1. The Employers is [CL.1.1]

Name: Executive Engineer, Irrigation Mechanical Dn.

Address: B-Block, 4th Floor Multistoried Bldg., Near Girdhar Nagar

Bridge, Asarwa, Ahmedabad-380004. Email id: ee-imd5-

[email protected]

Name of authorized Representative: Shri P. R. Patel, E.E.

2. The Engineer is Deputy Executive Engineer, Irrigation Mechanical

Sub Dn. 5/2, Gandhinagar.

Name of Authorized Representative: Shri A. S. Soni, D.E.E.

3. The Defects Liability Period is 6 Months or 500 W/hours [CL.1.1&33]

whichever is earlier from the date of completion.

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

(either telephonic or any other mode) to proceed for necessary

repair/rectification work as per availability of machinery and

practical feasibility of this office.

5. The Intended Completion Date for the whole of work is 30 days [CL.1.1,17&2]

from issuance of notice to start of work.

6. The site/workshop may be located anywhere in Gujarat state [CL.1.1]

depending on the location of machine at the time

repair/rectification.

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

8. The works consist of “Job Work of BD-65 & 65/1 BEML Bulldozer.” [CL.1.1]

with items as per the BOQ.

10. The following documents also form part of the Contract: [CL.2.3(9)]

11. The law which applies to the Contract is the law of Union of India [CL.3.1]

12. The language of the Contract documents is English [CL.3.1]

13. Limit of subcontracting 25% of the Initial Contract Price N/A [CL.7.1]

14. The Schedule of Other Contractors N/A [CL.8]

15. The Schedule of Key Personnel As per Annex – II to Section I N/A [CL.9]

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

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

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

premium necessary to make insurance valid for four occurrences always.

17. Site Investigation report N/A [CL.14]

18. The Machinery Possession dates shall be as per availability [CL.21]

machinery and convenience of this office as per requirement of

Machinery to be repaired/rectified.

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

shall be 10 days from the issue of Letter of Acceptance. N/A

20. The period between program updates will be ……. N/A [CL.27.3]

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

updated Program shall be Rs. ……. N/A

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

Substantially adverse ground conditions encountered during

the course of execution of work not provided for in the bidding

(i) Removal of underground utilities detected subsequently

(ii) Significant changes in classification of soil requiring

additional mobilization by the contractor, e.g. ordinary soil

to rock excavation,

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

etc. not caused by the contractor.

(iv) Artesian conditions

(v) Seepage, erosion landslide

(vi) River training requiring protection of permanent work

(vii) Presence of historical, archeological or religious

structures, monuments interfering with the works

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

or military authority

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

24. The formula (e) for adjustment of prices is as under: N/A [CL.47]

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

found applicable in a work, the weight component of those

commodities {i.e. ‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen’ (Pb) as

indicated in SBD for the purpose of Price Adjustment} shall be

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

that the gross % weight of the components shall remain as 100%.

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

Adjustment for labor component

(I) Price adjustment for increase or decrease in the cost due

to labor shall be paid in accordance with the following

VL = Increase or decrease in the cost of work during the

month under consideration due to changes in rates

for local labor

L0 = The consumer price index for industrial workers for

the State on 28 days preceding the scheduled

date of opening of technical Bids as published

by Labor Bureau, Ministry of Labor, Government

Li = The consumer price index for industrial workers for

the State for the month under consideration as

published by the Labor Bureau, Ministry of Labor,

Government of India.

Pl = Percentage of labor component of the work.

Adjustment for cement component.

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

cement procured by the contractor

Vic= Increase or decrease in the cost of work during the

month under consideration due to changes in rates

C0 = The all-India wholesale price index for Ordinary

Portland Cement on 28 days preceding the

scheduled date of opening of technical bid

as published by the Office of the Economic Adviser,

Department for Promotion of Industry and Internal

Trade, Ministry of Commerce & Industry.

CI= The all-India average wholesale price index for Ordinary

Portland Cement for the month under consideration

as published by Office of the Economic

Adviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

Pc = Percentage of cement component of the work

Adjustment for steel component

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

procured by the contractor shall be paid in accordance with

the following formula

Vs= Increase or decrease in the cost of work during

the month under consideration due to changes in

the rates for steel

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

Long Products Rebars) on 28 days preceding the date of

opening of Bids as published by the Office of the

Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce &

SI = The all-India average wholesale price index for steel

(Mild Steel - Long Products Rebars) for the month

under consideration as published by Office of the

Economic Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of Commerce &

Ps = Percentage of steel component of the work

Note: For the application of this clause, the

index of Mild Steel- Long products

Rebars has been chosen to represent

the steel group.

Adjustments of bitumen component

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

be paid in accordance with the following formula

Vb = Increase or decrease in the cost of work during the

month under consideration due to changes in rates for

Bo = The official retail price of bitumen at the IOC depot

at the nearest center on the day 28 days prior to the

scheduled date of opening of technical bid.

Bi: The official price of bitumen of IOC depot at the

nearest center:

• For the first 15 days of the month under

consideration, the price declared on the 1st day of

• For the remaining days of the month under

consideration, the rate declared on the 16th day of

that month. As per GoG Department’s Circular

No. NWRWSKD/0445/05/2026 Approved Date:

19-05-2026 or as per their latest amendment.

Pb = Percentage of bitumen component of the work

Adjustment of POL (fuel and lubricant) component

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

(fuel and lubricant) shall be paid in accordance with the

following formula

Vf = Increase or decrease in the cost of work

during the month under consideration due to

changes in rates for fuel and lubricants.

Fo = The official retail price of High-Speed Diesel

(HSD) at the existing consumer pumps of IOC at the

nearest center on the day 28 prior to the date of

opening of Bids.

FI= The official retail price of HSD at the existing

consumer pumps of IOC at the nearest center for the

15theday of the month of the under consideration.

Pf = Percentage of fuel and lubricants

component of the work

Note: For the application of this clause, the price of High-

Speed diesel Oil has been chosen to represent the

fuel and lubricants group.

Adjustment for Construction Machinery

(vi) Price adjustment for increase or decrease in the cost

of plant and Machinery spare procured by the

Contractor shall be paid in accordance with the

following formula

Vp= Increase or decrease in the cost of work

during the month under consideration due to

changes in rates for plant and machinery spares

P0 = The all-India wholesale price index for

manufacturer of machinery for mining,

quarrying and Construction for the month under

consideration as published Office of the Economic

Adviser, Department for Promotion

of Industry and Internal Trade, Ministry of

Commerce & Industry.

PI= The all-India average wholesale price index for

manufacturer of machinery for mining,

quarrying and Construction for the month under

consideration as published Office of the Economic

Adviser, Department for Promotion of

Industry and Internal Trade, Ministry of

Commerce & Industry.

Pp= Percentage of plant and machinery spares

component of the work.

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

Machinery and parts has been chosen to represent the

Plant and Machinery Spares group.

Adjustment of another materials Component

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

local materials other than cement, steel, bitumen

and POL procured by the contractor shall be paid in

accordance with the following formula

Vm = Increase or decrease in the cost of work during

the month under consideration due to change in

rates for local materials other than cement, steel,

bitumen and POL.

M0 = The All-Indian wholesale price index (all

commodities) on 28 days preceding the scheduled

date of opening of technical Bids, as published by the

Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

MI= The All-India wholesale price index (all

commodities) for the month under consideration

as published by the Office of the Economic

Adviser, Department for Promotion of Industry

and Internal Trade, Ministry of Commerce &

Pm = Percentage of local material components

(other than cement, steel, bitumen and POL) of

The following percentage will govern the price

adjustment for the entire contract:

1. Labor -Pl 100%

2. Cement – Pc 0%

3. Steel - Ps 0%

4. Bitumen – Pb 0%

6. Plant & Machinery Spares Pp 0%

7. Other Materials - Pm 0%

25. The proportion of payments retained (retention money) shall be {CL. 48}

6% from each bill subject to a maximum of 5% of final contract

26. Number of Liquidated damages for delay For Whole of work {CL.49}

in completion of works (1/500)th of the Initial contract price,

rounded off to the nearest Thousand, per

27. Maximum limit of liquidated damages 10 percent of the Initial {CL. 49}

For delay in completion work Contract Price rounded off to

the nearest thousand

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

N/A work shall be given as per CL.50 of

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

Completion of work N/A Price N/A

30. The amount of the advance payment is {CL. 51 & 52} N/A

#Nature of Advances Amount (Rs.) Conditions to

N/A Be fulfilled

I Mobilization 10% of the contract On submission of unconditional Bank

Price Guarantee. (to be drawn before the end

of 20% of the contract period). The

contractor may furnish four bank

guarantees of 2.5 % of each valid for the

ii Equipment 90% for new and After equipment is brought to site

50% of depreciated (provided the Engineer is

value for old satisfied That the equipment is

equipment. Total

required for performance of the

subject to a contract) and on submission of

maximum of 5% unconditional Bank Guarantee for

of the Contract amount of advance

iii Secured Deleted

Advance for non-

perish able material

Brought to site

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

fulfillment of the above conditions).

31. Repayment of advance payment for mobilization and equipment {CL. 51.3} N/A

The advance loan shall be repaid with percentage deduction from the interim payments

certified by the Engineer under the Contract. Deduction shall commence in the

next Interim Payment Certificate following that in which the total of all such

payments to the Contractor has reached not less than 20 percent of the Contract Price

or 6 (six) months from the date of payment of first installment of advance,

whichever period concludes earlier, and shall be made at the rate of 20 percent

(collectively for both Mobilization Advance and Equipment Advance)of the

amounts of all Interim Payment Certificate until such time as the loan has been

repaid, always provided that the loan shall be completely repaid prior to the expiry

of the original time for completion pursuant to Clause 17 and

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

As a percentage of the Contract Price:

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

decided after evaluation of the bid) as additional security in terms of ITB Clause

The standard form of Performance security acceptable to the Employer shall be an

unconditional Bank Guarantee of the type as presented in Section 8 of the Bidding

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

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

required within 28 days of the issue of certificate of completion of the whole or

section of the work, as the case may beIN/A.

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

by the Date required is Rs. ………. Lakhs’ N/A.

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

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

38. The percentage to apply the value of the work not completed representing {Cl 60}

the Employer’s additional cost for completing the Works shall be 20 per cent.

TECHNICAL SPECIFICATION

TECHNICAL SPECIFICATION

NAME OF WORK: - Job Work of BD-65 & 65/1 BEML Bulldozer.

5.1.0 GENERAL DESCRIPTION AND CONDITIONS OF THE WORK: -

5.1.1 Location: -

Repairing work to be carried out at the place of site/ well-equipped workshop.

5.1.2 Sub site :-

If the tenderer desire to do work of Job work for Machineries

If such workshop is approved as sub site of work the tenderer shall be required to

transport the materials and parts on site of work at his own cost and no extra claim shall be

entertained and no extra payment will be made on account of such transport of parts and

5.1.3 Guarantee: -

The tender should give guarantee for 500 hrs. Or 06 (six) months whichever is earlier from

the job work acceptance. If job work fails during the raid period due to poor workmanship,

the repairing work should have to be carried out free of cost & all expenses is to be borne by

5.1.4 Safety measures: -

The contractor shall have to take proper care of their divers/ labors / workers, who are

carrying out the job. For any damage, injury or any other fetal accident, the contractor will

be responsible to pay compensation to the concern as per prevailing labor acts and no claims

shall be entertained in this regard. All safety measures/equipment/processes must be

strictly maintained/employed/followed by the tenderer to prevent any accident.

5.1.5 Conditions

1. The job work should be carried out as per O.E.M specification standard.

2. The rate should be quoted for complete job including cost of spares parts labor

charges, testing to and from site/workshop.

3. This office will facilitate transportation of machinery up to Dharoi section if such

transportation is required in course of repairing of such machinery. Transportation

to any other place shall be arranged by agency at its own cost and risk and such cost

will not be reimbursed by this office.

4. Inspection: the complete job will inspect by engineer in charge.

5. All the dismantled old spares & material should be handed over to department.

6. The tenderer is responsible for safe custody of machinery, equipment, assembly,

parts, consumables etc. Handed over to him for repairing, if any damage /loss during

the period is observed it shall be recovered from tenderer.

7. The job work shall be carried out at well-equipped work shop or Dharoi section or

present machine site whichever is suitable for job work, as per instructions of

Engineer in charge.

8. The contractor for the work should be well acquainted with the tools and tackles and

techniques of work. The entire work should be done as per the directions of the

engineer-in-charge and in case of any disputes pertained to the work, the decision of

the engineer-in-charge should be treated as final.

9. The contractor should arrange all the required tools, machinery and labor for this

work its own cost and responsibility and such cost shall not be reimbursed by this

5.2 SCOPE OF WORK: - Job Work of BD-65 & 65/1 BEML Bulldozer as per the

following Job work.

Sr. Description Qty. Rate Total

A BD-65 & 65/1 BEML Bulldozer

Removal of the operator cabin of BD-65 and BD-

65/1 dozers, followed by opening up the

underlying fluid transfer mechanism of the

hydraulic and transmission systems for

identification of defects, and subsequent

rectification through repair/replacement of the

existing system components, as per the

instructions of the Engineer-in-Charge. The

work shall be carried out to restore the

1 hydraulic and transmission systems to a fully 4 221000

functional, leak-free condition, ensuring the

desired operability and reliability of the dozer.

This item includes supply and fitting of all

necessary major and miscellaneous items, parts,

consumables, and services required for

complete rectification/overhauling of the

hydraulic and transmission fluid systems,

including refitting of the operator cabin on

B BD-65/1 BEML Bulldozer

Job work of replacement of blade lift cyliner

service kit of each side, which includes

unmounting of blade lift cylinders,

2 disassembling it and replacement of following 4 47662

kit and servicing, refitting and remounting it to

the machine. Including following part.

5.3 COMMERCIAL TERMS & CONDITIONS: -

(1) Payment will be made on completion of work and after deducting GST and IT TDS as

per applicable rules.

Description of the Works:

1. We offer to execute the Works described above and remedy any defects therein in

conformity with the conditions of Contract, specification, drawings, Bill of Quantities

and Addenda for the sum (s) of

2. We undertake, if our Bid is accepted, to commence the Works as soon as is reasonably

possible after the receipt of the Engineer’s notice to commence, and to complete the

whole of the Works in the Contact within the time stated in the document.

3. We agree to abide by this Bid for the period of 120 Days from the date fixed for

receiving the same, and it shall remain binding upon it and may be accepted at any

time before the expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid, together with

your written acceptance thereof, shall constitute a binding contract between us.

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

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

(in block capitals or typed)

BILL OF QUANTITIES

BILL OF QUANTITIES

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

Conditions of Contract, Technical Specifications and Drawings.

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

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

actual quantities of work ordered and carried out, as measured by the Contractor

and verified by the Engineer and valued at the rates and prices tendered in the

priced Bill of Quantities, where applicable, and otherwise at such rates and prices

as the Engineer may fix within the terms of the Contract.

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

as it is otherwise provided under the Contract, include all constructional plant,

layout, supervision, materials, erection, maintenance, insurance, profit, taxes and

duties, together with all general risks, liabilities and obligations set out or implied

in the Contract.

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

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

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

to enter a rate or price shall be deemed to be covered by other rates and prices

entered in the Bill of Quantities (in case of Item rate contract).

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

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

provided the cost shall be deemed to be distributed among the rates and prices

entered for the related items of Work.

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

repeated or summarized in the Bill of Quantities. References to the relevant

sections of the contract documentation shall be made before entering rates or

prices against each item in the Bill of Quantities.

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

specification for Road and Bridge works. For building works specifications for

building are to be followed.

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

Clause 29 of the Instructions to Bidder.

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

blasting, or the use of metal wedges and sledgehammers, or the use of

compressed air drilling for its removal, and which cannot be extracted by ripping

with a tractor of at least 150 kw with a single rear mounted heavy duty ripper.

BILL OF QUANTITIES

(A)Percentage Rate Tender (Up to INR 50 Cr.)

Item Description of Item (with brief Quantity Unit Rate in Amount

No specification and reference to figure

book of specifications)

--------------------------As per separate sheet attached (online)--------------------------

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

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

of my /our tender works out as under.

Estimated amount put to tender Estimated amount put to tender

Deduct………% below Add………% Above

In words in words

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

Item Description of Item (with Quantity Unit Rate Amount

No brief specification and In In

reference to book of figures Words

specifications)

(A) Total Tendered Amount

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

……………………………… (in words)

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

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

directed by the Engineer-In-Charge and as per GR No. MIS/102010/17(2)/k-1 of dtd.

29/01/2011 for which no extra payment shall be made.

2. The labor cess will be deducted as per prevailing rules i.e. 1% of the work done.

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

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

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

5. The quoted rates should be inclusive of cost of minor rectification work which may have

to be done for correcting the distortion caused during transportation of the machineries

SECURITIES AND OTHER FORMS

BID SECURITY (BANK GUARANTEE)

WHEREAS, ---------------------------------------- (name of Bidder) (hereinafter called the “The

Bidder”) has submitted his bid Dated ------------------------ (Date) for the construction

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

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

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

registered office at -------------------------------------------------------(hereinafter called “The

Bank”) are bound unto --------------------------------------------(name of Employer)

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

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

successors and assigns by these presents.

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

THE CONDITIONS of these obligations are:

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

specified in the Form of Bid;

(2) If the Bidder has been notified of the acceptance of his bid by the Employer during

the period of Bid Validity:

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

Instructions to Bidders, if required; or

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

Instructions to Bidders; or

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

(Correction of Errors)

We undertake to pay to the Employer up to the above amount upon receipt of his first

written demand, without the employer having to substantiate his demand, provided that in

his demand the Employer will note that the amount claimed by him is due to him owing to

the occurrence of one or any of the three conditions, specifying the occurred conditions or

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

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

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

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

should reach the Bank not later than the above date

(Signature, name and address)

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

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

16.1(Bid Security) of the Instructions to Bidders.

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

Employer before the Bidding documents are issued.

PERFORMANCE SECURITY

Executive Engineer,

Irrigation Mechanical Division No

B-Block, 4th Floor, Asara Multi storied bldg.,

Ahmedbad-380004.

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

---- (name of Contract and brief description of Works) (hereinafter called “The

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall

furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as

security for compliance with his obligation in accordance with the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to

you on behalf of the Contractor, up to a total of ------------------------------------------

(amount of guarantee)* ---------------------------- (in words), such sum being payable in

types and proportions of currencies in which the Contract prices is payable, and we

undertake to pay you, upon your first written demand and without cavil or

argument, any sum or sums within the limits of ----------------------------------------

(amount of guarantee) as aforesaid without your needing to prove or to show

grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the contractor

before presenting is with the demand.

We further agree that no change or addition to or other modification of the terms of the

Contract to of the Works to be performed thereunder or of any of the Contract documents

which may be made between your and the Contractor shall in any way release us from any

liability under this guarantee, and we hereby waive notice of any such charge, addition or

This guarantee shall be valid until 60 days from the date of expiring of the Defect Liabilities

Signature and Seal of the guarantor -----------------------------

*An amount shall be inserted by the Guarantor, representing the percentage the Contract price

specified in the Contract denominated in Indian Rupees.

ADDITIONAL PERFORMANCE SECURITY

[Clause 34.1. (A)]

Irrigation Mechanical Division No

B-Block, 4th Floor, Asara Multi storied bldg.,

Ahmedbad-380004

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

--------- (Name of Contract and brief description of Works) (hereinafter called “The

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall

furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as

security for compliance with his obligation in accordance with the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to

you on behalf of the Contractor, up to a total of ------------------------------------------

(amount of guarantee) ---------------------------- (in words), such sum being payable in types

and proportions of currencies in which the Contract prices is payable, and we undertake

to pay you, upon your first written demand and without cavil or argument, any

sum or sums within the limits of ---------------------------------------- (amount of

guarantee) as aforesaid without your needing to prove or to show grounds or reasons

for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the contractor

before presenting is with the demand

We further agree that no change or addition to or other modification of the terms of the

Contract to of the Works to be performed thereunder or of any of the Contract documents

which may be made between your and the Contractor shall in any way release us from any

liability under this guarantee, and we hereby waive notice of any such charge, addition or

This guarantee shall be valid until 28 days from the project completion date.

Signature and Seal of the guarantor -----------------------------

BANK GUARANTEE FOR ADVANCE PAYMENT

Executive Engineer,

Irrigation Mechanical Division No

B-Block, 4th Floor, Asara Multi storied bldg.,

Ahmedbad-380004

In accordance with the provisions of the Conditions of Contract, sub-clause

51.1 (“Advance Payment”) of the above-mentioned Contract, -------------------------------

------------------- (name and address of Contractor) (hereinafter called “the

Contractor”) shall deposit with ----------------------------------------------------- (name of

Employer) a bank guarantee his proper and faithful performance under the said

Clause of the Contract in an amount of -------------------------- (amount of Guarantee)* ------

We, the --------------------------------- (bank of financial institution), as instructed by the

Contractor, agree unconditionally and irrevocably to guarantee as primary obligator

and not as Surety merely, the payment to ---------------------------------------- (name of

Employer) on his first demand without whatsoever right of obligation on our part and

without his first claim to the Contractor, in the amount not exceeding -------------------------

(amount of guarantee)* ------------------------------------------- (in words)

We further agree that no change or addition to or other modifications of the terms of the

Contractor or Works to be performed there under or of any of the Contract

documents which may be made between --------------------------------- (name of

Employer) and the Contractor, shall in any way release us from any liability under this

guarantee, and we hereby waive notice of any such change, addition or

This guarantee shall remain valid and in full effect from the date of the advance payment

under the Contract until -------------------------------------- (name of employer) receives full

repayment of the same amount from the contractor.

Name of Bank/ Financial Institution _____________________________

* An amount shall be inserted by that Bank or Financial Institution representing the amount of the

Advance Payment, and denominated in Indian Rupees

Letter of Acceptance

(Letter head paper of the Employer)

_______________________________ (Name and address of the Contractor)

This is to notify you that your Bid dated______________________________ for execution of the

_________________________ (Name of the contract and identification number, as given in the

Instructions to Bidders) for the Contract Price of Rupees ______________ (______________)(amount

in words and figures) as corrected and modified in accordance with the Instructions to

Bidders* is hereby accepted by our agency.

You are requested to furnish performance security, in the form detailed in para 34.1 of

ITB for an amount equivalent to Rs. __________ within 10 days of the receipt of this letter of

acceptance up to beyond 60 days from the date of expiry of defects Liability period i.e. up to

and the Additional Performance Security for an amount equivalent to Rs. shall be valid beyond

28 (twenty-eight) days of Project Completion Date i.e. up to and sign the contract, failing

which action as stated in Para 34.3 of ITB will be taken.

Yours Faithfully

Authorized Signature

Name and title of Signatory

Name of Employer

* Delete “Corrected and” or and modified if only one of these actions applies. Delete as

corrected and modified in accordance with the Instructions to Bidders, if corrections or

modifications have not been affected.